Turbine not meeting environmental rules but N.S. has no action planned

Two Nova Scotia cabinet ministers confirmed Thursday the beleaguered tidal turbine spinning in the Bay of Fundy isn't being properly monitored, but won't say how long they will let it continue to violate its environmental assessment. 

The assessment requires weekly monitoring of the Cape Sharp Tidal Venture turbine in the Minas Passage. But the turbine isn't currently connected to the power grid, which means its monitoring equipment is not powered.

Reporters repeatedly asked Energy Minister Derek Mombourquette to expand on his response that the turbine should be in compliance "sooner rather than later."

"I have little patience left for it," he said, but did not give any kind of timeline.

"Sooner than later meaning ideally, we'd be at a point right now where it would be operational and we'd have all the steps in place to continue the operation of the turbine."

Information lacking

However it's unclear who, exactly, is in violation of the environmental assessment rules. The province's Department of Energy pins the blame on Cape Sharp Tidal Venture and its two partners.

But the Environment Department says the responsible party is the Fundy Ocean Research Centre for Energy (FORCE), which holds the Environmental Assessment Approval and oversees the turbine testing site. 

Environment Minister Margaret Miller also said monitoring information is supposed to be provided to FORCE by Cape Sharp.

"They [FORCE] are in violation, but we're working with them to get them back into compliance," Miller said.

"Cape Sharp has not been able to provide all the information [to FORCE] that we had hoped that they would, but we're still working with all of the stakeholders in this."

Miller walked away and did not respond to a reporter who asked how long her department would allow the turbine to flout the rules.

Waiting game

The turbine project is a joint effort between Irish company OpenHydro Group Ltd. and Nova Scotia energy company Emera Inc. to test tidal power in the Minas Passage.

In July, Cape Sharp Tidal's second test turbine was hooked up to the power grid. Two days later, OpenHydro's parent company, Naval Energies, announced it was no longer funding tidal power projects and provisional liquidators were assigned to dissolve OpenHydro.​

Emera had a 20 per cent stake, but announced earlier this month it was pulling out of the project.

Mombourquette said he plans to wait out the court process for OpenHydro before making any decisions.

But uncertainty surrounding the fate of the turbine has only grown after a judge in the Irish High Court appointed an interim examiner to look at reviving the company late last week. The request for an examiner was made by minority shareholders.

Monitoring requirements

It is unclear exactly what will happen to the turbine if OpenHydro goes under.

The province, as regulator of the turbine, has several options for action — including issuing fines or administerial orders.

The environmental assessment's contingency plan also includes an option to deploy what's known as a FAST-EMS platform. The Fundy Advanced Sensor Technology – Environmental Monitoring System would be located 30 metres from the centre of the turbine, with a tilt function to capture different areas of the water column as needed.

It's meant to be used in the event the sensors aren't working or another issue has arisen.

Miller did not answer Thursday when asked why the platform hasn't been deployed.

The only monitoring being done is by FORCE and is of the entire area rather than the turbine itself.

Regulatory reliability

NDP Leader Gary Burrill said the Liberal government should move quickly to bring the turbine owners into compliance.

"It brings into question the whole matter of the reliability of the Department of Environment's regulatory system," Burrill told reporters.

"No wonder the auditor general said the public has solid reason to be concerned about the followup the Department of Environment provides to the industrial approvals it puts in place. That's what it says to me."

Mombourquette said he has made it clear to the stakeholders, including Emera, that the turbine needs to be in compliance, despite the fact the company announced it was removing itself from the project.

"What they told us at this point now is that they're moving away from the industry. What we've told them is, 'You're still a partner in this and we're going to look to your expertise and advice going forward as we come to a conclusion,'" he said.

Mombourquette wouldn't say whether Emera has since agreed to be involved.

The company was required to post a security bond in case the turbine had to be retrieved, but Mombourquette wouldn't disclose how much is in that fund. He said the government is not at the point of using that money to monitor the site.

​Mombourquette said Deloitte has been hired to look at the viability of OpenHydro, adding he is waiting for that report.