MOE Changes it’s Mind: Adelaide under GEA now
Within a week, the Ministry of the Environment did a switcharoo… now The Adelaide Wind Project will fall under the Green Energy Act. The reasoning is that TCI does not have a purchase agreement with the OPA yet, and that is now a requirement under the GEA (but it wasn’t in the proposed regulations). This was a little bizarre, because you can’t help wonder why they would issue an approval several days before they announce the GEA regulations, and then the day after the GEA announcement write a letter saying the project doesn’t comply. Why bother with the approval in the first place? We all filed an appeal anyway… as it was due a couple days later. I just considered it a long letter of warning to the MOE.
Here’s the letter from last week:
September 25th, 2009
Thank you for your July 9, 2009 e-mail to the director of the Environmental Assessment and Approvals Branch (EAAB) of the Ministry of the Environment, concerning Air Energy TCI’s Inc.’s (AET) proposed Adelaide Wind Farm (Project), in Township of Adelaide Metcalfe.
The Renewable Energy provisions of the Environmental Protection Act were proclaimed into force on September 24, 2009. At that time regulations made under the Environmental Bill of Rights, 1993, the Environmental Assessment Act and the Environmental Protection Act also came into force. The new Renewable Protection Act outlines new requirements for renewable energy projects.
These regulations contain transition provisions for renewable energy projects, including wind facilities that have reached certain stages of the Environmental Screening Process in accordance with the Electricity Projects Regulation (O.Reg. 116) prior to the in force date of September 24, 2009.
Proponents of wind facilities, such as AET that have issued a Notice of completion and have not entered into a power purchase agreement with the Ontario Power Authority (including projects that are currently in the elevation review process) are required to comply with the requirements prescribed in the new Renewable Energy Approval Regulation, and the requirements under O. Reg. 116 no longer apply.
Therefore, the requirements under O. Reg. 116 no longer apply and AET is required to comply with the requirements prescribed in the New Energy Approval Regulation.
For further details please refer to the MOE’s Renewable Energy Approval web site at: www.ene.gov.on.ca/en/business/green-energy.
Manager, Client Services
Environmental Assessment and Approvals Branch