All around in circles 2 #nlpoli

December 17 is an auspicious day in Muskrat Falls history.

That was the date in 2012 when Kathy Dunderdale stood in front of a group of cheering supporters of the ludicrous megaproject and proclaimed that the government had formally approved its construction.

“It all begins here!” she shouted to the overjoyed throng. ““It all begins now!”

It didn’t start there of course.

Kathy had stood with Danny Williams two years earlier - 18 November to be precise - and announced a deal to build Muskrat Falls, the project the media hailed as the fulfillment of a dream to build the Lower Churchill and break the stranglehold Quebec had over our province.

That was a lie, to be sure. 

But still the reporters parroted Williams’ and Dunderdale’s lines just as they had 18 months before that - in April 2009 - when Williams said a deal to sell Churchill Falls electricity to Emera through Quebec had broken the stranglehold.

Arguably, though, Muskrat Falls started in May 2006 when Williams announced the province would go it alone to build the Lower Churchill.

The Clerk of the Executive Council at the time emailed the finance deputy minister and asked if anyone had checked with the deputy to see if the province could afford it.  He got no reply.

In April 2010, when a gaggle of politicians, bureaucrats, and Nalcor thugs decided to go ahead with Muskrat Falls first, they figured the local ratepayers and taxpayers would foot the entire bill out of their electricity rates.

By November 2010, when Williams announced the crowning achievement of his career, the cost of the project had grown to the point that the impact on electricity prices would make people unhappy.  SRBP pointed out at the time the price would double from what it then was. 

And so the Muskrateers started to figure ways to lower the sticker shock – mitigate the initial rates.

Every single Premier since Danny Williams has promised to mitigate the project’s impact on rates.

On December 17, 2020, eight years to the day after Dunderdale whooped it up, Premier Andrew Furey became the latest one to promise rate mitigation.

Come by Chance and the Politics of Inertia #nlpoli

Is *this* the real El Dorado?

More than six months after they shut it down, the company that owns the Come by Chance oil refinery wants to sell it.

 And they want provincial taxpayers to pay.

According to Saltwire, “Glen Nolan, president of the United Steel Workers Local 9316 union, said that in recent conference calls officials of the province’s energy department indicated Silverpeak had floated” the idea that the provincial government would pay to keep the plant in hot idle mode.  

Between 150 and 175 workers have been laid off from the facility since February.  Another 60 or so are working to keep the plant ready to run.   

A deal with Irving – reported by Canadian Press and others as a done deal in late May – came apart for reasons that aren’t clear.

So while they are trying to sell the refinery Silverpeak wants the provincial government to pay to keep the refinery idled in a state where it could get back into production very quickly.  The alternative will be to mothball the refinery and lay off the remaining workers at the refinery.

The only company interested in buying the refinery – Origin International – doesn’t want to run it as a refinery.  But that hasn’t stopped the provincial government from talking it up and for representatives of the union at Come by Chance from being excited at the prospect.

It’s hard to imagine the provincial government won’t put up the cash.

Cleaning up the mess of Muskrat Falls #nlpoli

There are a couple of points in his 1,000 page report where commissioner Richard LeBlanc refers to politicians and other officials of the Government of Newfoundland and Labrador as being naive in their dealings with Nalcor officials about Muskrat Falls. He says Ed Martin took advantage of the politicians and bureaucrats.

It is arguably one place and perhaps the only place where LeBlanc is wrong in his description of Muskrat Falls and how it came to be.

Muskrat Falls was, from the outset a political project, initiated and then relentlessly pursued by a group of politicians for their own reasons.  Their leader, Danny Williams, selected Ed Martin to work with him on the Nalcor project, chiefly to build something on the Lower Churchill as Williams’ legacy.

Martin told LeBlanc that he had one job – to build the project – and that was all of it. But Martin did the job for Williams.  Along the way Williams recruited to his circle senior bureaucrats who also actively collaborated in the project for their own reasons.  It was this circle that met in April 2010 at The Rooms and decided to plunge ahead with the redefined project now known as Muskrat Falls.

They were not naïve.  They were not duped.  They did not care.  They had one goal. They worked together to achieve it from the time Williams launched the venture in 2006 until thd last of them resigned in 2016.

Muskrat Falls was the bastard child of ego and ambition, nothing more.  All the other ideas associated with it, such as retribution for the 1969 power contract, were never anything more than lies – rationalisations to gain support for the project.  The cabal from The Rooms deceived the public and they deceived themselves.

They wanted it built and nothing would stop them.

Interesting news, buried under bull #nlpoli

There are two aspects to Monday’s announcement about Muskrat Falls and electricity rates:  political and practical items related to Muskrat Falls.  

Another set of decisions are actually related to the provincial government’s non-Muskrat Falls finances.

And then there’s a little tidbit about how far behind Muskrat Falls is.

Political - If this is how Dwight treats his friends…

Monday’s announcement was a political stunt pulled purely for the province's benefit apparently to cover over the fact that there was no agreement as Dwight Ball had promised before Christmas.

The announcement came front-end-loaded with the sort of ego stroking and puffery that is not merely unnecessary but tends to turn off audiences listening for a major announcement about arguably the most pressing public issue.

The Difference between Then and Now #nlpoli

A few months ago, SRBP wrote a two-part piece that described the change in the way politicians, bureaucrats, and the public looked at management and control of offshore oil and gas resources.

It’s worth looking at this again in light of a couple of recent developments.

In broadest terms,  the provincial government’s original objectives in the negotiations that led to the Atlantic Accord – the one signed in 1985 – were: 

• Provincial control and administration, 
• Revenue that would end dependence on federal hand-outs, and
• Local benefits.

Since 2003,  the provincial government has dropped provincial administration and control and local benefits from its list of expectations.  Revenue is the only concern left of the original ones and even that one has become simply money.  The notion that the revenue would disconnect the province from federal hand-outs has also gone by the boards.

The 2005 revenue transfer agreement between Ottawa and St. John’s – deliberately misnamed by the provincial government as the Atlantic Accord – was initially about a transfer similar to Equalization and equal to the amount of revenue the provincial government collected each year from the oil companies as royalties under the 1985 agreement.

The argument for the 2005 transfer was based on lies and misrepresentations.  For example, the provincial government sets the amount of revenue it collects from the offshore as if the resource was on land and within provincial jurisdiction. It gets all the money. Politicians and other people claimed that the provincial government only received as little as 15% of what it should get. 

That wasn’t true and, in the end, the 2005 arrangement did not change the Atlantic Accord at all.  Nor did it change the operations of the Equalization program.  The 2005 agreement simply transferred $2.6 billion to the provincial government from Ottawa.  The only connection to the 1985 agreement was that the federal and provincial government used oil royalties and Equalization as the means to calculate the amount.  

Restoring Power: destroying the monster #nlpoli

The threat from Muskrat Falls can only be removed by concerted action that addresses the project’s financial burden, restores integrity to the system of electricity regulation, and that breaks, once and for all time, the fundamentally corrupt relationship between the provincial hydro-electric corporation and the provincial government. This is the only way to restore power to the province’s people so that they may control their own future.

And there shall be plans,  and planning for plans...

This weekend, there’s a story at CBC about a recent study done by a provincial government department into why people from this province leave and what it would take to get them back. Don’t be bothered by that sense you’d heard the story before because you had.

Danny Williams and an unidentified aide unveil
the New Approach, 2003 (not exactly as shown).
Some things are best left buried.

The new CBC story came out of a recent two-parter in The Independent. That came out of questions raised in the House of Assembly in June about the bits the government had cut out of the report it commissioned in 2018.

Everyone fixated on the bits the government cut-out in the recent story but there’s something in the conclusions.  The people surveyed were all under age 35, had higher education, and marketable skills.  They left either to find work or find better work and they would come back to the province if they could find a job or a situation here comparable to the one they already have.

This is something people in this province have known for the better part of a century and it is certainly something the provincial government has known for at least 30 years or more.  Not even a hint of exaggeration in any of that.

The study is part of the current administration’s effort to develop a plan to replace the strategy developed by the crowd that ran the place before now to attract what Danny Williams used to call the homing pigeons back to Newfoundland and Labrador.

And the key feature of the ex-pat report is the same as the key feature of a study on immigration or young people who were thinking about leaving the province.  If there are jobs, they will either stay, come back, or come here in the first place, depending on the current physical location of the group you are studying.

Restoring Power: The Section 92A Option #nlpoli

One of the potentially most valuable revenue sources would be a new tax on electricity production that could yield upwards of $450 million a year. The bulk of the tax would be paid by Emera and Hydro-Quebec, both of which currently profit from free or near-free electricity through two patently unfair agreements. 

The basic problem of the Lower Churchill was always how to pay for it. 

Everyone who tried to build it before wanted people outside the province to use the electricity and pay for the whole project, with the profit flowing to the people of Newfoundland and Labrador.  When they couldn't get that to work, they simply didn't pursue the project. 

The politicians and bureaucrats behind what became Muskrat Falls were smarter.  They decided in a meeting at The Rooms in April 2010 they would force the people of Newfoundland and Labrador to pay for the entire project through their electricity rates, even though they would use very little of it. The benefits would flow outside Newfoundland and Labrador. 

The Dwight Ball-Ches Crosbie rate mitigation scheme is still about having Newfoundlanders and Labradorians alone pay for Muskrat Falls with others reaping the benefit.  On top of that, the Ball-Crosbie approach includes money that doesn’t exist.  Their scheme also doesn’t address other problems with Muskrat Falls that are as troublesome as the problem of the government’s proposed scheme to have only one small group of people bear the whole cost.  So, it won't work.

The Kick in the Guts #nlpoli

Those following the Muskrat Falls inquiry last week will likely have noticed that one of the big issues not discussed during Dwight Ball's testimony was the circumstances surrounding Ed Martin's resignation.

It bears on the inquiry since the entire episode goes to the heart of the government's relationship to Nalcor, which itself shaped Muskrat Falls, and to the resolution of the Astaldi mess.

Yet, for some reason,  Commissioner Richard LeBlanc does not want to hear about Martin's departure.

The incident that supposedly triggered Martin's departure (and that of the board) were a few sentences in the budget speech from April 2016.  Ken Marshall described it as a "kick in the guts" for the folks at Nalcor.

Your humble e-scribbler posted this as part of a bigger piece back in 2016 but just for the fun of it,  here are Bennett's words, in total:

As the province’s energy corporation, Nalcor belongs to every citizen of Newfoundland and Labrador. 

Since its creation in 2007, taxpayers have invested over $2.25 billion yet have received no dividends. For all corporations and their shareholders, this would be unacceptable. 

The previous administration allowed Nalcor’s organizational structure, compensation and benefits packages to grow beyond what taxpayers would consider reasonable, particularly given our current fiscal and economic circumstances. 

Through Budget 2016, initial steps have been taken to identify operational savings at Nalcor approximating $6.7 million. 

However, due to prior year commitments by the former administration, the required equity the province will need to invest in Nalcor this year is $1.3 billion, bringing the total investment by the people of the province to $3.6 billion. 

Further actions will be taken to maximize the return on investments made by our province. 

Like government departments and public entities, Nalcor will be expected to take a zero based budget approach to their administration and operations effective with Budget 2017. 

The Nalcor Board will be directed to review their operational structure to achieve efficiencies and develop a plan to bring their compensation, benefits, and gender equity policies more in line with similar positions in other public sector bodies. 

Work at the Muskrat Falls Powerhouse is significantly behind schedule. 

Faced with these schedule delays and expected cost increases on the project - a concern to all of us - government is doing and will continue to do everything possible to help get this project back on track.

-srbp-

Today's post was originally supposed to be a much longer look at Dwight Ball and Muskrat Falls.  This turned out to be a much bigger subject than anticipated.  Stay tuned for it to appear later this summer.

Quebec appeals court decision on Churchill Falls contract no win for Newfoundland and Labrador #nlpoli

Media reports, political comments, and pundit opinions are wrong about the decision last week by the Quebec Court of Appeal in a case about the renewal clause of the 1969 Power Contract between Churchill Falls (Labrador) Corporation and Hydro-Quebec.

The Court decision leaves Hydro-Quebec with virtually all of the electricity produced from Churchill Falls and, most importantly, operational control of water flows on the river.  This will have an adverse impact on Muskrat Falls. As a result, CF(L)Co is likely to appeal the decision.

__________________________________________________

The Quebec Court of Appeal ruled last week that Hydro Quebec retained operational control of electricity production at Churchill Falls. It made a minor change to an earlier decision by the Quebec Superior Court in a decision from 2016.

That’s why Hydro-Quebec issued a statement that it was satisfied with the outcome of the decision.

In other words, English-language media reports and political commentary got it wrong when they claimed “Quebec's top court rules for N.L. in Churchill Falls dispute with Hydro-Québec” (Canadian Press) or “A Victory For NL In Long-Standing Legal Battle With Hydro-Quebec On Upper Churchill” (VOCM).

The English-language reports focused on the idea that Hydro-Quebec could only buy electricity from Churchill Falls up to a maximum each month under the terms of an automatic renewal to the 1969 power contract between Hydro-Quebec and Churchill Falls (Labrador) Corporation.  VOCM went a step further in the mistake department my making it sound like both Hydro-Quebec and Newfoundland and Labrador Hydro could sell electricity from Churchills Falls. 

The clue that something was amiss in the English-language coverage is the statement from Nalcor that said the Quebec Court of Appeal “had ruled substantially in favour” of CF(L)Co on the question of Continuous Energy.

Here’s why.

Restoring Power - Mitigating the Impacts of Muskrat Falls #nlpoli

Left untended, the Muskrat Falls project threatens the financial well-being of the government and people of Newfoundland and Labrador. The threat cannot be removed merely by directing money from one pot or another to offset the impact the mismanaged project’s costs would have on electricity rates in the province.  

The threat from Muskrat Falls can only be removed by concerted action that addresses the project’s financial burden, restores integrity to the system of electricity regulation, and that breaks, once and for all time, the fundamentally corrupt relationship between the provincial hydro-electric corporation and the provincial government. This is the only way to restore power to the province’s people so that they may control their own future.

A CHEAP Framework - the PC and Liberal Muskrat Falls plans #nlpoli

The Conservative and Liberal Muskrat Falls rate mitigation plans are the same.  Both include magical assumptions of revenue.  Both omit crucial details.

Note: Some people asked on Monday for comment or analysis of the two plans to mitigate Muskrat Falls' impact on provincial electricity rates.  

This is an abbreviated summary of the two plans and some issues flowing from it. A more substantive analysis will come on Monday 22 April 2019 with the publication here of the SRBP rate mitigation proposal  called "Restoring Power."

General

The Conservative and Liberal rate mitigation plans are the same idea. 

This is not surprising since the Conservatives copied the Liberal approach and used the same information from the Public Utilities Board review as the basis for the plan details.

The Liberal and Conservative plan uses the following approach:

1.  Pick a Number
2. Subtract other Numbers
3. Use Magic
4. Hit zero

The PUB, Exemptions, and Muskrat Falls #nlpoli #cdnpoli

Here’s some background on the issue of Muskrat Falls and Public Utilities Board exemptions. 

At the end you should know what an exemption is all about, how the exemptions – there are more than one – came about – and what that means for now and in the future as far as electricity rates go.  We’ll deal with mitigation in another brief post next week.

The information here is based on material in the public record plus additional research and information accumulated over 30 years working on public policy issues in the province. That includes the 15 years of SRBP, much of which wound up being about the Lower Churchill project.

Let’s start with what an exemption is.

Bay du Nord and Equity #nlpoli

In a staged political event Thursday that was woefully short of basic details,  the provincial government and Equinor announced they will proceed with development of the Bay du Nord field in the Orphan Basin.  The news release for the event referred to a framework agreement only.

Bay du Nord is located approximately 500 kilometres east of St. John's,  in between 1.0 and 1.2 kilometres of water.  Equinor and its partner Husky Canada believe the field contains at least 300 million barrels of light crude.

The project will cost $6.8 billion to bring into production using a floating production storage and offloading vessel similar in concept to the FPSOs used for Terra Nova (1996)  and White Rose (2002).  The provincial government acquired 10% equity in the project in addition to royalties under the Offshore Oil  Royalty Regulations (2017).  The provincial government will therefore pay $90 million initially as well as $680 million during the construction phase.

Project sanction is expected in 2020 with first oil in 2025.

The following table shows a comparison of Terra Nova,  White Rose, and Bay du Nord, with all dollar amounts in 2018 dollars.

Don't blame me (-dia) #nlpoli

Now that Muskrat Falls is officially a boondoggle,  all sorts of people are rushing forward to criticise it.

Others are also rushing forward to ensure we all know that they were on the side of the angels back in the day and so, as Brian Jones pleads this weekend in the Telegram, we shouldn’t “blame the media for Muskrat Falls.”

For the past year and a half,  Brian tells us,  people whom he calls “trolls” have been writing and calling him to ask why the local media did not reveal all the details about Muskrat Falls as the thing was unfolding.

“I always point out a basic fact,”  Brian says,  that “ the Newfoundland media, not just The Telegram, have covered every aspect of Muskrat Falls since at least 2010.”

Wonderful if it was a fact, but no.

Not a fact.

Sweat Equity - panel discussion #nlpoli

ISER Books and the Queen Elizabeth II Library will hold a panel discussion on the recent ISER publication Sweat Equity: Cooperative House Building in Newfoundland 1920-1974. 

Authors Chris Sharpe and Jo Shawyer will be joined by panelists Kim Blanchard, Stephen Jewczyk, and Jeff Webb to discuss the book, cooperative housing in Newfoundland, and current housing issues affecting the province. 

Admission is free and they've got snacks and refreshments.

Where:     Centre for Newfoundland Studies, Queen Elizabeth II LIbrary, Memorial University
When:      Wednesday, February 15th at 3:30pm.

-srbp-

No Market Research Required #nlpoli

In the House of Commons, members can put questions to cabinet ministers several ways.  One of them is called Questions on the Order Paper.

Ask a sensible question.  Get a sensible answer.

This is a truly amazing idea given that the House of Assembly got rid of the notion 20 years ago. Actually telling people something useful instead other uncommunication that remains all the rage in provincial government circles.

Bloc Quebecois member of parliament Marilene Gill put a Question on the Order Paper about Muskrat Falls and the recent federal loan guarantee for $2.9 billion.

Here are the questions from Gill and the answers from natural resources minister Jim Carr.  Note the underlined bits for anyone not aware of this information.

Sovereignty #nlpoli

Newfoundland and Labrador is one of the very few countries on the planet that got itself into such a financial mess that it gave up self-government.  The people gave up their right and power to govern themselves. That is, they gave up their sovereignty.

They took it back in 1949,  no matter what sort of fairy tales some people continue to believe.  Now with massive public debt coming from chronic overspending and the crushing debt of the insane Muskrat Falls project, some people are raising the prospect that Newfoundlanders and Labradorians may once again see their sovereignty in jeopardy.

Energy analyst Tom Adams has raised the issue of sovereignty with Pete Soucy and Paddy Daly recently.  Muskrat Falls is likely to create such financial problems that the federal government will have to bail the province or Nalcor out, argues Adams.  And it is almost certain that the federal government would look for some "austerity measures", as Adams put it,  as part of whatever deal lets the money flow.

Actions and Words (2016) #nlpoli

The provincial cabinet has known since January - at least - that the powerhouse at Muskrat Falls is only 15% completed despite a huge payout to the contractor.

That's what Nalcor reported to the committee of provincial bureaucrats named by the Conservatives to get a report from Nalcor every now and again.  They can't do anything else except receive the reports and pass them on to cabinet.  They still do it under the Liberals.

The company hired by cabinet to conduct yetanother review of information supplied by Nalcor that government already had included a little table of progress on major components at Muskrat Falls.  The powerhouse is a major component.

But it isn't on EY's table, shown at right and released earlier this month.  It's lumped in with "spillway" and shows it is supposedly almost 40% complete.

There's a lot of difference between 15 and 40.

Torque wars: media, politicians, and the Muskrat Falls loan guarantee #nlpoli (2011)

Some people will tell you there the federal and provincial governments have a deal for a federal loan guarantee on Muskrat Falls.  The provincial government has already met three criteria set by the federal government and Stephen Harper confirmed that in a speech in St. John’s.

That’s what you could take out of some stories from different media outlets coming out of Harper’s campaign stop in Newfoundland and Labrador.

Bear in mind though that the loan guarantee story took a couple of turns within the past 24 hours even for one single news outlet. 

On Wednesday, CBC reported the deal was done:

Multiple sources tell CBC News, though, that the federal and provincial governments have reached a deal on the terms of a loan guarantee.

Multiple sources.

Multiple unidentified sources.

Not even a hint if they were highly placed in both the federal and provincial governments.

Sometimes that happens.  You don’t even give the slightest clue as to the authenticity of the sources on which the story is based. Put it down to a judgment call.  Doesn’t mean that the comments are right or wrong, but it could put a question mark over the accuracy of the information.

Williams announces political exit plan (2010)

Danny Williams always said that building the Lower Churchill was the only thing he wanted to do before leaving politics. He took a huge step down that road in 2006 when he rejected other options in favour of the supposed go-it-alone strategy.

With no markets and no money for the project, and with setback after setback in the environmental and land claims fronts, the odds were slim he could achieve that dream.

Slim odds, that is, until this weekend. Williams told provincial Conservatives he is trying to lure Nova Scotia and Emera  into a deal to build a greatly scaled down version of the project.  That confirms he is trying to cut a deal so he can leave politics.