Wind Power Never Became Competitive! It’s on the way OUT!!!

Why It’s The End Of The Line For Wind Power

English: Bar graph of the wind power generatio...

It’s the end of the world as we know it. That’s what the U.S. wind power industry is saying to itself these days. And they aren’t talking about some Mayan doomsday nonsense.

On Jan. 1 the federal production tax credit on wind investments expires. For the past 20 years the credit has offset about 30% of the cost of building wind turbines. Add to that the “renewable portfolio standards” for green energy mandated by 29 states, and as a result we’ve seen wind farms spring up across the country. Since 2007 nearly 40% of all the new electricity capacity built in this country has been wind. Wind now generates roughly 3.5% of U.S. electricity.

 Don’t expect wind’s share to climb beyond that level any time soon. The end of the tax credit could very well mean the end of the wind industry.

According to the federal Energy Information Administration, the “levelized cost” of new wind power (including capital and operating costs) is 8.2 cents per kWh. Advanced clean-coal plants cost about 11 cents per kWh, the same as nuclear. But advanced natural gas-burning plants come in at just 6.3 cents per kWh.

But it could be getting a lot worse for wind. A fascinating new report by George Taylor and Tom Tanton at the American Tradition Institute called “The Hidden Costs of Wind Electricity” asserts that the cost of wind power is significantly understated by the EIA’s numbers. In fact, says Taylor, generating electricity from wind costs triple what it does from natural gas.

That’s because the numbers from the EIA and wind boosters fail to take into account a host of infrastructure and transmission costs.

First off — the windiest places are more often far away from where electricity is needed most, so the costs of building transmission lines is high. So far many wind projects have been able to patch into existing grid interconnections. But, says Taylor, those opportunities are shrinking, and material expansion of wind would require big power line investments.

Second, the wind doesn’t blow all the time, so power utilities have found that in order to balance out the variable load from wind they have to invest in keeping fossil-fuel-burning plants on standby. When those plants are not running at full capacity they are not as efficient. Most calculations of the cost of wind power do not take into account the costs per kWh of keeping fossil plants on standby or running at reduced loads. But they should, because it is a real cost of adding clean, green, wind power to the grid.

Taylor has crunched the numbers and determined that these elements mean the true cost of wind power is more like double the advertised numbers.

He explains that he started with 8.2 cents per kWh, reflecting total installation costs of $2,000 per kw of capacity. Then backed out an assumed 30-year lifespan for the turbines (optimistic), which increases the cost to 9.3 cents per kwh. Then after backing out the effect of subsidies allowing accelerted depreciation for wind investments you get 10.1 cents. Next, add the costs of keeping gas-fired plants available, but running at reduced capacity, to balance the variable performance of wind — 1.7 cents. Extra fuel for those plants adds another 0.6 cents. Finally, tack on 2.7 cents for new transmission line investments needed to get new wind power to market. The whole shebang adds up to 15 cents per kwh.

Ouch.

As Taylor figures it, natural gas would need to cost upwards of $20 per mmBTU before gas-fired power would cost as much as wind.

Granted, the American Tradition Institute is a right-wing nonprofit that in the past has railed against climate scientists and sought to discredit Global Warming fear mongering. That doesn’t mean Taylor’s calculations are wrong, just that everyone on the pro-wind side ought to read the report and chime in with their critiques.

The American Wind Energy Association says that the wind sector employs 37,000 and boasts 500 factories building components. Even with new anti-dumping tariffs on Chinese makers of wind turbines, the AWEA says that if Congress fails to extend the production tax credit for wind, many of those jobs could be eliminated and factories closed in early 2013. That’s how important these tax credits are to wind’s viability.

Taylor and Tanton figure that at the current price of natural gas, and before counting any subsidies or transmission costs, ratepayers are paying about $8.5 billion more this year for electricity from wind than they would have paid if it were gas-fired power. That amount doesn’t even include the cost of the direct federal subsidies.

What’s more, ratepayers will have to shoulder that cost for as long as the turbines are in operation. That’s $8.5 billion a year that ratepayers are forking over to subsidize a less efficient, more expensive technology; $8.5 billion that could otherwise be invested in natural gas electricity, or better yet, nuclear.

Just think, in South Carolina, power company Scana and its partners are investing about $11 billion to construct two 1,100 mw nuclear reactors on roughly 1,000 acres. To get the same amount of electricity out of wind (remember that turbines operate at an average of less than 50% capacity because of wind’s intermittancy) and you’d need more than 1,700 turbines stretched across 200,000 acres, for an upfront investment of $8.8 billion. The nukes might cost more upfront, but they last longer, they provide reliable base load power and they emit zero carbon.

The wind lobby has proposed that congress extend the tax credits, then gradually phase them out over 6 years. This could happen, but the plan has its antagonists. Senator Lamar Alexander (R.-TN) said in a floor speech last week: “This government in Washington, D.C. is borrowing 42 cents out of every dollar we spend. That is why I come to the floor to point out a proposal that has been made to fleece the taxpayers out of an additional $50 billion over the next 6 years. This is a proposal that is as brazen as a mid-day bank robbery on Main Street. It is a proposal by the wind developers of America to say to the taxpayers: ‘Please give us $50 billion or so more dollars over the next 6 years to phase out the federal taxpayer subsidy for wind power.’”

Natural gas power plants do not require any kind of taxpayer subsidies. Gas is plentiful, and it’s far “greener” than the coal-burning plants that are being phased out every day. Wind has a place in the generation mix, and if consumers are willing to pay through the nose for 100% wind power, then they should be free to do so. But it’s hard to justify wasting more taxpayer dollars propping up a technology that has had more than a decade to establish itself and yet still can’t stand on its own.

High Energy Costs Destroying Ontario’s Economic Growth

ONTARIO’S GREEN ENERGY ACT LIMITS ECONOMIC

GROWTH THROUGH RISING ENERGY COSTS

Policies that raise energy costs limit economic growth

Ross McKitrick — Fraser Institute — May 15, 2014

TORONTO—Limiting the availability and raising the cost of energy can hurt Canada’s overall economy and weaken future growth, finds a new study released today by the Fraser Institute, an independent, non-partisan Canadian public policy think-tank.

The study, Energy Abundance and Economic Growth, examines the long-term relationship between economic growth, energy availability and energy consumption with evidence from Canada and around the world.

“Energy use and economic output grow together over time, and the evidence shows that if you limit energy use you damage future economic growth prospects,” said Ross McKitrick, study co-author, Fraser Institute senior fellow, and economics professor at the University of Guelph.

Since 1980, notes the study, Canada’s energy use grew by about 50 per cent while Canada’s Gross Domestic Product (GDP) doubled. During that same period, global energy use almost doubled while global economic output increased six-fold. Evidence from around the world indicates that energy use triggers growth and is not simply a by-product of growth.

So what does this mean for policy-makers?

Because the best available evidence suggests that promoting energy abundance helps sustain strong economic growth, policies that deliberately increase energy costs will likely have negative economic consequences now and in the future.

“It’s obvious—energy drives economic growth. Yet policy-makers across Canada continue to treat energy consumption as a bad thing, and act as though cutting energy use is an end in itself. They need to understand the long-term costs of this thinking,” McKitrick said.

For example, policies that increase energy costs or limit its availability (i.e. renewable energy mandates or the required use of biofuels such as ethanol or biodiesel) diminish competitiveness, reduce rates of return on investment, and reduce economic growth. Moreover, conservation mandates and strict appliance standards (i.e. water heaters, refrigerators) often have no conceivable environmental benefit but are justified simply because they cut energy use.

“The Ontario government, for instance, claims that the Green Energy Act, which increases energy costs, thereby making it less abundant, is part of the province’s economic growth strategy. The evidence points in the opposite direction—the Act will limit future economic growth,” McKitrick said.

saving money

More Liberal Lies….by Kathleen Wynne!

Liberals have learned from their mistakes: Wynne

By Patrick Bales

Ontario premier Kathleen Wynne gives her prepared remarks during a campaign stop in Walkerton, Ont., on Thursday, May 15, 2014.

Ontario premier Kathleen Wynne gives her prepared remarks during a campaign stop in Walkerton, Ont., on Thursday, May 15, 2014.

Premier Kathleen Wynne may have been in Walkerton Thursday morning to announce her party’s support for the Walkerton Clean Water Centre, but inevitably she was asked about the contentious issues of wind turbines.

Wynne said the wind turbine placement process has improved since she took office.

“There needed to be a change in the way those wind turbines were sited,” she said. “I believe that it’s very important that communities have more input.”

Wynne noted since she was elected Liberal leader, there have been changes regarding the way turbine contracts are finalized.

“Communities must opportunity to have a say and have much more buy-in,” she said.

She also expressed regret for the way the Green Energy Act was implemented.

“If I could roll back the clock and we could have a better process from the beginning, I would do that,” Wynne said. “But I can’t do that. All I can is make sure that, going forward, we have a much better process in place and that communities are consulted.”

Wynne was in Walkerton at the 14th anniversary of the Walkerton E. coli outbreak.

Some opponents of Brockton’s involvement in the Nuclear Waste Management Organization’s deep geological repository process have raised the spectre of another public health crisis if the municipality is selected.

While nuclear waste management is a federal jurisdiction, Wynne said she believes the same principles of community buy-in apply.

“The issues around nuclear waste . . . they need to be, again, done in consultation with communities and with all the safety precautions in place,” Wynne said.

“It’s another example of us . . . (needing to) consider all the consequences and work with the communities to make the best decisions possible.”

On the subject of nuclear, Wynne also took time to praise Bruce Power.

“We’re in a riding with an exemplary nuclear facility,” she said. “The Bruce workers have demonstrated over and over again what a fine organization they are.”

Speaking from prepared notes, Wynne said the promise by Progressive Conservative Leader Tim Hudak to cut 100,000 public sector jobs would be more than double than the government jobs eliminated under the Mike Harris government in the 1990s.

The comparison of Hudak to Harris is similar to the ties drawn by her opponents to former premier Dalton McGuinty`s administration.

“I have been taking responsibility for a government I was part of and I have made changes based on decisions I believe were not the right decisions,” Wynne said. “If you talk about the siting of . . . gas plants or wind turbines, we have changed the rules based on lessons I have taken, my government has taken, from decisions that were made by the previous government.

“We have to learn lessons and governments have to make changes based on those lessons,” Wynne said.​

 

Donald Trump Knows Not to Invest In Wind Turbines or Areas Infested with them!

Donald Trump vows investment if turbines scrapped

Donald Trump said he will make no further investment unless nearby wind turnbines are scrapped. Picture: PA

Donald Trump said he will make no further investment unless nearby wind turnbines are scrapped. Picture: PA

  • by JON HEBDITCH
 BILLIONAIRE tycoon Donald Trump made a flying visit to his Aberdeenshire golf course, but vowed not to invest any more money in it until a controversial turbine project was scrapped.

 

Trump, 67, said he was willing to restart work at the £750 million Menie Estate course if Aberdeen City Council chiefs “took the windfarm off the table”.

The US businessman touched down at Aberdeen International Airport yesterday morning before heading off to the links at the Menie Estate in the afternoon.

He was due to fly out to Dubai later to oversee another of his golf projects.

Trump has objected to the proposed 11-turbine development off Aberdeen Bay since it was first put forward in August last year, saying it will ruin the view for people playing on the Aberdeenshire course.

He axed plans for a luxury hotel and a second course at Menie Estate and vowed to never invest in the course again after the Scottish Government rejected his appeal against the turbine plan in February. His legal team are planning a fresh appeal.

He arrived in Ayrshire earlier this week to visit the £35.7 million Turnberry course he purchased last month.

But he said he stands by his decision not to invest any more in his resort at Menie Estate, near Balmedie, unless he wins his wind-turbine fight.

He said: “We far exceeded the promise we made to Scotland.

“We have delivered a very special golf course. People all over the world are talking about it and we are getting record bookings.

“I look forward to continuing the development – as soon as that windfarm is taken off the table.”

Vattenfall, the 75% stakeholder in the windfarm project, is looking to sell its share and Aberdeen Renewable Energy Group, which holds the remaining stake, last month handed over the running of the project to Aberdeen City Council.

Trump also plans to invest up to #36million in a golf course he has bought in the west of Ireland.

He visited Doonbeg Links, in Co Clare, before travelling to Turnberry.

The American tycoon said yesterday he was “sad” to see Scotland, where his mother was born, being “destroyed”.

He said: “Scotland is a beautiful country, but it has a death wish. Wind turbines are destroying the country.

“The council in Aberdeen should do its people a great favour and abandon this scheme, which is doomed to lose money.”

Wind Turbines are Destroying Scottish Seabirds!

‘Protect Scottish seabirds from deadly wind farms’

The RSPB said species such as the puffin, kittiwake and gannet are increasingly at risk from off-shore wind farms. Picture: Jane Barlow

The RSPB said species such as the puffin, kittiwake and gannet are increasingly at risk from off-shore wind farms. Picture: Jane Barlow

  • by ILONA AMOS
 Key marine sites must be protected immediately in a bid to stop iconic seabirds vanishing from Scotland, according to a leading conservation charity.

Scotland is home to 24 internationally important seabird species. But the latest official figures show at least nine have been in steep decline for the past 18 years.

Now a new report from RSPB Scotland is calling for the Scottish Government to set out seven new Special Protection Areas (SPAs) to safeguard food supplies for threatened birds and reduce the impacts of offshore wind farms.

As the seas are increasingly being utilised for renewable energy developments, conservationists say guidance on sensitive areas is urgently needed to address a “fundamental lack of protection” for species such as the puffin and great skua.

The RSPB is also warning that the Scottish and UK governments risk failing to meet obligations under Scottish and European laws if “urgent action” is not taken to encourage their 
survival.

Stuart Housden, director of RSPB Scotland, said: “Scotland has a fantastic opportunity to show the world that we value our wildlife and natural environment.

“Unfortunately, this is not the case when it comes to our iconic seabirds, species for which Scotland in particular has a special responsibility to protect.”

He said the seven areas are just “a first step” in creating a full network needed to satisfy the requirements of EU and Scottish legislation.

“With numerous proposed wind farm developments ‘queuing up’ in the areas that overlap key feeding sites for birds, we cannot wait any longer,” he added.

The most dramatic declines have hit the arctic skua, arctic tern and black-legged kittiwake, which have seen numbers plummet by as much as 80 per cent in recent years. Experts fear the arctic skua may disappear from the UK within a decade.

Other species of concern include the northern gannet, European shag, common guillemot and European storm petrel.

Evidence shows changes in oceanography are affecting the food “web”, causing a scarcity of prey that impacts on breeding success.

But the survival of vulnerable populations can also be threatened by badly sited marine renewable schemes and invasive alien species, according to the report.

It suggests setting out protected areas at sea can boost their chances of survival.

The recommended areas were first identified in 2012 by the government’s statutory advisors, the Joint Nature Conservation Committee, and are considered vital feeding areas used by many tens of thousands of Scotland’s four million seabirds.

The government has already laid down 33 SPA colony extension sites, but experts say most of the critical areas where breeding species feed at sea remain unprotected.

The report recommends the SPAs should include colony extensions and offshore feeding areas, as both are essential for the birds to thrive.

“Without protection of these areas, breeding colonies designated as terrestrial SPAs and Sites for Special Scientific Interest risk being little more than safe places to starve, and leave seabirds unprotected through the majority of their lifecycle,” the report states.

But a spokesman insisted the Scottish Government is committed to safeguarding the nation’s seabirds.

He said: “We are confident that completion of marine SPA designations will deliver adequate site protection for seabirds.

“We recently consulted on 33 Nature Conservation Marine Protected Areas (MPA) proposals, which will provide valuable protection for our marine environment, including seabirds, in 2013.

“Six of these would include national protection for black guillemot in the marine environment, while several of the other MPA proposals include protection for habitats or species such as sand eels that support seabirds.”

The initial SPAs include sandbanks off the Firth of Forth, an area of the Pentland Firth and the sea north of St Kilda, but RSPB Scotland is set to propose further sites in coming months.

Final decisions on the MPA proposals are expected later this year.

Dangerous Wind Turbines Were a “Bust”, from the Get-go!

Council blew cash on wind turbines that don’t work

editorial image

editorial imagewind turbines built in the grounds of a school are now to be dismantled – after allegedly generating just £3.67 worth of electricity in NINE years.

Milton Keynes Council paid £170,000 for the giant turbines at Oakgrove School at Middleton .

But shortly after the school opened in 2005, the structures were switched off for health and safety reasons due to a manufacturing defect.

A source told the Citizen: “It all seems to be an extraordinary waste of money. None of it is the fault of the school itself – they’ve just been stuck with these huge things that have proved useless.”

The turbines were provided by a German company which has since gone into liquidation, leaving the council unable to get compensation.

But this week there was finally a sunny outcome to the sad saga. The council has negotiated with another contractor to remove the turbines for free and replace them with solar panels.

A council spokesman said: “These wind turbines were the subject of a nationwide recall and the school was advised by the Health and Safety Executive to turn them off and keep them switched off.”

He said the turbines would be removed during the summer holidays.

He added: “Obviously Oakgrove has very high eco-credentials so this is not an ideal solution but the removal is at nil cost to either the council or the school.”

Even the Aussies Know, That Hudak is the Way to GO!!!! Yaaayyyy!!!!

Ontario’s Progressive Conservative’s Leader Tim Hudak – Didn’t Drink the Kool-Aid

Jim Jones

Jim Jones was a charismatic cult leader with a colourful past who – amid allegations that he’d been physically, emotionally, and sexually abusing his acolytes at his San Francisco compound – fled the US and set up a new camp at “Jonestown”, Guyana. Close to 1,000 of his “disciples” followed him South – lured by socialist utopian promises of a “new dawn” for all those who believed in him – putting the “blind” into “blind faith”.

Jones’s cult status started early – his mum, Lynetta claimed that she’d given birth to the Messiah. He was an avid Communist and fancied himself a preacher in the league of his heroes, Billy Graham and Oral Roberts. Jones never lacked self-belief – telling worshipers he was the reincarnation of Mahatma Gandhi; as well as Jesus of Nazareth, Gotama Buddha and Vladimir Lenin: a lineup of alter-egos that most preachers would find hard to top.

In November 1978, Jim Jones encouraged his faithful band of followers to gulp down gallons of sickly-sweet, grape-flavoured Kool-Aid. Problem was, it was cordial with a “kick” – 910 of his devoted followers (including 303 children) perished from cyanide poisoning. Oops! So much for “blind faith”.

Since then, “drinking the Kool-Aid” has been a figure of speech used by Americans to cover any person or group holding an unquestioned belief, argument, or philosophy without critical examination; and also covers anyone knowingly going along with a doomed or dangerous idea because of peer pressure. Hmm, sound strangely familiar?

Well, around the globe many of our political betters have already “drunk the Kool-Aid”.

Lured by ridiculous promises of “free” energy and tens of thousands of wonderful, new “green” jobs, politicians of all hues have willingly entered economic suicide pacts – by signing up to completely unsustainable wind power policies – in Spain, Germany, the UK, the US, Australia and Canada, to name a few.

In Canada, however, there is at least one politician who obviously didn’t drink the Kool-Aid.

Tim Hudak heads up the Progressive Conservative party – which, unlike Premier Kathleen Wynne’s Liberals – has made the obvious connection between Ontario’s giant fan roll-out and spiralling power prices.

tim-hudak

Hudak has also rumbled the fact that – not only did Ontario’s wind rush fail to produce the promised “green” employment bonanza – but that the wind-power-driven escalation in power costs has killed thousands of jobs in the real economy.

Wynne’s Liberals were early Kool-Aid consumers – committing Ontario to fork out for wind power subsidies, which are among the most ludicrously generous on earth.

In the lead up to Ontario’s upcoming election Hudak is going head-to-head with Wynne and has slammed the economy-killing energy policies dreamed up by her Liberals.

Hudak is all set to take the axe to wind power subsidies – in an effort to bring spiralling power prices under control and to return Ontario to a position of economic competitiveness.

Here’s the Toronto Sun on Hudak’s plan to restore some economic sanity to Ontario’s energy policy.

Hudak will end wind, solar fiasco
Toronto Sun
13 May 2014

It’s amazing only one leader in the Ontario election campaign – the Progressive Conservative’s Tim Hudak – has promised to end the subsidization of inefficient, unreliable and expensive wind and solar power.

This is an obvious way to save taxpayers and hydro ratepayers billions of dollars in future costs.

Premier Kathleen Wynne can’t make that promise because to do so would be to admit the Liberals’ naive infatuation with green energy has been a financial disaster, as the non-partisan Auditor General of Ontario concluded in 2011.

The auditor general said the Liberals blundered into green energy with no business plan and no economic research, ignoring the advice of their own experts and costing taxpayers and electricity consumers billions of added dollars on their hydro bills for decades to come.

The auditor general not only found Liberal claims their Green Energy Act would create 50,000 jobs between 2009 and 2012 were nonsense, but that experience around the world has shown so-called green energy destroys more jobs than it creates because it inevitably leads to higher electricity prices.

As for NDP leader Andrea Horwath – who says she’ll rescind in 2016 the Liberals’ 2010 decision to add the 8% provincial sales tax to hydro bills – she propped up the Liberals as they were signing more and more wind and solar deals, literally throwing more and more public money down a black hole.

Incredibly, Wynne is promising to keep doing this if she’s elected, which is utter madness.

Hudak is the only leader of the three major parties telling the truth, noting he can’t break existing contracts the Liberals have already signed with wind and solar energy developers.

But he can stop throwing good money after bad.

Hudak is also promising to return local autonomy to municipalities so they can decide if they want wind turbines and solar panels in their communities, instead of having them rammed down their throats by the Liberals through their dictatorial Green Energy Act.

As for Liberals’ claim they replaced coal power with wind, it’s utter nonsense.

The Liberals replaced coal with nuclear power and natural gas.

Wind and solar are just another multi-billion-dollar Liberal boondoggle, to go along with their eHealth, Ornge and cancelled gas plants scandals and financial disasters.
Toronto Sun

Energy policy based on nothing more than “blind faith” was always bound to end in tears; as the Toronto Sun’s editor put it in the piece above:

[T]he Liberals blundered into green energy with no business plan and no economic research, ignoring the advice of their own experts and costing taxpayers and electricity consumers billions …

Australians needn’t consider themselves any smarter than the Canadians, on that score.

Our Federal Government signed us up to the mandatory Renewable Energy Target in 2001 without any economic research – let alone a proper cost/benefit analysis of a policy which perversely favours insanely expensive, intermittent and unreliable wind power. That process will be undertaken for the very first time in 2014 – as part of the RET Review. Better late than never, as they say.

Fortune has, however, smiled on Australia – it is, after all, the “Lucky Country” – because the RET Review panel is made up of people who clearly didn’t drink the Kool-Aid (see our posts here and here).

From what we hear emanating from Canberra, STT predicts the imminent demise of Australia’s now beleaguered, bitter and angry Wind Power Cult – and a return to energy market sanity in the very near future.

remember-jonestown-small-jpg

 

 

YES! Tim Hudak CAN save the Day!!!!

Killing green energy contracts

 

Done the right way, a new PC government could indeed rip up green energy contracts with no liability. Should they?

Brent Lewin/BloombergDone the right way, a new PC government could indeed rip up green energy contracts with no liability. Should they

Hudak’s Ontario Conservatives can easily and legally negate the giveaways the Liberals had lavished on renewables developers

Tim Hudak says the Ontario Conservatives, if elected, will cancel lucrative wind and solar contracts put in place under the Liberals’ green energy program. Can he do so without racking up huge compensation costs?

The answer is yes – if he does it the right way.

The wrong way is to direct the Ontario Power Authority to simply terminate existing contracts, which have robust compensation clauses. The liabilities would dwarf the $1.1-billion paid out by the Liberals for cancelled gas plants.

The right way is to legislate: to enact a statute that declares green contracts to be null and void, and the province to be free from liability. The compensation clauses in the contract will be rendered inoperative if the statute says so.

Statutes can override iron-clad provisions in a contract because that is the nature of legislative supremacy: Legislatures can pass laws of any kind, as long as they are within their jurisdiction and do not offend the constitution. Legislating on electricity production is clearly a provincial power, as are “property and civil rights.”

Since the Canadian constitution does not guarantee property or contract rights, there are no obvious constitutional limitations on a provincial legislature’s ability to change any contract as it likes. Unlike the U.S. Constitution, in Canada there is no constitutional right to compensation for property expropriated by government.

Courts interpret ambiguous statutes as implicitly requiring compensation be paid to the owner of expropriated property. But if the statute is clear that no compensation shall be paid, the words of the statute govern. Where a statute and a contract are in conflict, the statute prevails. Although unilateral and retroactive changes to established contracts might seem to offend the rule of law, the Supreme Court of Canada has said that prospectivity is not a constitutional requirement for legislation.

What about NAFTA? Could a U.S. or Mexican firm with a cancelled green energy contract in Ontario seek compensation for discriminatory expropriation under Chapter 11? If government action singled out a specific party’s contract for termination, it could well be characterized as discriminatory. But if Hudak’s statute cancelled large numbers of contracts for a public policy objective and treated domestic and foreign firms similarly, then NAFTA protections are unlikely to apply.

So, done the right way, a new PC government could indeed rip up green energy contracts with no liability. Should they? While legislatures can cancel contracts, they rarely do so because it penalizes parties who have done business with government, and therefore creates a disincentive to do so in the future. It erodes economic confidence and credibility. For Conservatives and their supporters, cancelling energy contracts may depend on what they find more offensive: Rich subsidies for the production of solar and wind energy, or unilateral changes to valid contracts. No renewable energy contracts have been cancelled in Ontario yet, but in Europe this line has been crossed: Spain, France, Italy and Belgium have all stepped back from their original terms for the production and purchase of renewable power, to the detriment of their domestic renewable energy industries.

The McGuinty Liberals did not pass a statute to escape the bill for cancelled gas plants. It is difficult to know why without all the facts. Perhaps they thought $1.1-billion in costs and erased records would not come to light. Perhaps they feared that legislation would have required disclosure of facts they wanted hidden. Perhaps refusing to pay compensation would have crippled their ability to enter into future contracts with the same or similar companies. Perhaps there were foreign firms involved that could, in fact, have claimed under NAFTA for discriminatory expropriation. Perhaps they judged the political and economic costs to be too high – it is one thing to roll back a program created by a previous government, especially if you have campaigned on the issue, and quite another for a long-standing government to arbitrarily cancel its own contracts. Or perhaps they did not have an opportunity until after they lost their majority, which made it politically untenable.

Contracts are safe when both parties are bound in law to follow them. Contracting with government means that one party has the power to change the rules after the contract is made. Buyers and sellers beware: At the end of the day, the protection in a government contract is not legal but political.

Bruce Pardy is a law professor at Queen’s University.

Wynne Tries to Say she Knew Nothing. No One Could be that Oblivious!!

Gas plant scandal needs accountability

BOB RUNCIMAN, GUEST COLUMNIST

The question now becomes, what consequences will she and her party face?

Political, without question, but there’s a case to be made for legal ramifications to flow from this fiasco.

Wynne has played the innocent card to the hilt, making the unlikely claim that as co-chair of the Liberal election campaign, she was in the dark on the decision to cancel both the Mississauga and Oakville plants. It’s called the doctrine of plausible deniability. Do what you have to do, just don’t tell me.

And since assuming the government’s top job, she has again professed ignorance of any knowledge regarding the real cost to taxpayers of the cancellation decisions. Other than admitting the cancellation was a political decision, she has studiously avoided answering questions in the legislature dealing with the scandal.

In trying to keep as far away as possible from the stench of Liberal corruption, she has tossed most of the tough questions from the Opposition to Government House Leader John Milloy and Energy Minister Bob Chiarelli.

The release of the auditor general’s report confirmed that Wynne, her cabinet and the previous Dalton McGuinty regime deliberately misled Ontarians on the real costs of the cancellation decision.

The auditor general’s report further confirms the gas plant scandal is more than the Liberals misleading Ontarians about the true cost of their politically motivated decision. In truth, it’s a breach of public trust by various political officials, including Wynne, Chris Bentley, McGuinty and others who put their political interest ahead of the public interest they were obliged to serve.

What’s needed now is real accountability.

During a recent question period in the Legislature, PC MPP Frank Klees asked Wynne if the Liberal party would repay Ontario taxpayers the $275 million cost of their political decision in Mississauga. The Liberals, not surprisingly, refused to answer.

So what can be done?

One possibility could be a class-action civil lawsuit against the Liberal Party of Ontario for unlawfully increasing costs to taxpayers.

Another would be one or both of the opposition parties asking police to conduct a criminal investigation, under Section 122 of the Criminal Code, of the ministers, political staffers and other officials on the public payroll who put politics ahead of the public trust.

The section says that “Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years…”

Is it far-fetched to consider a criminal investigation in this case?

Hardly.

Government employees have been investigated under Section 122 for far less serious conduct — things such as leaking a confidential report.

Beyond those legal remedies, real accountability will come when the voters of Ontario are empowered to render their decision on whether Wynne and her Liberal cronies are fit to hold office.

That means an election and, hopefully, the NDP will stop providing cover for the McWynne-ty government, and instead join the Ontario PCs to remove these people from office. One thing is for sure, we’ll all be watching.

— Senator Runciman is a former Progressive Conservative MPP and cabinet minister