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Internal Ministry of the Environment, Conservation and Parks (MECP) records obtained through Ontario’s Freedom of Information (FOI) process show ministry officials approved the expansion of Atura Power’s Napanee Generating Station despite acoustic modelling that predicted one startup operating scenario would exceed the applicable provincial noise criterion before proposed mitigation measures were implemented.
The records provide new insight into the ministry’s technical review leading to the Environmental Compliance Approval (ECA) issued on December 22, 2025, and they expand upon issues first raised publicly in June 2026 when Kingstonist reported on an Environmental Bill of Rights application seeking changes to the approval’s noise-related conditions.
That application argued the approval could allow certain permanent noise mitigation measures to be delayed until 2038 while the expanded generating station continued operating. On Tuesday, Aug. 4, 2026, the ministry declined to undertake the requested review, concluding that the concerns either had been considered during the approval process or were addressed through conditions contained in the Environmental Compliance Approval, including acoustic audits, a Noise Abatement Action Plan, and prescribed noise-control measures.
The newly released internal records obtained by Kingstonist offer the clearest picture yet of how ministry officials reached that decision.
According to the ministry’s technical review, acoustic modelling predicted a sound level of 41 decibels (dBA) at one point of reception, identified as POR1a, during one startup operating scenario. The applicable provincial criterion at that location was 40 dBA before mitigation measures were implemented.
While a one-decibel difference would generally be difficult for most people to perceive, the 40 dBA criterion represents the applicable provincial standard for that receptor under the modelled operating conditions.
The ministry nevertheless concluded the Acoustic Assessment Report complied with Ontario’s NPC-300 environmental noise guideline, writing:
“The [Acoustic Assessment Report] is complete and complies with NPC-300 provided a [Noise Abatement Action Plan] is implemented.”
The review further states:
“The predicted noise level demonstrates that the operations of this facility will meet the Ministry’s noise limits upon the completion of a Noise Abatement Action Plan.”
The Noise Abatement Action Plan outlined in the ministry’s review establishes a phased process beginning after construction of the expansion.
The first phase requires a post-construction acoustic audit to determine whether the expanded facility complies with provincial noise limits during actual operation.
If the audit demonstrates compliance with the limits, the remaining phases of the plan do not proceed.
However, if the audit identifies an exceedance of the limits, the records contemplate approximately six months to gather engineering information, two years for detailed design and budgeting, and seven years for procurement and installation of permanent noise controls, followed by a final post-mitigation acoustic audit.
Those timelines are reflected in the Environmental Compliance Approval itself, which allows up to 13 years from the date of approval for the listed permanent noise-control measures to be completed.
FOI information obtained by Kingstonist also indicates that portions of that schedule were intended to align with Atura’s financial planning process. Ministry records reference engineering design, “costing and budget forecasting” before implementation would proceed, and note that “priority should be given to the source(s) that will result in the greatest reduction in receptor sound levels.”
The ministry’s technical review does not explain why a phased implementation schedule extending up to 13 years was considered appropriate.
The records also provide additional context surrounding ministry oversight of the facility during the approval process.
An internal Request for Investigation worksheet prepared six days before the Environmental Compliance Approval was issued indicates the ministry opened an investigation relating to possible noise impacts to a nearby resident and allegations that some installed noise barriers were shorter than described in the Acoustic Assessment Report submitted with the approval application.
The worksheet also identifies Atura as a repeat non-compliant violator, notes that victims may have been impacted, and records that the investigation had been approved. The document is an internal screening record and does not determine whether any regulatory violations occurred.
Separate FOI records obtained by Kingstonist include correspondence documenting resident complaints that describe continuous humming, mechanical vibration, loud bursts, and sleep disruption.
In an April 2026 email included in the records, Atura advised ministry staff it was willing to explore possible assistance for a nearby resident “strictly on a voluntary and goodwill basis,” stating any assistance would not constitute an admission of responsibility or non-compliance, would not be required under the Environmental Compliance Approval, would not establish the residence as a recognized receptor, and would not set a precedent for future requests.
The records also show that, in a separate compliance matter, a Provincial Officer’s Order required Atura to address cooling-tower fogging after ministry officials concluded recurring fog events posed an unacceptable risk to motorists travelling along County Road 33. That order required interim measures within weeks and a longer-term plan to eliminate fogging impacts on the roadway.
In a July 30, 2026, letter responding to further correspondence regarding the facility, the ministry advised it would not pursue additional compliance measures related to noise while awaiting the acoustic audit required under the Environmental Compliance Approval. Officials said any future compliance action would depend on the audit’s findings.
Kingstonist submitted detailed questions to both the Ministry of the Environment, Conservation and Parks and Atura Power regarding the ministry’s internal review, the rationale for the phased implementation schedule, the role of financial planning in the approval process, the status of the acoustic audit, and the facility’s current compliance status.
In response to Kingstonist’s questions, Atura Power said the Napanee Generating Station “operates in compliance with all applicable environmental approvals and regulatory requirements established by the Ministry of the Environment, Conservation and Parks, and only generates electricity when directed by Ontario’s Independent Electricity System Operator to meet the province’s electricity needs.”
The company added that it “remains committed to the health and safety of our neighbours, employees, and the environment.”
Atura did not directly address Kingstonist’s questions regarding the modelled pre-mitigation noise level, the rationale for the phased Noise Abatement Action Plan, the implementation timeline, the role of financial planning, the status of the Phase 1 Acoustic Audit, or the ministry records relating to resident noise complaints.
The ministry requested additional time to respond, citing staff being on vacation. Despite an extension of the deadline, the Ministry of the Environment, Conservation and Parks did not respond by time of publication.
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