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Davis LLP Web Logs or "Blogs" are intended to provide general comments on developments in the law. They are not intended to be a comprehensive review nor are they intended to provide legal advice. Readers should not act on information in the blogs without seeking specific advice on the particular matter. Please contact a lawyer listed on the blog pages for additional details, or to discuss how blog information is relevant to a specific situation.

Climate Change Law Practice Group Blog

» biofuels

Governments of Canada and of Québec announce major Green Infrastructure Investment in Québec City

Today the Honourable Josée Verner, Minister of Intergovernmental Affairs, President of the Queen's Privy Council for Canada and Minister for La Francophonie and Minister responsible for the Québec City Region, Ms. Line Beauchamp, Minister of Sustainable Development, Environment and Parks, and Mr. Sam Hamad, Minister of Employment and Social Solidarity and Minister responsible for the Capitale-Nationale region of Québec, announced support for a major Green Infrastructure Project in Québec City (the "Project"). The Project represents a global investment of $57 million and will create more than 450 direct and indirect jobs in the region.

The Project involves the construction of an organic waste treatment facility, including biomethanization and composting equipment. In its first five years of operation, it is expected the facility will be capable of treating up to 70% of the organic waste produced by the entire population of Québec City. Once at full capacity, it will treat up to 85,000 tonnes of organic waste previously destined to incineration. Biomethanization is the process of decomposing biomass with anaerobic bacteria to produce biogas, a Green Fuel that can displace fossil fuels in automotive or home heating applications.

Of the overall investment, the Government of Canada has committed to contribute close to $17 million, or up to one third of eligible costs. The federal contribution to the Project will be provided through the new, $1-billion, five-year, nation-wide Green Infrastructure Fund, which is part of Canada's Economic Action Plan announced in the January 2009 Budget. The Green Infrastructure Fund supports sustainable energy generation and transmission, as well as wastewater treatment and solid waste management at the municipal level.

As for the Government of Québec, it is to fund approximately $17.7 million of the Project. The provincial contribution is being granted under the province's Program for the Treatment of Organic Matter through Biomethanization and Composting (French-only) (the "Program") which benefits from a total investment of about $650 million, of which at least $187 million is to come from the Government of Québec. Projects funded under the Program are to create approximately 5,200 direct and indirect jobs. The Program aims to implement one of the major components of Québec's new Management of Residual Materials Policy (French-only) by progressively banning the landfilling of organic matter by 2020, while contributing to the achievement of the province's GHG emissions reduction target.

Québec City Mayor Régis Labeaume announced that the remainder of the Project's cost will be borne by the City.

The federal government is also evaluating other biomethanization projects to be undertaken in the province of Québec under the Green Infrastructure Fund. The total federal investment in these biomethanization projects could reach more than $170 million.

Joint Announcement of an Investment of up to $20 million to develop a Pilot Biorefinery in Thunder Bay

Today, the Honourable Tony Clement, Federal Minister of Industry, on behalf of the Honourable Lisa Raitt, Canada's Minister of Natural Resources, along with the Honourable Michael Gravelle, Ontario Minister of Northern Development, Mines, and Forestry, announced funding of up to $20 million to develop a forest biorefinery. The pilot project will test forest biomass for use in energy and next-generation forest products. The initial phase of the pilot project involves a feasibility study that will provide a complete analysis of the biorefinery's functions, including a pre-commercial process to extract wood fibres; identify market opportunities; assess output capacity of the demonstration plant; and determine full project costs.

An agreement was also reached by all partners to increase the research capacity and knowledge in the region, which will help Thunder Bay's reputation as a leading centre for bioeconomy research and innovation.

Of the project and agreement, Minister Gravelle was quoted as saying "The diversification of the forest industry in Ontario, including emerging innovative biofuel, is key to strengthening Ontario's forest sector now and into the future [...] we created the Centre for Research and Innovation in the Bio-Economy to bring business, government and communities together to develop new economic opportunities and help ensure a bright future for Northern Ontarians."

Located in Thunder Bay, the Centre for Research and Innovation in the Bio-Economy, or CRIBE, is a not-for-profit organization developed by the Ontario Ministry of Research and Innovation, which focuses on commercializing new forest products and technologies by working with leading researchers and industry. The province is currently investing $25 million in the CRIBE, which intends to attract world-class researchers and industry leaders to develop the next generation of renewable forestry bio-products.

Forest bio-products contribute an estimated $1 billion to Canada's economy and could one day be as important as the conventional forest economy.

International Energy Agency launches World Energy Outlook 2009 in London

The International Energy Agency>International Energy Agency ("IEA") today launched its annual flagship publication in London. The World Energy Outlook 2009 (WEO 2009) looks at the impact of the economic downturn on energy use, CO2 emissions and energy investment and what will be required at the UN climate conference in Copenhagen to put together an agreement that stops global temperatures rising at a price that is affordable. The WEO 2009 also focuses on the natural gas resource base, current trends and the role gas will play in the future energy mix. Finally, the publication includes a review of energy in Southeast Asia, looking at that fast-growing region and its implications for global energy markets.

The IEA's Executive Director, Mr. Nobuo Tanaka declared that "World leaders gathering in Copenhagen next month for the UN Climate summit have a historic opportunity to avert the worst effects of climate change. The World Energy Outlook 2009 seeks to add momentum to their negotiations at this crucial stage by detailing the practical steps needed for a sustainable energy future as part of a global climate deal" and added that "WEO 2009 provides both a caution and grounds for optimism. Caution, because a continuation of current trends in energy use puts the world on track for a rise in temperature of up to 6°C and poses serious threats to global energy security. Optimism, because there are cost-effective solutions to avoid severe climate change while also enhancing energy security - and these are within reach as the new Outlook shows".

In conjunction with the WEO 2009, the IEA has also released an Executive Summary which provides an overview of the publication's key findings and topics, as well as a Fact Sheet, which provides data in a bullet-point format on the following questions and issues: (1) The sustainability of our current energy pathway; (2) The Impact of the financial crisis on Energy Investment (3) Natural gas' role in the global energy mix; (4) What a low-carbon energy future might look like; (5) The impact of the financial crisis on the outlook for CO2 emissions and global climate; (6) Assumptions on Energy Prices, volatility and the future of cheap energy.

Copies of the World Energy Outlook 2009 can be ordered from the IEA Bookshop.

Waste-to-biofuels plant to use residual heat and synthetic gas from its process as heating and cooling energy for residents and institutions on outskirts of Edmonton

Enerkem, a waste-to-biofuels and green chemicals technology company, today jointly announced a community energy initiative that will heat a Strathcona County neighbourhood, using the residual heat and synthetic gas from its process employed at its Edmonton waste-to-biofuels plant. On hand for the joint announcement were Alberta Environment Minister Rob Renner, City of Edmonton Mayor Stephen Mandel, and Strathcona County Mayor Cathy Olesen.
Enerkem's community energy project received $7.45 million grant funding from the Government of Alberta from the Clean Air and Climate Change-Technology and Innovation Program, under Alberta's share of the Canada ecoTrust. The project was selected because of its great potential in reducing greenhouse gas emissions for the Edmonton Region, by providing a clean alternative source of energy.
The Enerkem GreenField Alberta Biofuels plant will provide the residual heat and synthetic gas from its process as heating and cooling energy for residents and institutions in the Emerald Hills area. Strathcona County will use the innovative alternative to natural gas in a heating loop in Sherwood Park. Once operational in 2012, the Enerkem renewable energy project will reduce greenhouse gas (GHG) emissions by about 7,000 tonnes per year.

SDTC announces opening of new round of funding

Sustainable Technology Development Canada ("SDTC") will be accepting Statements of Interest ("SOIs") from September 2 to October 21, 2009.

SDTC was created to fund development and demonstration projects, which SDTC also describes as prokecst that take technologies out of the laboratory and prove them in real-world test situations. SDTC funding is not available for primary research and development or for initial proof of concept projects. Applicants must therefore demonstrate that:

  • the proposed project is technically sound and undertaken by an applicant with the necessary technical, financial and management capacity;
  • the proposed project will be undertaken in a collaborative and innovative manner;
  • the new technology and related intellectual property will be diffused in a timely manner in the relevant market sectors; and
  • the funding is necessary to ensure that the project proceeds in a manner to ensure broad benefits to Canadians nationally or regionally

Projects must pertain to one of the following primary sectors of Canada's economy:

  • Energy Exploration, Production, Transmission and Distribution
  • Power Generation
  • Energy utilization
  • Transportation
  • Agriculture, Forestry and Mining
  • Waste Management
  • Cross-sectoral

To date, SDTC has provided over $376 million in funding to 154 projects. A breakdown by sector is posted here.

Note that SDTC is also running an open call for projects for its $500 million NextGen BioFuels Fund. To be eligible, projects must:

  • be a First-of-Kind facility that primarily produces a next-generation renewable fuel at large demonstration-scale;
  • be located in Canada;
  • use feedstocks that are or could be representative of Canadian biomass; and
  • have demonstrated its technology at pre-commercial scale.

Major Investments in Biofuels Development

On August 11, 2009 one of the world's largest energy companies, BP PLC, announced that it had entered into a partnership with Martek Biosciences Corp. to advance the development of a technology to convert sugars into biodiesel.

Under the terms of the joint development agreement (the "JDA"), BP agreed to contribute up to $10 million to a research program aimed at enable large-scale, cost-effective microbial biodiesel production. The sugar to diesel technology would use advanced biological science to convert sugars derived from biomass into lipids with the assistance of fermentation micro-organisms; chemical or thermocatalytic processes are then applied to convert the lipids into fuel molecules.

Most noteworthy is the fact that such biodiesel produced from sustainable feedstocks offers the potential to deliver greenhouse gas emission reductions of up to 80-90% when compared to traditional fossil fuel. Other advantages of the proposed sugar to biodiesel pathway over conventional biodiesel made from vegetable oils noted by BP include:

  • Acess to a wide variety of biomass feedstocks such as sugar cane, sugar cane waste (bagasse), energy grass and woodchips, which can be produced at scale and in high yield.
  • Use of sustainable, non-food, plant biomass as its feedstock.
  • Ability to tailor the product for a variety of diesel and jet-fuel needs.
  • Reduced exposure to vegetable oil price.

Under the terms of the partnership, all intellectual property developed during the JDA will be owned by BP, with an exclusive license to Martek for application and commercialization in nutrition, cosmetic, and pharmaceutical applications.

The parties will combine Martek's unique algae-based technologies and intellectual property for the creation of sustainable and affordable technology for microbial biofuel production with BP's expertise in fuels markets and applications, and their more recent experience in biofuels production and commercialization.

The BP-Martek partnership announcement comes on the heels of Exxon Mobil Corp.'s July 14, 2009 announcement of a $600 million investment in next-generation algae-based biofuels in partnership with privately held Synthetic Genomics Inc., with the possibility of significantly more investment to follow in order to scale up the technology and bring it to commercial production.

Announcements such as the ones above from industry heavyweights BP and Exxon Mobil - and their underlying funding of the renewable energy sector - clearly demonstrate that the Oil & Gas industry understands that the world faces a significant challenge to supply the energy required for economic development and improved standards of living while managing greenhouse gas emissions and are now decisively positioning themselves to be part of the climate change solution.

Sale of wheat straw biofuel in Ottawa marks a "World First"

One of the most common criticisms of biofuels has been that they generate a "food versus fuel" conflict unacceptable in a world where so many go hungry. In the past few years, biofuel generation has been blamed by many for the rising cost of food. Thus, there is much incentive to generate a form of biofuel that does not use pure food products, such as corn and soy. Enter, wheat straw biofuel. Made from portions of wheat that are usable for food, this cellulosic ethanol is being touted as a far more sustainable version of the "first generation' biofuels which required the use of edible portions of plants.

This week, an Ottawa Shell station will be the first in Canada to sell a 10% cellulosic ethanol-gas blend. Costing the same as unblended gas, and offering equal mileage, the fuel is being produced by Iogen Energy Corporation at a local facility. Royal Dutch Shell is a partner in this project, as they continue to build their involvement in the development of sustainable fuels. While they are a significant investor in the Alberta oil sands and a natural gas producer, they are also the world's largest distributer of biofuels and seek to expand their involvement in the development and distribution of cleaner fuel sources.

At the opening on June 10th, Dr. Graeme Sweeney, Shell's Executive Vice President for Future Fuels and CO2, stated: "while it will be some time before general customers can buy this product at local service stations, we are working with governments to make large-scale production economic." His enthusiasm is echoed by Iogen CEO, Brian Foody, who noted that this station is a "world-first". Federal Transport and Infrastructure Minister John Baird, called is "a great day for Canadian technology and proof that Canada's commitment to developing low CO2 fuels is starting to pay dividends for the environment, farmers, and consumers".

In the hopes of expanding the sale of this particular type of biofuel, Shell has plans to open a second facility in Saskatchewan.

Posted by Sarah Robicheau, Summer Student

Edmonton to open North America's first waste-to-biofuel plant

Posted by Sarah Robicheau, Summer Student

By the end of 2009 the City of Edmonton will be home to a one-of-a-kind in North America commercial facility which uses microorganisms to convert waste into valuable synthetic gases including ethanol, methanol and diesel, as well biochemicals such as acetic acid or acetate.

This pioneering project is the result of a joint effort between Enerkem, a Canadian biofuel and biochemical producer, GreenField Ethanol of Toronto and the City of Edmonton, where the facility is to be located. GreenField, Canada's leading ethanol producer, has contributed $70 million to the venture, while Edmonton has contributed $20 million. Enerkem and the City entered into a 25 year agreement in 2008 which will see the city supplying 100, 000 tonnes of municipal waste, which Enerkem expects to convert into 36 million litres of ethanol a year. Over the lifespan of the agreement, the facility is expected to reduce Alberta's carbon dioxide footprint by more than six million tons.

"This unprecedented project is set to change the dynamics of the waste and fuel industries by making waste that would otherwise be landfilled a resource for transportation fuels," said Vincent Chornet, chief executive of Enerkem. Adopting such an entrepreneurial attitude, not only is the technology involved innovative, but so is the business scheme; it represents the first such partnership "between a large urban centre and a biofuel producer to turn municipal waste into ethanol", according to Enerkem.

While this project is being funded by the City of Edmonton and other investors, Enerkem has received funding for other biofuel facilities through Sustainable Development Technology Canada. SDTC administers a $500 million dollar "NextGen Biofuel Fund", established by the federal government to support projects related to the development of next generation biofuels. Through the fund, the government "will support up to 40%, of eligible project costs for the establishment of first-of-kind large demonstration-scale facilities for the production of next-generation renewable fuels." Those interested in applying for funding may contact Davis LLP for assistance or visit the SDTC's site directly.

Alberta Budgets for Climate Change

The Alberta Government announced its 2009 Budget yesterday. Reading through the many pages of the document, it is clear that climate change is a priority for both the Department of Energy and for Alberta Environment. It is no surprise that climate change initiatives are addressed in more than one Ministry - climate change isn't the responsibility of just one area of government - it touches matters for which many are accountable.

Energy

Of the eleven goals outlined in the Energy Business Plan, six of them are related directly to climate change initiatives in the areas of renewable and alternative sources of energy, conservation of energy and carbon capture and storage. In some cases, strategies for meeting these goals are a combination of the above initiatives.

Renewable and Alternative Sources of Energy

A strategy for meeting Goal 4, to encourage value added development in Alberta, includes facilitating the development and utilization of alternative energy resources such as biofuels and waste to energy opportunities.

Goal 5, to make Albertan's aware of and understand existing and emerging trends relating to energy development and use in Alberta relates to renewable and alternative sources of energy, contains strategies to proactively identify, communicate and address emerging issues that face energy and mineral development in Alberta and to enhance provincial, national and international understanding of Alberta's energy resources and work being done to develop these in an environmentally sustainable manner.

Goal 8 is to ensure effective innovation policies and programs to achieve technology and processing improvements in the development of energy and mineral resources. Realizing Alberta's energy vision will include the development of new technologies or the enhanced deployment of already proven technologies, including renewable energy sources. One of the strategies under this goal is to work with other ministries (Environment?), research organizations and industry to develop an integrated, coordinated approach to research that supports environmentally sustainable energy development.

Carbon Capture and Storage

The Department of Energy identifies Carbon Capture and Storage as a significant opportunity for Alberta in two ways:

Value Added - Alberta has a unique opportunity to develop leading industrial and petrochemical upgrading and refining clusters based on transforming raw feedstocks into synthetic gas and gas liquids for petrochemical development. At the same time we can capture and store carbon emissions and produce electricity for the provincial grid.

CCS - CCS in its ultimate role, is an enabler of clean gasification processes and is a key technology component to realizing the commercial viability of clean fossil fuels. The Western Canada Sedimentary Basin is also one of the world's most attractive sites for storing carbon emissions. Ultimately, Alberta's expertise in the science of solutions will be valued and an exportable resource unto itself.

A number of the goals outlined in the Energy Business Plan specifically relate to CCS.

Goal 3 is to ensure energy and mineral resource development occurs in a responsible, environmentally sustainable manner and achieves the Government of Alberta's outcomes. To do so, the Department of Energy will work with other ministries and stakeholders to implement the provincial action plan on climate change and the recommendations from the Carbon Capture and Storage Development Council, in particular the implementation of carbon capture and storage research and demonstration projects.

Goal 7, that Energy infrastructure is built and sustained to support the Government of Alberta's objectives, includes the need to build infrastructure to support CCS.

Goal 8, ensuring effective innovation policies and programs to achieve technology and processing improvements in the development of energy and mineral resources, specifically mentions the need to develop technologies to realize large scale capture and use of carbon.

Conserving Energy

Goal 6 in Energy's Business Plan is to ensure that industry, citizens, and communities conserve and use energy wisely. Do to so, Energy intends to promote smart metering, smart grids and better consumption measurement; facilitate the reduction of energy intensity through gains in energy effi ciency and demonstrated government leadership; and support the development of an energy effi ciency policy framework and provincial legislation.

Expenditures

The Department of Energy intends to spend wisely in the areas of renewables, conservation and carbon capture and storage. $100 million for CCS alone has been budgeted for 2009/2010. Next year's forcast is triple that number.

Environment

One of the opening statements in Alberta Environment's Business Plan confirms its commitment to addressing climate change:

Leadership is provided to transition Alberta to an outcomes focused environmental cumulative effects management system, implement the provincial Climate Change Strategy, implement the renewed Water for Life strategy, develop all Alberta's energy resources, including the oil sands, in an environmentally sustainable way, and to provide Albertans, stakeholders and industry with information on government's role in ensuring environmental excellence and sustainable development while providing tools to reduce their environmental footprint.

Climate change is specifically identified as a significant opportunity and challenge for Alberta. The Alberta Environment Business Plan summarizes this opportunity and challenge as follows:

Climate change has been described as "the most complex collective action problem in human history". In the United States, President Obama sees climate change as putting "the planet in peril". Global action on this issue continues to build not only from an environmental perspective but in the areas of economics and politics. Albertans and the Ministry are in a unique position of providing global leadership on this issue. The Alberta government's recent announcement of resources towards climate change initiatives including carbon capture and storage is the single largest global expenditure to date. The challenges of managing our global energy resources in an environmentally responsible and economically sound and efficient manner, is creating opportunities for this province to reduce carbon while supporting global energy security.

The budget shows that there is $132 million in the Climate Change and Emissions Management Fund and is projecting another $95 million will be collected next year. March 31 was the date for compliance under the Specified Gas Emitters Regulation and final figures indicating contributions to the Fund should be available from Alberta Environment shortly.

Goal 1, that the cumulative effects of development on land, air, water and climate be managed to achieve Government of Alberta desired environmental outcomes, is the main goal in Alberta Environment's Business Plan which focuses on climate change.

This goal will be addressed using a variety of strategies, including:

  • assist in ensuring Alberta's energy resources are developed in an environmentally sustainable way by supporting the Ministry of Energy in the implementation of carbon capture and storage research and demonstration projects
  • Continue to implement the Climate Change Strategy through policy, program and infrastructure initiatives and assure appropriate governance of the Climate Change and Emissions Management Fund. This strategy will include programs that promote wise energy use across the province, emissions management, vulnerability assessment and climate change adaptation strategies to reduce Alberta's exposure to climate change risks, development of legislation to drive energy effi ciency and conservation, and support for energy innovation and carbon management initiatives designed to lower greenhouse gas emissions over the long term.
  • Complete work with the Clean Air Strategic Alliance (CASA) to update Alberta's Clean Air Strategy and begin implementation of the strategy by applying the revised management framework and renewing the major elements of the provincial air system.

Lessons Learned

This Budget confirms a number of things we have been blogging about:

1. Alberta is a global leader in climate change initatives such as CCS - our government's $2 billion commitment to CCS is the world's largest

2. Cooperation is required - to address climate change domestically, government departments will work together. Both Environment and Energy Business Plans indicate that they will be working with other ministries to address climate change initiatives

3. Addressing climate change is a challenge, but it is also an opportunity for governments

Given the commitments outlined in this budget, Alberta will have much to be proud of at the Copenhagen Climate Conference in December.

CD Howe Institute questions cost effectiveness of biofuels subsidies

The CD Howe Institute recently released "Going Green for Less: Cost-Effective Alternative Energy Sources", a comparative analysis of federal and provincial greenhouse gas ("GHG") mitigation incentive programs (the "Report"). The Report concludes that the government is currently over-investing expensive liquid bio-fuels programs and is under-investing in most cost-effective programs renewable heat and power programs.

The Report analyzes programs for liquid biofuels, renewable power, and renewable heat. The life-cycle emissions mitigation potential of each is measured against the technology that they would most likely replace (e.g., emissions from bio-diesel were compared against those from conventional diesel). The financial incentive for each program is then normalized using the calculated emissions mitigation potential to give a dollar-per-tonne measure of cost effectiveness. The Report acknowledges that the calculations are subject to many assumptions.

The Report summarizes the results as follows:

"The lowest-cost government incentive programs identified are for renewable heat and power technologies such as wind power, solar air and hot water heating, and biomass pellet heating, as well as energy retrofitting strategies. For these programs, mitigation could be realized at $10-to-$60 of government subsidy per tonne of carbon dioxide equivalent (CO2e) offset.

In contrast, the most expensive government incentives were found to be liquid biofuels, which ranged from $295-to-$430/tonne of CO2e for ethanol and $122-to-$175/tonne of CO2e for biodiesel. The federal government's $4.5 billion ecoENERGY program has dedicated over half of the total budget towards liquid biofuels." [emphasis added]

Having concluded that the government has a tendency to place big bets on the wrong technology, the Report recommends a technology-neutral alternative to existing programs. It suggests setting a carbon emissions "bounty" of between $30-50 per tonne CO2e, payable to any technology that could demonstrate verifiable reductions. However, the Report acknowledges that universal price on carbon, such as that established by a carbon tax or cap-and-trade system, would be preferrable to an improved carbon subsidy.

Green energy is the next hot intellectual property sector

As reported in the March issue of Lawyers Weekly, patent filing is a booming area of practice for many Canadian firms. In particular, Davis LLP lawyer Ken Cancellara predicts that there will be a rush to protect intellectual property in the alternative energy sector:

"The Internet isn't the only reason for the increased legal business related to patents. The market 'is stable as far as general industries are concerned, but it's growing and about to explode in another area,' noted Kenneth Cancellara, a partner with Davis LLP in Toronto.That explosion is being felt in the energy sector, and it is especially pronounced in the alternative energy field. 'You can't pick up a newspaper today without reading about biofuels,' said Cancellara.

'If I had a prediction to make,' he added, 'it will be that this area is as important as the pharmaceutical [sector] issues in the 1980s. In the next two to five years, protection of alternative energy sources will become absolutely essential to the survival of the sector.'"

The full text of the article is available here.

Ottawa's GHG offset system to include a "fast track" project approval system for first 6 months

submitted by Grant Boyle

On August 9 the federal government published a draft Guide for Protocol Developers for Canada’s Offset System for Greenhouse Gases. The draft Guide will undergo a 60 day consultation period before a final Guide is published. The Guide is intended to provide details on the requirements to complete an Offset System Quantification Protocol and the steps that must be followed to create offset credits under the federal GHG emissions framework.

Projects must take place in Canada, must have started on or after January 1, 2000, must be surplus to all legal requirements (federal, provincial/territorial and regional) and go beyond what is expected from the receipt of other climate change incentives (federal, provincial/territorial). Credits may be issued for reductions achieved after January 1, 2008.

The quantification requirements in the Guide are based on the ISO 14064 standard. The Guide does not provide or recommend an approach to quantify GHG reductions from specific project types and will rely on project proponents to develop and submit their own protocols to Environment Canada for approval, unless the protocol type has already been approved by the Ministry. The approvals process is expected to take 5-8 months.

During the first six months of the operation of the Offset System, Environment Canada will implement a modified and accelerated process to review and approve Offset System Quantification Protocols that are derived from a list of 40 “external protocols” from other systems, including: the Clean Development Mechanism, Alberta’s Specified Gas Emitters Regulation, the California Climate Action Registry, the Greenhouse Gas Abatement Scheme in New South Wales, France’s Offset System, and the Regional Greenhouse Gas Initiative. The Guide includes a proposed list of external protocols for “fast track” approval:

Agriculture
*Including Edible Oils in Cattle Feeding Regimes (Alberta)
*Reducing Days on Feed of Cattle (Alberta)
*Reducing the Slaughter Age of Cattle (Alberta)
*Anaerobic Decomposition of Agricultural Materials (Alberta)
*Livestock Project Reporting Protocol Capturing And Combusting Methane From *Manure Management Systems (California)
*GHG Emission Reductions From Manure Management Systems (CDM)
*Innovative Feeding Of Swine and Storing and Spreading of Swine Manure (Alberta)
*Tillage System Management (Alberta)

Energy Efficiency
*Waste Gas Or Waste Heat Or Waste Pressure Based Energy Systems (CDM)
*Residential Buildings (Alberta)
*Commercial Buildings(Alberta)
*Waste Heat Recovery Projects (Alberta)
*Waste Heat Recovery Project - Streamlined(Alberta)
*Energy Efficiency Projects (Alberta)

Forestry
*Afforestation Projects (Alberta)
*Forest Management (California)

Fossil Fuels
*Industrial Fuel Switching From Coal Or Petroleum Fuels To Natural Gas (CDM)
*Switching From Coal And/Or Petroleum Fuels To Natural Gas In Existing Power Plants For Electricity Generation (CDM)

Geological Sequestration
*Acid Gas Injection (Alberta)
*Enhanced Oil Recovery (Alberta)

Methane
*Landfill Gas Capture And Combustion (Alberta)
*Landfill Project Reporting Protocol Collecting And Combusting Methane From Landfills (California)
*Landfill Gas Project Activities (CDM)
*Coal Bed Methane, Coal Mine Methane And Ventilation Air Methane Capture And Use For Power (Electrical Or Motive) And Heat And/Or Destruction By Flaring Or Catalytic Oxidation (CDM)
*Aerobic Composting (Alberta)
*Aerobic Landfill Bioreactor Projects (Alberta)
*Coalmine Methane and Abandoned Mine Methane Capture and Destruction Projects (General Electric AES)
*Waste Water Treatment Methane Capture and Destruction Projects (General Electric AES)

Renewable Energy
*Biomass to Energy from Biomass Combustion Facilities (Alberta)
*Electricity Generation From Biomass Residues (CDM)
*Run Of River Power Generation (Alberta)
*Solar Power Generation (Alberta)
*Wind Power Generation (Alberta)
*Introduction Of A New Primary District Heating System (CDM)
*Grid Connected Electricity Generation From Renewable Sources (CDM)

Transportation
*For Gravel And Lightly Surfaced Road Re-Surfacing Projects (Alberta)
*For Freight Modal Shifting (Alberta)

Waste
*Recovery & Utilization Of Gas From Oil Wells That Would Otherwise Be Flared (CDM)
*Non-Incineration Thermal Waste Management (Alberta)

Other
*Biofuels Productions And Usage (Alberta)
*Catalytic Reductions Ofn2o Inside The Ammonia Burner Of Nitric Acid Plants (CDM)

BC launches Standard Offer Program for clean power projects between 0.05 and 10MW

Posted by Andrew Lord

BC continues to deliver on the BC Energy Plan: A Vision for Clean Energy Leadership. On April 11, BC Hydro launched a Standard Offer Program (the "BC SOP"). The BC SOP is intended to complement BC's traditional power tender process by giving smaller developers a streamlined way to sell power to BC Hydro.

The BC SOP sets out several eligibility requirements, including but not limited to the following:

  • The project must be located in BC;
  • It must have a nameplate capacity between 0.05 and 10 MW;
  • The energy generated by the project must be clean, renewable or high efficiency co-generation;
  • Only proven generation technologies are eligible (but nuclear is excluded). Proven generation technologies must meet specific criteria in the SOP Rules, particularly that the technology has been used in at least three plants, each for at least three years, to a standard of reliability generally required by Good Utility Practice (as defined in the Standard Form Electricity Purchase Agreement);
  • All prescribed permits must be obtained before an application is submitted;
  • The developer must have rights to use the proposed project site and that site must be appropriately zoned; and
  • The project must also be able to interconnect to the grid. However, a formal interconnection study is not required until the project has been pre-screened by BC Hydro.

For developers, a key feature of the BC SOP is that BC Hydro will enter into a long term power purchase agreement. The proposed Standard Form Electricity Purchase Agreement gives developers the option of selecting a term of anywhere from 20 to 40 years (in whole years).

The pricing mechanism in the BC SOP is significantly different from that in Ontario's Standard Offer Program. In Ontario, the price per kilowatt hour depends on the type of generation technology used. For example, wind power fetches $0.11/kWh whereas photovoltaic power commands $0.42/kWh. Under BC's program, the price will not vary by generating technology. Instead, the price will be based on the following:

  1. A base price that will depend on where in the province the power will be delivered to BC Hydro. The base prices listed in the SOP Rules currently range from $0.06994/kWh in Peace Region to $0.08423/kWh on Vancouver Island;

  2. A CPI escalation of the base price up to the year when the Electricity Purchase Agreement is signed;

  3. A time of day and month price adjustment. The adjustments currently range from a factor of 126% for Heavy Load Hours in February to 72% for Light Load Hours in July; and

  4. The price of Environmental Attributes (if applicable). Currently, that price is set at $0.0310/kWh (to be CPI-adjusted) for any project that receives an Environmental Certification and delivers power to BC Hydro. The adjustment in point (3) will not be applied to the price of Environmental Attributes.

The price paid for Environmental Attributes reflects the fact that the Standard Form Electricity Purchase Agreement provides that the developer must assign all rights to Environmental Attributes to BC Hydro. This provision means that developers cannot sell the Environmental Attributes to other market players as part of voluntary carbon offsets, BC Emissions Reductions Units (under BC's proposed cap-and-trade law), renewable energy certificates (RECs), or other instruments that are based on Environmental Attributes. The provision may therefore limit a developer's flexibility in obtaining carbon financing for their project. However, the approval process under the BC Standard Offer Program provides developers with an opportunity to request changes to the Standard Form Electricity Purchase Agreement. Some developers may attempt to negotiate out of the Environmental Attributes assignment clause.

The SOP also provides for some cost-sharing. The developer is responsible for certain interconnection costs while BC Hydro will bear the costs of certain network upgrades.

For more information about the BC SOP, refer to the Standing Offer Program Rules and the Standard Form Electricity Purchase Agreement.

Greenhouse gases are the new dolphins: trade wars brew over GHG regulations

Submitted by Andrew Lord

Reuters News reports that the European Commission is debating whether to implement a carbon tariff on imports from countries that have taken insufficient steps to tackle their greenhouse gas emissions. Reminiscent of GATT/WTO disputes over US environmental policies in the 1990s, a carbon tariff would almost certainly trigger trade disputes on the basis that the EU was attempting to impose extraterritorial environmental laws.

Europe continues to lead the world by unilaterally setting mandatory emissions reductions targets for its Members. While other countries like Canada dither on a way to price carbon, the EU's ETS cap-and-trade system rolls into its second phase this year. As discussed in an earlier posting, the EU has adjusted the allocations in Phase II to ensure that the market for EUAs is strong from 2008-2012. Assuming that EU Members will continue to pay a meaningful price for their emissions, a carbon tariff on imports would help level the playing field with companies in countries that have yet to put a price on carbon. The tariff could take the form of a requirement that importers buy EUAs.

Previous environmental disputes under the GATT and WTO trade regimes have demonstrated that countries do not respond kindly to such measures. The "tuna-dolphin" and "shrimp-turtle" cases in the 1990s concerned efforts by the United States to impose its environmental standards for catching tuna and shrimp on foreign fisherman by restricting imports of products caught in ways that killed dolphin and sea turtles. The exporting nations objected on the basis that the US's trade measures were a disguised extraterritorial application of domestic environmental law. The trade panel decided against the US in both cases (although those decisions were never formally adopted). It is therefore likely that a nation subjected to an EU carbon tariff could mount a case before the WTO.

An article in IDEAcarbon on January 4, 2008 (available by subscription only) points out that tariffs are not the only means of addressing the competitive distortion produced by asymmetrical international emissions regulations. In setting allocations for Phase II of the EU ETS, some nations are doling out more allowances to industries that must compete globally than to those that focus on the domestic market. For example, the UK caps for the cement and steel sectors will be close to business-as-usual, while the cap for domestic power producers will be over 30% below business-as-usual.