Churchill Falls Generating Station#Legal challenge and controversy
{{short description|Hydroelectric power station in Labrador, Canada}}
{{Infobox dam
| name = Churchill Falls Generating Station
| image = Churchill Falls GS-1.jpg
| image_caption =
| name_official =
| dam_crosses = Churchill River
| location = Newfoundland and Labrador,
Canada
| dam_type = 88 rock-filled dikes
| dam_length = {{Convert|64|km|mi|abbr=on}}
| dam_height =
| plant_hydraulic_head = {{Convert|312.4|m|ft|abbr=on}}
| dam_width_base =
| dam_width_crest =
| dam_volume = {{Convert|2200000|m3|yd3|abbr=on}}
| spillway_type =
| spillway_capacity =
| construction_began = 1967
| opening = 1974
| cost = 946 million CAD
| owner = CF(L)Co
| res_name = Smallwood Reservoir
Ossokmanuan Reservoir
| res_capacity_total = {{Convert|32.64|km3|ft3|abbr=on}}
| res_catchment = {{Convert|71750|km2|mi2|-1|abbr=on}}
| res_surface = {{Convert|6988|km2|mi2|0|abbr=on}}
| res_max_depth =
| plant_operator = CF(L)Co
| plant_turbines = 11
| plant_capacity = 5,428 MW
| plant_annual_gen = {{convert|35000|GWh|abbr=on|lk=on}}
| plant_capacity_factor= 73.6%
| plant_commission = 1971-74
| plant_decommission =
| location_map = Canada Newfoundland and Labrador
| location_map_caption =
| coordinates = {{coord|53|31|43.45|N|63|57|57.15|W|region:CA-NL_type:landmark|display=inline,title}}
| website = {{URL|https://nalcorenergy.com/nalcor-operations/churchill-falls/}}
| extra =
}}
The Churchill Falls Generating Station is a hydroelectric underground power station in Labrador. At 5,428 MW, it is the sixteenth largest in the world, and the second-largest in Canada, after the Robert-Bourassa generating station in northwestern Quebec.
Rather than a single large dam, the plant's reservoir is contained by 88 dykes, totalling 64 km in length. The Smallwood Reservoir has a capacity of 33 cubic kilometres in a catchment area of about 72,000 square kilometres, an area larger than the Republic of Ireland. It drops over 305 metres to the site of the plant's 11 turbines.
The plant's power house was hewn from solid granite 300 metres underground. It is about 300 metres long and as high as a 15-story building.{{Cite web|url=https://www.miningandenergy.ca/energy/article/top_10_hydroelectric_dams_in_canada/|title=Top 10 hydroelectric dams in Canada|date=27 October 2015 |publisher=Canadian Mining & Energy |access-date=2019-07-21}}
The station cost almost a billion Canadian dollars to build in 1970. Commissioned from 1971 to 1974, it is owned and operated by the Churchill Falls Labrador Corporation Limited, a joint venture between Newfoundland and Labrador Hydro (65.8%) and Hydro-Québec (34.2%). Workers at the station live in the purpose-built company town of Churchill Falls.
Toponymy
Originally called the Mishtashipu (Big River){{cite web |title=Churchill River |url=http://www.cangeoeducation.ca/resources/rivers_of_canada/churchill_river/default.asp |website=Canadian Geographic |accessdate=17 July 2019 |archive-date=1 February 2020 |archive-url=https://web.archive.org/web/20200201124628/http://www.cangeoeducation.ca/resources/rivers_of_canada/churchill_river/default.asp |url-status=dead }} by the Innu, in 1821 the river was called Hamilton by Captain William Martin of HMS Clinker, after Sir Charles Hamilton the Governor of Newfoundland from 1818 to 1823. The waterfall itself was called Grand Falls. In 1965, after the death of Winston Churchill the falls, river, town, and generating station were all renamed again.
History
=Early investigations=
File:Grand Falls, Labrador Newfoundland Stamp (1931).jpg issued a 30-cent stamp depicting the falls.]]
In 1915, Wilfred Thibaudeau surveyed the Labrador Plateau. He designed a channel scheme to divert water before it arrived at the falls. The scheme would use the natural capacity of the drainage basin, which covers over {{convert|23300|sqmi|abbr=on}}, eliminating the need for the construction of dams. The advantage of the site was the river's drop of more than 300 metres in less than 32 km, and steady supply of water. These findings were confirmed in a 1947 survey, but development did not proceed due to the remoteness of the site and the distance from markets for the power.{{cite web |last1=Green |first1=Peter |title=The History of Churchill Falls |url=https://www.ewh.ieee.org/reg/7/millennium/churchill/cf_history.html |publisher=Institute of Electrical and Electronics Engineers |access-date=17 July 2019}}
In 1954, the region was opened up by the completion of the Quebec North Shore and Labrador Railway which runs north from Sept-Îles, Quebec 575 km north through Labrador to Schefferville, Quebec. In 1963, a 225 MW generating station was built at Twin Falls to supply power to iron mining industries in western Labrador.
=Finance=
Canada is a federation where legal authority is split between the federal and provincial governments; natural resources such as lumber, petroleum, and inland waterways are under the jurisdiction of provincial, rather than the national government.{{cite web |last1=Thompson |first1=Andrew R. |title=Resource Rights |url=https://www.thecanadianencyclopedia.ca/en/article/resource-rights |website=The Canadian Encyclopedia |accessdate=19 July 2019}} Since Labrador had no internal market for the power, the Government of Newfoundland had to negotiate with neighbouring Quebec to export the energy. Controversy over the location of the international border on the Labrador Peninsula added to the difficulties of negotiating between Newfoundland and Quebec. A country at the time, Newfoundland disputed the border location with the Government of Canada. The Judicial Committee of the Privy Council in the United Kingdom ruled in favour of the Dominion of Newfoundland in 1927,{{cite journal |last1=Churchill |first1=Jason L. |title=Pragmatic Federalism: The Politics Behind the 1969 Churchill Falls Contract. |journal=Newfoundland and Labrador Studies |date=1999 |volume=15 |issue=2 |accessdate=17 July 2019|url=https://journals.lib.unb.ca/index.php/NFLDS/article/view/807/1161}} an unpopular judgment in Quebec. Member of the Legislative Assembly of Quebec Jacques Dumoulin stated that for Canada, the best judges are Canadians.{{cite web|url=http://www.assnat.qc.ca/fr/travaux-parlementaires/assemblee-nationale/22-3/introduction-historique.html?retourVersHistoire=oui|title=Introduction historique|last1=Toupin|first1=Nicholas|website=Assemblée Nationale du Québec|accessdate=19 July 2019}} The Quebec government did not accept this judgement as seen by borders on maps issued in 1939 by the Quebec Ministry of Energy and Natural Resources. Certain newspapers called for a takeover of the territory,{{cite magazine |title=Land Grab? |magazine=Time |edition=Canadian |date=22 September 1947 |page=17}}
In 1953, the British Newfoundland Development Corporation (BRINCO) was formed{{cite journal |last1=Feehan |first1=James P. |last2=Baker |first2=Melvin |title=The Renewal Clause in the Churchill Falls Contract: The Origins of a Coming Crisis |journal=Dalhousie Law Journal|date=2005 |url=http://www.ucs.mun.ca/~feehan/CF.pdf |accessdate=17 July 2019}} for the purpose of exploiting Labrador's resources. In 1958, it created a subsidiary, the Hamilton Falls (Labrador) Corporation Limited to develop the hydroelectric project.{{cite web |author1=Cleo Research Associates |title=Power Politics and Questions of Political Will: A History of Hydroelectric Development in Labrador's Churchill River Basin, 1949-2002 |publisher=Royal Commission on Renewing and Strengthening Our Place in Canada |accessdate=17 July 2019 |date=2003|url=https://www.gov.nl.ca/publicat/royalcomm/research/Churchill.pdf}} Through this subsidiary BRINCO obtained a 99 year monopoly on the sale of Labrador hydro power.
BRINCO could not get funding for the generating station without a guaranteed market for its power. In 1963, Quebec nationalized all of its hydro-electric facilities, and proposed to Newfoundland that it do the same with the Hamilton Falls project, which Premier Joey Smallwood refused. BRINCO explored alternatives to sending the electricity to neighbouring Quebec, including sending it to New Brunswick and asking for federal intervention. This proposal was known as the {{ill|Anglo-Saxon route|fr|Route anglo-saxonne}}.{{cite web |last1=Martin |first1=Melanie |title=The 1969 Contract |url=https://www.heritage.nf.ca/articles/politics/churchill-falls.php |website=Heritage Newfoundland and Labrador |access-date=2 March 2022 |date=2006 |quote=he explored the possibility of transmitting Churchill Falls power to the Maritimes and New England by the so-called Anglo-Saxon route.}}
But the only practical solution was to negotiate an agreement with Quebec. By 1969, after 16 years of attempts to finance the project, BRINCO was in dire financial straits whereas Quebec was flush with money, further strengthening Quebec's negotiating position. In the end BRINCO would sell 90 percent of the power to Hydro Quebec, at a fixed price, over 40 years renewable for a further 25.
At the time BRINCO was praised for having built the station with no public money from Newfoundland, while Hydro-Québec assumed nearly all the financial risk. It is unlikely that BRINCO would have found other investors willing to take on that risk.{{cite web |last1=Feehan |first1=James |title=The Churchill Falls Project: What Happened and What's to Come |url=https://www.mun.ca/harriscentre/policy/memorialpresents/2008c/NQ_article_Vol_101_No_4.pdf |publisher=Memorial University of Newfoundland |accessdate=18 July 2019 |date=2009}} In 1981, it made a good return on the investment at almost no risk.
=Construction=
Construction started in July, 1967, at the time the largest civil engineering project ever undertaken in North America{{cite encyclopedia|url=https://www.thecanadianencyclopedia.ca/en/article/churchill-falls/|title=Churchill Falls|author=James Marsh|year=2010|encyclopedia=The Canadian Encyclopedia|accessdate=June 9, 2010}} and the largest underground power station in the world.
After five years of non-stop work by 6,300 workers and a cost of almost a billion dollars in 1970, the first two generating units began delivering power in 1971, almost half a year ahead of schedule. In 1974, the station went into full-time production.
The 225 MW Twin Falls power station, opened in 1963, was essential to the later power development at Churchill Falls. It helped open up the area and supplied the power required during the construction phase of the project. In the planning stage, however, it became apparent that greater efficiency in the production of electricity could be achieved by diverting the flow of water from the Ossokmanuan Reservoir into the Smallwood Reservoir. Utilizing this water at the Churchill Falls plant enabled approximately three times as much electricity to be produced from the same volume of water. In July 1974, the Twin Falls plant was closed and the water diverted into the Smallwood Reservoir under an agreement with CFLCo.
Technical characteristics
The drainage area for the Churchill River includes much of western and central Labrador. Ossokmanuan Reservoir, originally developed as part of the Twin Falls Power System also drains into this system. Churchill River's natural drainage area covers over {{convert|60000|sqkm|abbr=on|}}. Dyking Orma and Sail lakes brought the total to {{convert|72000|sqkm|abbr=on|}}. Studies showed this drainage area collected {{convert|410|mm|abbr=on}} of rainfall plus {{convert|391|cm|abbr=on}} of snowfall annually equalling {{convert|12.5|cumi|abbr=on}} of water per year; more than enough to meet the project's needs.
Total natural drop of the water starting at Ashuanipi Lake and ending at Lake Melville is {{convert|1735|ft|abbr=on}}. As a comparison, the water starting {{convert|30|km|abbr=on}} upriver until it enters the power plant drops over {{convert|1000|ft|abbr=on}}.
The machine hall, hewn from solid granite, is almost {{convert|300|m|abbr=on|ft}} underground. The 1,800,000 cubic metres of rock excavated was used in roads, building the town site, and as dike material. The hall is about {{convert|300|metres|abbr=on|feet}} long, up to {{Convert|25|m|abbr=on|ft}} wide and about {{convert|50|m|abbr=on|ft}} high. It houses 11 generating units. The Francis turbine wheels are cast of stainless steel and weigh 73 tonnes each.
Water is contained by a reservoir created not by a single large dam, but by a series of 88 dikes that have a total length of {{convert|64|km|abbr=on}}. The reservoir, later known as Smallwood Reservoir, covers {{convert|5700|sqkm|abbr=on|}} and can contain more than {{convert|1|e12cuft|km3|abbr=unit|order=flip}} of water.
Post-construction legal challenges
In Newfoundland and Labrador, the contract between Churchill Falls (Labrador) Corporation (CFLCo) and Hydro-Québec has created a great deal of resentment. Events unforeseen at the time of the 1969 negotiation have greatly increased Hydro-Quebec's profit margin on the fixed price of energy from the station.
The Government of Newfoundland and Labrador has unsuccessfully challenged the 1969 contract in court. In November 2018, the Supreme Court of Canada rejected a bid to force Hydro-Québec to reopen the contract before 2041, deciding that the high profits of Hydro-Québec did not justify re-opening the contract. The majority decision held that the unforeseeability of future energy price increases was a risk that the CFLCo had assumed when the contract was signed and the court could not force the parties to re-open the contract. Gascon additionally said that unforeseeability would justify overturning the contract only if it made the contract less beneficial to one party and not in this case, where it merely made the contract more beneficial to one party (Hydro-Québec).{{Cite news|last=Harris|first=Kathleen|date=November 2, 2018|title=Supreme Court rejects Churchill Falls Corp.'s bid to reopen energy deal with Hydro-Québec|language=en-CA|work=CBC News|url=https://www.cbc.ca/news/politics/churchill-falls-hydro-quebec-supreme-court-1.4888321|access-date=November 3, 2018}}{{Cite web|date=November 2, 2018|title=Churchill Falls (Labrador) Corp. v. Hydro‑Québec - SCC Cases (Lexum)|url=https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/17338/index.do|access-date=November 3, 2018|website=scc-csc.lexum.com|language=en}}
In 2019, Quebec's highest court, the Quebec Court of Appeal ruled that Hydro-Quebec's right to sell Churchill Falls energy had a monthly cap, simplifying the management of water resources for the Lower Churchill Project's Muskrat Falls station.{{cite web|title=Quebec's top court rules for N.L. in Churchill Falls dispute with Hydro-Québec|url=https://www.cbc.ca/news/canada/newfoundland-labrador/quebec-churchill-falls-hydro-1.5183162|website=CBC|accessdate=19 July 2019}}
In December 2024, Newfoundland premier Andrew Furey and Quebec premier François Legault signed a 50-year Memorandum of understanding renegotiating the contract. If ratified by both provinces, the rates Hydro-Quebec pays for Churchill Falls electricity would rise by 2,850% and Quebec would pay Newfoundland and Labrador Hydro $3.5 billion for co-development rights for two anticipated Churchill River energy projects. At the press conference announcing the deal, Furey symbolically tore up a copy of the 1969 agreement.{{Cite news |last=Smellie |first=Sarah |date=December 17, 2024 |title=After fanfare of Churchill Falls deal, Newfoundland urged to learn its dam lessons |url=https://www.ctvnews.ca/canada/after-fanfare-of-churchill-falls-deal-newfoundland-urged-to-learn-its-dam-lessons-1.7148251 |access-date=December 18, 2024 |work=CTV News |agency=The Canadian Press}}
= Legal cases brought forward by the Innu Nation =
The Churchill Falls hydroelectric plant development was undertaken in the absence of any agreement with the Innu people, but has resulted in significant{{clarify|date=December 2024}} damage to their traditional territory. The plant caused flooding of over {{convert|5,000|km2|sqmi|abbr=on}}, which damaged the habitats of many{{quantify|date=December 2024}} animals, disrupted caribou migratory routes, and drowned wildlife such as beavers.{{Cite web|title=Innu Nation Claim against Hydro-Quebec|url=https://www.oktlaw.com/services/cases/innu_vs_hydroquebec/|access-date=2022-02-13|website=OKT {{!}} Olthuis Kleer Townshend LLP|language=en-US}} Furthermore, Innu burial sites and hunting grounds were destroyed, causing irreparable damage to the traditions and livelihoods of the Innu people.{{Cite web|date=2022|title=Fifty-year-old bill comes due|url=https://50yearspastdue.ca|access-date=13 February 2022|website=Past Due}} A 2016 study commissioned by the Nunatsiavut Government (government of the Labrador Inuit) concluded that the flooding produced methylmercury and could contaminate the local water, food sources, and health of the Innu in the region.{{Cite web|title=First Nations in Canada Urge Northeast U.S. to Reject Greenwashed Canadian Hydropower|url=https://www.culturalsurvival.org/news/first-nations-canada-urge-northeast-us-reject-greenwashed-canadian-hydropower|access-date=2022-02-13|website=www.culturalsurvival.org|date=6 February 2020 |language=en}} These negative impacts may infringe on the aboriginal rights and treaty rights of the Innu people.
In February 2010, the Government of Newfoundland and Labrador and the Innu Nation initialed an agreement to compensate for the negative impacts of the Churchill Falls plant. The agreement offered the Labrador Innu hunting rights within {{Convert|34,000|km2|sqmi|abbr=on}} of land, plus $2 million (CAD) annually in compensation from Nalcor Energy.{{Cite web|title=Lower Churchill Project - Agreement with Innu Nation of Labrador {{!}} Government of Newfoundland and Labrador|url=https://www.gov.nl.ca/lowerchurchillproject/backgrounder_9.htm|access-date=2022-02-13|website=www.gov.nl.ca|language=en-US}}
In October 2020, the Innu Nation of Labrador filed a $4 billion (CAD) claim against Hydro-Québec through the Supreme Court of Newfoundland and Labrador. The amount represents approximately 5% of Hydro-Quebec's estimated $80 billion (CAD) profits over the 50-years that the hydro-electric plant has been in operation.{{Cite web|last=Quinn|first=Mark|date=6 October 2020|title=Innu Nation suing over disruption to land and culture caused by Churchill Falls project|url=https://www.cbc.ca/news/canada/newfoundland-labrador/innu-nation-compensation-hydro-quebec-churchill-falls-dam-1.5751989|access-date=13 February 2022|website=CBC News}} Furthermore, the Innu Nation have united with First Nations in Canada and the United States to oppose Hydro-Québec's planned transmission line to Massachusetts. A large portion of the energy for this project would be generated in the Churchill Falls hydroelectric plant.{{Cite web|title=News release (March 30, 2021)|url=https://50yearspastdue.ca/news-release-canada-and-us-first-nations-unite-against-hydro-quebec/|access-date=2022-02-13|language=en-US}}
The timing of this lawsuit comes as the Innu Nation seeks to formalise a land claims agreement with the Government of Canada.{{Cite web|last=Richardson|first=Lindsay|date=2020-10-08|title=Innu of Labrador launch $4B lawsuit against Hydro Quebec|url=https://www.aptnnews.ca/national-news/hydro-quebecs-churchill-falls-subject-of-4b-lawsuit-filed-by-innu-of-labrador/|access-date=2022-02-13|website=APTN News|language=en-US}}
See also
References
{{reflist}}
External links
- [http://ieee.ca/millennium/churchill/cf_home.html Churchill Falls Hydroelectric project overview at the Institute of Electrical and Electronics Engineers] {{Webarchive|url=https://web.archive.org/web/20100924161049/http://ieee.ca/millennium/churchill/cf_home.html |date=2010-09-24 }}
- [https://nalcorenergy.com/nalcor-operations/churchill-falls/ Nalcor's website] {{Webarchive|url=https://web.archive.org/web/20190714095137/https://nalcorenergy.com/nalcor-operations/churchill-falls/ |date=2019-07-14 }}
Category:Hydroelectric power stations in Newfoundland and Labrador
Category:Newfoundland and Labrador Hydro
Category:Underground power stations