20 December 2009

Kremlinology 13: the seat by the door

the seat by the doorUsed to be Ray Hunter, a backbencher who reportedly had his fair share of differences with the direction some things went.

Now it’s Wade Verge.

Wade’s seat is as far from the Speaker’s chair as one can get on the government side of the legislature and it is right next to a door everyone uses to go in and out.  It is not exactly prime real estate.

It may also be a clue as to who is in favour and who better mind their “P”s and “C”s.

That’s not the only peculiarity in the House of Assembly seating chart.  Usually when the government side has too many to sit on the government side, they tend to stick the lowest seniority fellows over with the Opposition.

Not in the current session.seating 2

There’s the last Boy Scout, Steve Kent, marked by the red “1”, accompanied by a whole bunch of other fellows of about the same or more recent vintage. And truth be told that’s where Wade and Harry should be.

But they aren’t.

Instead there are a trio of parliamentary assistants  - designated by the red “3” - who ought to be over closer to their ministers so they could confer on important matters without having to walk all the way around behind the Speaker.  They are pseudo-ministers after all and as such should be over with their fellow assistants. They should be in the seats on the very back of the government side and the crowd up by the Speaker (marked by a red “2”) should be back one tier.

Now that other crowd of red “2”s on the right there are also a bit out of place. The middle tier of that last block down on the right there seem to be a bunch of ministers who don’t hold a high prominence in the cabinet.  proximity to the Premier and the Speaker are huge clues to prominence in the usual way of seating people.

Oddly enough, that would include Ross Wiseman who, while he gets a front bench space due to seniority perhaps, is still only a couple of steps from being out through the centre doors (denoted by the bit of a bracket on the extreme right). His distance from the Premier and the Speaker seems a wee bit odd.

Now all of this might mean nothing at all.

But then again, this whole Kremlinology thing started with Trevor Taylor.

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19 December 2009

Hebron Project Timelines

For those interested in this sort of detail, and from the good folks at the Hebron project website, comes this picture of the project timelines:

 Hebron timelines chart

Note that the partners don’t anticipate giving this project the green light until the early part of 2012.

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Significant digits: December 2009

1.  Number of days Tom Rideout was premier:  43.

2.  Number of days the House of Assembly sat in 2009:  43.

3.  Average number of days the House of Assembly has sat each year of the current administration (since 2004): 43.

4.  Number of provincial Conservatives in the House of Assembly:  43

5.  Number of boil water advisories in effect in Newfoundland and Labrador as of June 2009,  the last date the list was updated:   239  (Some communities were affected by more than one boil water order.)

6.  Total number of boil water advisories in the province as of April 1, 2008:  228.

7.  Total number of communities affected by boil water advisories in the province as of June 2009:  174.

8.  Total number of communities in Newfoundland and Labrador: 593. (Yes, that means 29% of communities had at least one boil water advisory in place in June 2009.)

9.  Longest time under boil water advisory: 20 years 11 months (Branch, 01 Jan 1989.)

10.  Total number of days in which someone made reference to boil water advisories or drinking water quality in the House of Assembly since 01 January 2008:  2.

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Hitchhiker’s Update:

42, forty-two

18 December 2009

Purely coincidental: Hydro-Quebec/NB Power version

Some of these things are linked.  Some may be purely coincidental.

1.  Hydro-Quebec plans to buy NB Power including the Point LePreau nuclear generating plant.  October 29.

2. Ontario Senator Lowell Murray thinks it’s time for the federal government to get interested in the Hydro-Quebec/NB Power thingy. December 15.

3.  Ontario considering sale of hydro-electric generation, transmission and distribution assets. December 16.

4.  Government of Canada announcements plans to sell off the Candu reactor division of Atomic Energy of Canada Limited.  December 17.

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“Everything else is advertising.”

Sometimes, things that don’t appear to be connected things scream out to be connected.

Take, for example, a piece last weekend in the Globe on one of the legends in the newspaper business.  Harry Evans was in Toronto flogging his memoir, My paper chase. He thinks that news is whatever anyone tries to suppress.  “Everything else is advertising, ” he contends.

On the same weekend, a Telegram editorial revealed that the local daily tried to get government polling results this past August but came up with six blacked-out pages. Proprietary information don’t you know and there was just no way the government could release stuff that belongs to a third party and still comply with the province’s access to information act.

News is what The Man wants to suppress, sez Harry.

Not in this case.

That story of the blacked out bits  - the suppressed bits - never made it to the news pages. The Telly did run a story last September based on a few pages of numbers that the government did happily send out but the full-on research report story doesn’t seem to have made it to the news section.

And the story that did appear took such a high-level picture it missed some of the details within the numbers they did have.  It wound up telling you – in the very first two sentences -  that:

Residents of the province are split on their satisfaction with the government's handling of health care, according to recent polling commissioned by the Williams administration.

Satisfaction levels in other areas, however, remain high.

This is hardly news for anyone who has been reading the CRA polls as if they actually had something to say that didn’t exaggerate the actual results they got. The rest of the story didn’t add anything else.

Now this way of handling the suppression of polling information is rather odd. The questions being asked would potentially be very controversial stuff. After all they were questions like:

  • Do you think Newfoundland and Labrador has benefited since joining Canada in 1949?
  • Do you know anybody who's left the province to work in Alberta in the past six months?
  • Do you consider yourself foremost a Newfoundlander, a Canadian, or something else?

and according to the Telly-torial:

Other questions touched on topics such as the phasing out of pesticide use and the image of the commercial seal hunt.

All pretty obviously related to public policy and all pretty obviously no the stuff covered by section 27:  “trade secrets of a third party, or … commercial, financial, labour relations, scientific or technical information of a third party…”.  Yet that was the basis on which the provincial government kept the information secret.

So at the end of it all we wind up with information being suppressed and the story about the suppression winding up as an editorial. And the bit on polling that did wind up on the news page was little more than the usual advertising copy that polling results have become in this province’s news media. Sometimes the ad copy comes with third-party endorsements from people supposedly with absolutely no connection to the subject of the story either.

Not so long ago, such blatant suppression of information that legitimately belongs in the public domain using a trumped-up excuse would have prompted a much sterner response and not one confined to the editorial page.

Things have changed, though, as Harry noted and as pretty well everyone dealing with news media can tell you. The change is not glacial, either, well at least not the way glaciers used to melt in the days before Al Gore.  Rather the transformation of newsrooms is as easily seen as the curious drop in online viewers highlighted by a couple of earlier posts.

The pressures in newsrooms are well known.

Other stuff that adds to the pressure may not be so well known or sufficiently appreciated for what they are and what they do: the nasty  - and often-time orchestrated – comments, short public attention spans and memories, The Attitude about advertising and what it buys, and even editors who publicly criticise the milquetoast reporting of today as too aggressive.  All add up such that it becomes much much harder for the crowd in the newsroom to do what Harry did and what many of the reporters and editors might like to do.

This is not a local phenomenon alone. It is also something that isn’t confined to one single outlet and it certainly isn’t affected by corporate ownership.  The problem  applies as equally to news outlets owned by large corporations as it did to a locally-owned vanity publishing enterprise that died twice. So-called independent media, that is stuff that isn’t corporately owned, also brings its own problem of rather strong ideological biases.

This is not a post which reaches a logical or orderly conclusion.  Frankly, your humble e-scribbler can only note the phenomenon just as with the curious drop.

But there is no mistaking the connections among a bunch of things you might not think were actually related.

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17 December 2009

Public execution delayed for Speaker’s Christmas Party

Under Standing Order 9 of the House of Assembly, it’s pretty simple:

9. If at 5:30 o’clock in the afternoon except on Wednesday, the business of the House is not concluded, the Speaker shall leave the Chair until 7 o’clock. At the hour of 5 o’clock on Wednesday afternoon the Speaker
adjourns the House without question put. (1951 SO 7 R&S 1999)

Deputy speaker Tom Osborne decided to toss the rulebook in the corner this afternoon during debate on a resolution to fire child and youth advocate Darlene Neville.

The business of the House was not concluded at 5:30 pm.

There was no prior motion to extend the sitting or vary the rules.

Osborne simply interrupted the speaker who had the floor and put the whole teaparty1show off until Monday.

The reason?

The Speaker’s Annual Christmas party – right, not exactly as illustrated -  was scheduled to start at 5:30.

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Harvest Energy sold

Harvest Energy Trust announced today that the trust has been sold to Korea National Oil Company (KNOC).

Included in the sale is the oil refinery located at Come by Chance, Newfoundland.

Until this sale, KNOC operated only one other project in Canada, the BlackGold oilsands operation acquired in 2006.

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Hebron cuts: Dunderdale blunders; will NALCOR alone foot bill for replacement work?

In the House of Assembly on Wednesday, natural resources minister Kathy Dunderdale confirmed what Bond Papers told you about on December 11:

There are no provisions of the final benefits agreement signed in August 2008 that cover a work cancellation and mandate that it has to be replaced by work of equal value or the cash equivalent.

Nothing could be further from the truth

Dunderdale issued a highly misleading news release on December 11 that claimed “any such issues were contemplated in the Benefits Agreement and the replacement value of the work was captured and protected."

As you learned here last week, nothing could be further from the truth.

Dunderdale told the legislature on Wednesday (December 16) that the agreement contained a provision on amendments and another on dispute resolution. There was no dispute, according to Dunderdale, as the parties came together and achieved an agreement.

Well that’s not the same as having “the replacement value of the work”  already “captured and protected”.  That’s not  “copper-fastened”, either as Dunderdale also claimed. That’s people getting together and hammering out a new deal which could include provisions among the partners as to who will foot the bill for what amounts to a political decision – the replacement benefits – rather than a purely commercial one.

. And as for that section on amendments, here it is in its entirety:

12.3 Amendment.

No amendment to this Agreement is effective unless made in writing and signed by authorized representatives of all Parties

Nor is the new deal an actual, finalised agreement.  As Dunderdale told the House of Assembly, there is an agreement in principle that must now be translated into a legal document.  There’s still lots of room for further changes, in other words in a project not due to be sanctioned until 2012.

Abandon Ship!

By the end of the questioning, Dunderdale became so rattled that she abandoned her false claim last week that the benefits were secured within the agreement:

Mr. Speaker, the parties came together, we did not even need to use mechanisms provided in the Hebron Benefits Agreement. [Emphasis added]

That pretty much blew what was left of her credibility out of the water.

Dunderdale also disclosed that the total value of the cancelled work is less than $50 million.  Her office earlier refused to disclose what they claimed was commercially sensitive information.

The Hebron partners – including the provincial government’s NALCOR Energy -cancelled the work because it was deemed “uneconomic and has significant execution and schedule risks” for the project Dunderdale estimates may cost as much as $7.0 billion.

NALCOR to foot bill?

If the agreement in principle is actually signed, it is unclear at this point if the $50 million of replacement work will be provided by the oil companies or by the provincial government’s energy company in its capacity as an equity partner on the project.

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16 December 2009

The die is cast aside

“The die is cast!”

That’s what then-education minister Joan Burke said back in 2007 when the current provincial administration unveiled its plan to give Sir Wilfred Grenfell College something called “autonomy” from Memorial University. 

She was arrogantly dismissing concerns raised about the feasibility of creating a second university in the province.

Burke even used the word “independent” in a news release in 2007 - “Grenfell College is about to gain independence…” – something she predicted would happen in 2008. 

Well, in 2009, none of the promises came true.

And you can tell none of the promises came true because the announcement was made by Darrin King, the education minister, and not Danny Williams, the premier behind the whole drive.

You can also tell there’s nothing to get excited about because the release is gigantic – 13 paragraphs – and there are no fewer than five media contacts.  The way these things usually go, the less positive news there is, the more names are listed as media contacts.

Under the proposed approach, Grenfell will lose its separate and proud identity, becoming instead something to be called Memorial University  - Corner Brook.

It also won’t get a separate president or senate, as recommended by two consultants hired in 2005 to look at the whole idea of Grenfell “autonomy”.  Their Option 1A was the one supposedly on the books to be implemented.

Instead, the current senior official – named the Principal – will continue to be called the Principal and will report directly to the President of Memorial.  And there will be a separate budget presented to government through Memorial University in St. John’s.

Whoopee ding.

The whole thing looks suspiciously like the consultant’s Option 2A  but without the administrative clout of having a separate president for the new university at Corner Brook.

And what were the disadvantages noted for that by the consultants, you may ask?

  • common Senate reduces Grenfell’s academic autonomy and
    development potential;
  • little change from current unsatisfactory situation.

That’s right.  The consultant’s considered that the approach government ultimately  would actually reduce Grenfell’s autonomy and offer little change from the status quo.

Looks like the die for Grenfell autonomy Joan Burke talked about wound up getting cast alright, cast aside.

Expect lots of negative reaction to this as the magnitude of the broken promise starts to sink in for people in Corner Brook.

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15 December 2009

The Placentia Bay Nostradamus

If the Telegram editors ever get jammed up for copy, they could easily recycle Ray Guy columns from 40 years ago. 

Most people wouldn’t be able to tell the difference between goings on then and now.

Back then, partridgeberries were the economic salvation of this cove or that harbour.  These days, cranberries will replace the income from a pulp and paper mill in Grand Falls.

Back then people were complaining about the great partisan conspiracy against the beloved saviour of His People.

These days, Bill Westcott is lacing into Peter Pickersgill on much the same basis. Poor Pickersgill has the extra misfortune of not only being the progeny of mainlanders but of being not pur laine hisself:

Despite spending a lot of his adult life in Salvage, we must remember PIC is not even an (Island-born) Newfoundlander, one of da boys! His genes, I think are rooted in Winnipeg and Ottawa.

That explains everything, of course.

There is no way the truth could be known by someone who wasn’t born here or who doesn’t live here.

Sure John Hickey said so dealing with another one of the confounded traitors:

Of course Mr. Waugh is entitled to his opinions on any and all Labrador matters, even as he writes from the comfort of his Nova Scotia home.

And Bill Westcott? 

He writes his truth from Florida.

That must be Florida, Bonavista Bay.

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Bon Deal. Bad Deal.

Turns out buying NB Power could be a very bad deal for Hydro-Quebec.

Of course, that would make it a very good deal for New Brunswickers.

Update:  As Mark correctly noted in a comment, a bad deal for one doesn't make it a good deal for the other.

If you read the article, though, you will see that many of the points made early on discuss what are the positive aspects for New Brunswick.  There are positive aspects for Hydro-Quebec as well; the variation just depends on what the price of power turns out to be down the road.

And of course, by the end of the article, Claude Garcia  of the Montreal Economic Institute, makes an argument based about MEi's projections for power prices over the medium- to long-term.

Despite the huge difference between the price offered and the real value of the assets being acquired, no allowance is made for the increase in electricity prices likely to result from the enforcement of a new international treaty significantly limiting carbon emissions. This deal is not acceptable as currently structured. The price is too high for the benefits to be obtained.Despite the huge difference between the price offered and the real value of the assets being acquired, no allowance is made for the increase in electricity prices likely to result from the enforcement of a new international treaty significantly limiting carbon emissions. This deal is not acceptable as currently structured. The price is too high for the benefits to be obtained.


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Eight appointed to Order of Newfoundland and Labrador

His Honour John Crosbie inducted eight new members  into the Order of Newfoundland and Labrador in a ceremony at Government House last week.

orderpicture2 The inductees to the Order are Gerard Blackmore, Donna Butt, Jon Lien, Hazel Newhook, Gladys Osmond, John Perlin, and Margaret Pike. Alan Perry was invested as an honorary member of the Order of Newfoundland and Labrador. Geoffrey William Stirling will be inducted at a later time.

The Order of Newfoundland and Labrador recognizes individuals who have demonstrated excellence and achievement in any field of endeavour benefiting in an outstanding manner Newfoundland and Labrador and its residents. An individual who is not a Canadian citizen or current or former long-term resident of the province, but who has demonstrated excellence in their field, and has benefited the province and its residents in an outstanding manner, may be nominated as an honorary member.

As Chancellor of the Order, the Lieutenant Governor presented an insignia of the Order, a stylized pitcher plant, to each inductee, as well as a miniature of the insignia, a lapel pin and a certificate signed by the Chancellor and sealed with the Seal of the Order.

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Net debt and liabilities

In the next of this series of snapshots of the provincial government’s financial state, let’s take a look at few more charts.

First, there’s net debt.  That’s the sum of assets less liabilities.  This table was taken from data compiled by RBC economics from provincial budget documents going back to 1981. The scale on the left is measured in millions of Canadian dollars.

net debt 81-09f That big jump in 1993-1994 can be directly attributed to changes in federal transfers instituted to deal with the federal government’s financial problems and the recession which had begun three years earlier.

The jump in 2003 is one your humble e-scribbler can’t readily explain and there seems to be some discrepancy in the government’s financial statements.  RBC has used the second set of figures but there seems to have been a revision done in 2004 to the figures for the previous year.

The big drop over the two years between 2006 and 2007 is attributable to one thing and one thing only:  a doubling of the provincial government’s financial assets, basically represented by temporary investments. That’s all oil royalties flowing from  deals struck before 2003.

So when you see the provincial government crowing about debt reduction, they are really talking about the increase in cash they have, not the real reduction in liabilities. There is $1.8 billion in temporary investments held by the provincial government directly and another pile of cash and on-financial assets in various agencies and Crown corporations that brings the total assets up to $4.4 billion.  The $12.4 billion in liabilities minus the $4.4 in assets gives you the current net debt of $8.0 billion.

That’s clear from the second chart which shows only the liabilities as presented in the Public Accounts from 1998 to 2008.

liabilities 1998-2008 The dip in liabilities in 2007 into 2008 comes from a drop in the unfunded liability in public sector pensions.  That number was cut in half by a combination of spending by the provincial government starting under Grimes and continuing under Williams.  But the biggest part of the drop is directly attributable to the $2.0 billion one time payment from the federal government in 2005.

Now some smarty-pants will notice that there hasn’t been a huge drop since 2005 that would equal the $2.0 billion plus a few more contributions that brought down the unfunded liability.   Well that’s because there have been some other liabilities incurred since 2005, like some new borrowing.  Overall, though, there has been a reduction in the total liabilities with the biggest reduction being the change in unfunded liabilities. 

Incidentally, that pension liability is still there but there is now cash to deal with it. 

Now as a last chart, let’s take a look at the net borrowings numbers.  We looked at the net borrowings per capita, but let’s look at the actual net borrowing figures for the past decade. Remember that  net borrowings are the total amount borrowed less any money set aside to pay the debt when it comes due.

net borrowing 98-08 Net borrowing is about a billion dollars higher than it was a decade ago.

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14 December 2009

Hebron changes: uncertainty over implications of work cancellation

Under questioning in the House of Assembly on Monday, natural resources minister Kathy Dunderdale couldn’t point to a section of the benefits agreement that allowed a replacement of work cancelled by the Hebron partners in September.

Dunderdale could only say that there was an unspecified “sub-agreement”. 

She’ll probably have trouble finding the magic clause she thinks is there.  The benefits agreement is specifically identified as a stand-alone document that isn’t affected by other parts of the overall deal except as provided within the benefits agreement.  There’s no section that refers to offsets for cancelled work.

Dunderdale told the legislature the provincial government was represented through NALCOR Energy as the equity partner when the decision was made to chop the “sub-sea drilling template and the components of the field mooring system and positioning and docking system.”

However, when asked about the potential impact on communities like Marystown, Dunderdale answered as if the provincial government didn’t have an equity stake:

Mr. Speaker, some of these questions are better put to the operators to explain the scope of work, the magnitude of work, the kind of expertise that is required and the kind of services that are going to be required to do this work. All we can do, as a government, is negotiate an offshore oil and gas project with specific benefits around the kind of work that is required to construct. In this case, Mr. Speaker, modification needs to be made in order to reduce delays and proper execution.

She’s right, of course.  The 4.9% stake amounts to exactly nothing when it comes to substantive decisions if the government acts as an oil company/partner. The Big Players needed to “reduce delays and [ensure] proper execution” and the provincial government – apparently reduced to a bit player -  simply followed along.

That evident lack of control exercised by the provincial government is the opposite of what people were told when the equity stake idea was being sold politically. But it is consistent with the spirit of a section of the financial agreement that obliges the provincial government to back the oil companies on any regulatory issues as the oil companies see fit.

The Hebron partners were originally supposed to submit a development application this month to the offshore regulatory.  However, the changes made to the fabrication program a year after final agreements were signed points to the potential for further delays.

The Hebron project is not yet sanctioned by the partners.  Under the agreement with the provincial government, they do not have to sanction the project – that is approve it for development – at all.  They don’t have to green-light the development even if the project clears regulatory approval.

The final agreements signed in 2008 provided for less oil and possibly fewer local benefits than the 2007 memorandum of understanding.

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Net borrowings up since 2000

 

Net borrowing per person is higher now than it was in 2000, according to the province’s audited financial statements.

net borrowing 00-04In Fiscal Year 2000, net borrowings  - accumulated borrowing less money set aside to pay off debt when it comes due (sinking funds) – stood at $10,684 per person in the province.

The number hit $13,074 in 2004 and has stayed in the same neighbourhood ever since.  Part of the reason for that is a drop in population since 2004.  The other reason is the increase in net borrowings since 2000.  Net borrowings increased in the period from $5.8 billion in 2000 to $6.6 billion last year.

net borrowings 04-08

 

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13 December 2009

Energy audio and video roundup

1.  From CBC New Brunswick, a panel discussion involving the leader of the New Brunswick Conservative, Green and New Democratic parties and energy minister Greg Byrne.

2. From CBC Newfoundland and Labrador on 01 Dec 09, an interview with former premier Roger Grimes on the latest developments in the Churchill Falls saga.

3.  CBC Radio Crosstalk with guest Jim Feehan discussing Churchill Falls.

4.  Premier Danny Williams scrums with reporters after a speech in Calgary. At no point does Williams point out for the Alberta reporters that he spent five years trying to get Hydro-Quebec to take an equity stake in the Lower Churchill without any discussion of redress for the 1969 contract but couldn’t get them interested.  That was at the same time that he insisted that he wouldn’t cut a deal with HQ without redress.

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Indebted to Ottawa

The provincial government owes the Government of Canada more than a half a billion dollars in a combination of overpayments for federal transfers and a loan received in 2005.

That’s according to figures contained in the provinces audited financial statements known as the Public Accounts. The federal debt for 2008 was $535,150,000 down from $568,247,000 in 2004.

But in  Fiscal Year 2004, the total amount owed to the federal government stood at $191 million, made up entirely of accumulated overpayments for Equalization and health and social transfers.

In the way the transfers are made, overpayments occur for every provincial government and every provincial government has some level of debt from this source. The overpayments result from the difference in using estimates of taxation and population to make calculations in advance and then comparing those with actual performance calculations made after the payments are set and dispersed.

In Newfoundland and Labrador’s case, the provincial government  - and some other provinces – took advantage of a federal interest free loan in 2004.  Under a measure announced by then finance minister Ralph Goodale, provincial governments who had qualified for Equalization in the preceding the years could qualify for an interest-free loan from the federal government. 

Newfoundland and Labrador received a loan of $378.4 million.  About $100 million of that has been repaid.

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On the one hand…

Jean-Thomas Bernard, economics professor at Laval, finds the Hydro-Quebec move to the Maritimes a bit puzzling since he believes that HQ will have to bring expensive power online to feed the Maritimes.

"My position is that cheap hydro is gone, definitely gone," Bernard said.

"We still have a fair amount of (undeveloped) hydro but this is expensive hydro. We're talking about 10 cents (per kilowatt hour), 12 cents," he said, referring specifically to the Romaine megaproject far from Montreal on the province's north shore - poised to begin bringing 1,550 megawatts of power online for Hydro-Québec in 2014.

On the other hand, Jean-Thomas Bernard also thinks that New Brunswick would actually win from this deal:

However, Bernard said in the long-term Hydro-Québec may regret this deal because the corporation may wind up selling its power to New Brunswick at a much cheaper rate than to its other customers in the United States or in Ontario.

The same issue is at the heart of both Bernard’s comments.  He is looking at the pricing issue and the cost of developing new power projects.

In the short-term HQ gains markets;  in the medium to long term it may face a situation where it could sell the power more lucratively elsewhere but be forced to sell at lower prices in New Brunswick under the terms of the MOU.

It’s an interesting observation about a complex issue.

But here’s an idea for you to consider:  if La Romaine and other new HQ projects are being developed at the price of around 10 to 12 cents per kilowatt hour, how would the Lower Churchill compare to that?

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12 December 2009

Prov Gov quietly buys into optical manufacturing

In 2008, the provincial government quietly invested $277,000 in First Choice Vision Centre according to the audited financial statements of government released recently by the provincial finance department.

There’s no news release or ministerial statement on the cash from either the business or innovation departments in 2008.

First Choice operates retail eyeglass stores across Newfoundland and also has a lens manufacturing facility.

The government received shares in exchange for the cash but there is no information on government’s website that gives any indication what the cash for for.

Unlike previous years, the 2008 audited financial statements contain no explanatory notes on investments.

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Dead companies still on government asset books

The provincial government is still carrying shares in two dead companies on its books as assets even though the companies are now out of business and the chances of recovering any cash from them is virtually non-existent.

A total of $1.0 million in shares in Consilient and SAC Manufacturing are still listed as investments in Volume II of the Public Accounts, the audited financial statements for the provincial government.

SAC Manufacturing went out of business less than six months after the provincial government injected a half million dollars into that company.

Consilient, a high technology company, went bankrupt last year. it was featured in a report by the province’s auditor general on investments that, among other things, lacked adequate documentation and security.

Unlike past years, the Public Accounts section that includes these companies doesn’t contain any notes on existing holdings and any new ones acquired during the year. There is only reference to $3.3 million being available to write-off bad investments. 

There is no indication any of the investments have been written off. 

That’s despite a note in the 2008 audited financial statements which said the half million dollars for SAC Manufacturing would be written off over a year ago:

During 2006-07, the Province acquired 500 Class “B”Common shares at a cost of $500,000. Commencing in June 2007,
these shares are conditionally redeemable based on after tax earnings. All shares must be redeemed no later than 19 December 2016.

During 2007-08, the company ceased operations and, as there is now no reasonable prospect for redemption of these shares, the full amount of the investment has been included in the provision for investment write-downs.

That’s not the only peculiarity in the recent work by the auditor general about one of these companies. 

An omnibus report on previous audits, released in November 2009, made up the recommendation related to original audit.  The report replaced the original list of five suggested changes and actions with one that wasn’t made originally.  The AG then reported that the innovation department was making progress on the phony recommendation.

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11 December 2009

Hebron benefits not secured

The highly touted Hebron offshore oil project hasn’t completed environmental review, it hasn’t been sanctioned and there’s no development application yet but already the amount of work on the project is being scaled back, according to news release from the province’s natural resources department.

According to the release, project lead ExxonMobil has informed the provincial government that it won’t be building the “sub-sea drilling template and the components of the field mooring system and positioning and docking system.”

The release says the elements are “uneconomic and come with significant execution and schedule risks.”  Put another way that likely means the companies don’t believe the work can be completed in the province and the alternatives are too costly to consider.  The work will now be scratched entirely.

No provision for replacement in agreement despite Dunderdale claim

And while the provincial natural resources department claims the cancelled work will be replaced, there’s no guarantee that will actually occur.

The release quotes natural resources minister Kathy Dunderdale as saying that the provincial government “had the foresight to ensure that any such issues were contemplated in the Benefits Agreement and the replacement value of the work was captured and protected.”

There are no provisions of the final benefits agreement signed in August 2008 that cover such a cancellation.

And what’s more the release confirms there’s no such provision when it states that:

An amendment to the Benefits Agreement will now be developed by the parties to implement this arrangement.

If the situation was already “captured and protected” there wouldn’t need for an amendment – that is, a change – to the benefits agreement.

The benefits agreement contains a clause (3.3) which exempts the companies from having to provide any benefit contained in the agreement unless the offshore board approves the benefits plan, the federal and provincial ministers approve the plan and the project is sanctioned.

At least two of those three preconditions have not been met.

The agreement does contain a dispute resolution mechanism.  There’s no indication if that has been triggered or if it may be triggered should the companies and government fail to agree on replacement benefits.

Valuation of cancelled work “commercially sensitive”

But wait:  it gets better.

The same news release claims that “[s]hould the operator be unable to identify an equivalent amount of replacement work by June 30, 2010, a payment will be made to the province equal in value to the amount of work not replaced. These funds will then be used by government for a construction project for the benefit of the oil and gas industry.”

The public will never know because the department is refusing to release the value of the cancelled work.

Contacted today by Bond Papers, a spokesperson for the department refused to release what was described as “commercially sensitive” information.

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Can a bowtie be far behind?

Newly minted tourism minister Terry French seems to have a thing for Joe Smallwood.

Consider this bit of his answer to a question about the province’s tourism budget:

Do you know how many awards we have won in marketing in this Province? We have not won one, we have not won ten, and we have not won twenty - fifty-one awards.

French couldn’t have nailed the Smallwood trademark any better if he’d practiced it for hours with Kevin Noble.

There is no truth to the rumour that French was spotted recently in the mall looking for bowties.

But he might have asked Santa for one.

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Electro-Jihad: the national view

From CBC’s The National and the panel review of 2009, comes Chantal Hebert’s assessment of the most under-reported story being the Hydro-Quebec/NB Power deal. 

You’ll find it about half way through that vid.  A specific clip should turn up shortly and that link will go up instead, but for now you have to scan through the full vid of The National. [Update:  and here it is.]

The thing is splitting the Atlantic provinces, according to Hebert.  It raises questions about national policy in several different ways. Andrew Coyne and Rex Murphy quickly chimed in to add to the assessment.  All noted the absence of any federal party leadership on the issue since it has implications for national economic policy and the free flow of goods and services across the country. 

Chantal Hebert hit a particularly sore point that remains under-reported within the under-reported story, namely the split within caucuses over the issue.  The Liberals especially have a problem with Quebec and New Brunswick members of parliament going one way and the Newfoundland crew taking “their orders from you-know-who” in Hebert’s words.

How true that is, and if the panel had noticed Michael Ignatieff ’s comments when he was in St. John’s a couple of weeks ago, they’d have seen a much bigger problem facing Ig and the federal Liberal caucus down the road a ways.

Meanwhile, in another corner, you-know-who is leading his provincial Conservative troops back to their ideological home in the Conservative party after a brief sojourn in the petulant box.

Wonder what that means for some of the crowd in the Liberal caucus who’ve been taking their orders  - as Chantal put it – from “you-know-who?”

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Rorke’s other Drift

The present advocate reviewed the case again - and I cannot speak for the advocate, only what was given to me - he felt that the review was unnecessary but would continue based on the actions of the previous advocate.
That’s child, youth and family services minister Joan Burke during Question Period in the House of Assembly on December 10

She’s referring to retired judge John Rorke and a review of a tragic death in Labrador initiated by his predecessor. 

Now all these high-fallutin’ legal notions might be more than a humble e-scribbler can grasp but surely it is just dead wrong for someone to state an opinion on an investigation before it is concluded.

Wouldn’t this be like the judge saying  - before any evidence had been presented - that he could see no reason in wasting everyone’s time on this and entering a verdict right off the bat?

And it would be even worse  - wouldn’t it? - if, having made such a preliminary judgment, he then communicated that observation to someone outside his office.

Now if Judge Rorke, as he used to be, has reviewed the material collected to date and has reached a conclusion, he certainly has the power to do so and cease any further inquiry into the matter.

It’s spelled out clearly in the law:
18. The advocate, in his or her discretion, may refuse to review or investigate or may cease to review or investigate a complaint where…e) in his or her opinion the circumstances of the complaint do not require investigation; …”.
How very peculiar that the former judge would persist in a review which he had already decided was unnecessary and that he could stop on his own authority.

How very peculiar indeed.

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Fortis/ENEL Expropriation, one year later

Outside the legislature on Wednesday, Premier Danny Williams had this to say about the legal and financial problems that are still hanging around after last December’s seizure of assets by the government under a hastily compiled expropriation bill.

The expropriation will come with a purchase price, but Williams said he now plans to deduct the cost of severance and environmental cleanup from the final amount.

"So, if the possible environmental exposure and, or, the severance were X amount, and the amount that the assets were valued at were substantially less, well, then obviously there would be no payments of cash from the government," Williams said.

One of the great unreported facts of this expropriation – unreported by the conventional media, that is – is that the expropriation didn’t just affect AbitibiBowater.

Nope.

Included in the seizure were assets of Newfoundland and Labrador-based Fortis Inc and an Italian company called ENEL. 

The former was involved in a hydro project that supplied power to the former Abitibi mill at Grand Falls-Windsor and sold the rest to the provincial energy corporation.

The latter was involved in a hydro project at Star Lake that had absolutely nothing to do with supplying anything to the mill.  The Star Lake generating plant was built in response to a call for proposals by the province’s energy corporation about a decade ago. The plant supplied power to the grid to reduce emissions from the diesel plant at Holyrood.

Now if you take the Premier’s comments at face value you get a truly amazing thing and one that is unlikely to be swallowed that easily by the companies involved.

If there are any environmental liabilities related to the Abitibi mill, it would be quite a stretch to suggest that ENEL and Fortis somehow have any responsibility for them given that their operations were not for running the mill.  ENEL has got a real case in this respect, one would suppose.

By the Premier’s construction a company like ENEL could undertake legitimate business activities based on a government contract entered into in good faith by all parties only to find itself, in less than a decade, not only without the assets it paid for but without any compensation whatsoever for the government seizure.

And the excuse for stiffing them is that they somehow gained a liability for something they had no responsibility for in the first place.

This is one of those moments where you’d wonder if the Premier would be quite so calm about it all if someone were trying to pull the same stunt on him.

Meanwhile, one wonders if the rapprochement between the provincial Conservatives and their federal cousins might possibly have something to do with trying to get Ottawa to protect the Newfoundland and Labrador treasury from the fall-out of last year’s seizure.  The federal government has to deal with the international repercussions – like the NAFTA challenge Abitibi filed – but there doesn’t seem to be anything stopping the feds from recovering their costs once the international bits are settled.

Of course, all of this really makes a mockery of recent efforts by the provincial government to win sympathy for its case against Hydro-Quebec.

If the Americans really started to care about it all anyway, might those same New York financiers who supposedly listened sympathetically to the luncheon speech a couple of weeks ago feel quite so favourably disposed to the Premier’s cause if they got the full story on how Fortis and ENEL got screwed over by the Premier’s seizure?

This expropriation business is a long way from settled and the bills are a long way from being paid.  Something says some of the bills won’t be settled in cash, either. 

Payback will be a mother.

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10 December 2009

“The overriding and paramount consideration…”

[One of the fundamental changes we have to make, Mr. Speaker, is our legislation. We have to review the legislation; we have to amend it. One thing that is fundamentally flawed with the legislation, Mr. Speaker, is the fact that it does not focus on the best interests of the child.]

Mr. Speaker, the previous government received a report in 1997, and on page 59 of that report it outlined what the focus should be in the legislation. In not one place did it say it should be in the best interests of the child. Do you know what? You took it, you brought it in and now we are left with the problems. [Update:  Paragraph added to give full context to the citation]

That was child, youth and family services minister Joan Burke evidently feeling a bit flustered at having to answer questions in the House of Assembly in her department. 

For some unknown reason, Burke blurted out that claim.

The only problem for Burke is that it isn’t true.

The 1998 Child, Youth and Family Services Act has a clause under a section titled principles.  The clause – number seven – states categorically:

General principles

7. This Act shall be interpreted and administered in accordance with the following principles:

(a) the overriding and paramount consideration in any decision made under this Act shall be the best interests of the child; [Emphasis added]

If there are indeed problems in Burke’s newly minted department it is most definitely not because the 1998 legislation lacked any direction about how the best interests of the child should be factored into departmental decision-making.

Let’s hope that was just a flub under pressure and not symptomatic of Burke’s grasp of her new department’s responsibilities.

How much more wrong can she be? Update:  labradore cites two other sections of the CYFS Act that also mandate the best interest of the child take paramountcy.

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And people used to listen to Milli Vanilli, too

In his most recent column, Telegram editorial page editor Russell Wangersky highlights a concern of his, namely the practice in the prime minister’s office of pumping out huge volumes of still and moving images of the prime minister and pushing them into newsrooms across the country.

But the concept of having political staffers take over or contract out control of the reins of one part of the media has some interesting repercussions.

Which part? Editorial control over images of the prime minister.

Wangersky’s column highlights different aspects of the issue beyond just pushing out large quantities of content.  There is the control over access to events such that only the PMO staffers will be there, not reporters and shooters for the news media. 

Then there’s the problem of what Wangersky terms falsification:

One picture of Harper on stage at the National Arts Centre was released earlier this year as a still of him performing in front of a live audience. It was later revealed that the photo was staged and shot during a rehearsal, but the only reason that came out is that press photographers figured out the angle the photograph was taken from, and knew that no photographer had been in the centre of the stage during Harper's performance.

Wow.

Now this is not the first time someone on the editorial side of the news world has raised issues about this sort of thing.  A couple of years ago, controversy erupted in the United States over video news releases produced by or on behalf of the Bush White House.  The VNRs, as they are called, were short video versions of a news release done in the style of a television news cast. They were all clearly labelled when they were sent out as to where they came from.

The controversy surrounding VNRs is much wider than just the Bush example, though.  VNRs were turning up in news casts as if they had been produced by a news organization like Associated Press, Canadian Press, Reuters or any of a host of others. Viewers didn’t know the difference since the source of the video was never identified.

Now from perspective of someone in the public relations business – where your humble e-scribbler toils – Wangersky’s comments come across as a bit curious.

You see, sending out photos, videos and even news releases is basically just a way of getting information into the hands of reporters and editors.  That’s all it does.  They get to read or view the material and then decide what – if anything – they want to do with it.  In and of itself, the act of sending out this material doesn’t do anything to control any media reins. 

There is nothing either new or novel in hiring photographers to shoot your event.  it’s been happening for years in civilian settings.

In some instances, such as military or coast guard situations, having a civilian shooter just isn’t always practical.

Face it, if you’re the public affairs officer at 103 in Gander, you just aren’t going to roust the Telly photo editor out of bed at three in the morning to go along for a ride to some mission off the coast. His family and neighbours might not like the helicopter stopping off in his backyard anyway. 

But aside from that and the fairly obvious liability issues, there is only so much space on the aircraft.  Any civilian shooter becomes just so much excess baggage at that point.  in a tough spot, he or she is just damn well in the way. At least if the PAO sends along the military photo tech, that person has some skills and abilities to offer to support the mission directly if the need arises.  In the meantime, the photo tech stands a better chance of getting a dramatic, high-quality shot that otherwise would never be seen .

Now some of you are already squirming that what Russell talked about in his column is different.  In some respects it is.

But in others it isn’t.  There’s fundamentally nothing different from what Russell described and hat happened 20 years ago and more in this province, back when all the newspapers weren’t owned by the same company.  All that has changed is the technical way photos and other content get to the editors away from the major centre.

The choice on what to do with the material remains with the editor.

Incidentally, that’s what the VNR problem really was:  some editors in some markets were passing off the VNR as if it was something put together at the local station or by some other news organization. 

The situation Russell described becomes a problem in two situations.  One is where the editors don’t label the content to tell their audience where it came from.  The second is where an organization like the PMO is restricting news media access solely to force them to use PMO content.

Not so very long ago, neither one of those things was very likely. If the PMO tried to push that kind of control, there’d be howling from every editorial space in the nation.  Blackball a reporter and you’d quickly find crappy stories running about your guy on the front page of every section, including sports and the comics.

As for the cut and paste job, there might be some of it but for the most part there were enough scribblers and shooters to generate the content for the daily paper or the evening news.  On the PR side of the street you could try and see how much of your copy got through the editors but the best anyone could usually do was about 60 to 70 percent on a straight-up story. Well-written copy in a news format would just sail through.  On anything controversial you would watch that number slide downwards toward zero pretty fast.

Not so much any more, though.  These days newsrooms are strapped for cash and bodies and they need to generate more content for more platforms. Even the absolutely worst government news releases full of turgid government-speak will find their way readily into a story in print or radio.  The most simple of claims – I have letters of support from all the Premiers – is unlikely to stimulate the question “Can we have copies, please?”

If it does happen but nothing shows up there really isn’t much anyone can or will do about it.  News outlets need content and in today’s environment a large, well funded bureaucracy that spits out content at a high rate of speed will easily swamp everyone and everything.  No editor has the time or money to get people look at other angles and if the reporter gets cut off, their access to content disappears.

No content means no broadcast or paper, that is no vehicle.  No vehicle means no advertising and no advertising, no money for salaries.  It’s a vicious circle. Audiences are dropping anyway, so any further loss of revenue has huge implications.

Even budget allocations at the Mother Corp are driven to some extent by ratings. If your show has no listeners or viewers, rare is the one that can survive come budget time. No one in the conventional media is immune from either the cause or the effect.

The power balance between reporter and the ones reported on has shifted decidedly in favour of the latter. What made Paul Oram’s moaning about CBC so laughable is that whatever they did to him was but a pale shadow, a caricature of the roasting then social services minister Charlie Brett got in the late 1980s after suggesting that juvenile delinquency could be reduced if women stayed home and looked after the children. Imagine if he’d suggested paying cash bonuses for live births.

The power balance has shifted alright and it is not a healthy trend.  Refusing to use the content – as Russell suggests – won’t stop the flow.  These days, the PMO can count on competition for scarce dollars to make every confrontation with reporters an object lesson in The Prisoner’s Dilemma. 

And if nothing else, the Internet allows any organization to reach a very specific audience without having to work through the filters of reporter and editor.  How long will it be before an organization can target its external comms straight at its audiences and hit exactly who they want to hit with what they want when they want?

When newspapers, radio and television were the only game in town, people on both sides had to play nice.  These days, a government comms director who gets word the Telly is refusing to take government content will have a great laugh and then line up another call to Open Line for The Boss.

If Randy doesn’t fit the need, there’s always another reporter a blackberry PIN or e-mail away who will gladly take what you’ve got in the shop window that day.  Offer it up as a “such and such a news organization has learned…” and you can be guaranteed the hook will be well seated not just in the flesh but in the jawbone itself.

Times have changed.

The space at the Telly, for example, used to be valuable, even for Joe Smallwood in the hardest hitting days of Ray Guy.  Even a decade ago, Brian Tobin could feed stories to a reporter at the Telegram knowing that by getting its front page – as he usually would – Tobin could also pick up the two television newscasts right behind.

These days when a paper can manage to squeeze a week’s worth of copy  - and a couple of front pages - out of the Premier’s rehashed and recycled comments from an editorial board, the perceived value of that print space has dropped like the price for those old Milli Vanilli tapes tucked away in the attic.

That’s not the way it should be, but that may also be irrelevant.

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08 December 2009

So where’s the local crew this time?

What was the point of going to Arnold-land, if you didn’t also plan to go to Copenhagen?

After all, New Brunswick is there talking climate change.

Update:  Darrell is on his way to Denmark, too.

Volatile UpdateCharest is going. So is Gord Campbell.

“Steve” Update:  And of course Steve is going carrying an argument backing Alberta that looks suspiciously, conspicuously familiar.

So far, not a peep from the Government of Newfoundland and Labrador.

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Walsh guilty

In his decision Monday, Judge David Orr found former Liberal cabinet minister Jim Walsh guilty on two of three of the charges against.

Orr found Walsh guilty of fraud and breach of trust by a public official.  Orr found Walsh not guilty of frauds against the government, a bribery and corruption charge.

He’ll be back in court January 6 for sentencing.

Walsh recently filed for bankruptcy in Alberta where he currently maintains a residence.

In 2006, the province’s auditor general found Walsh had filed expense claims beyond approved limits totalling almost $300,000 in the period between 1998 and 2003.

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To Have and Have Not

Listening to Tom Marshall blame the current provincial government budget deficit on the federal government’s changes to Equalization last winter brought to mind an old story which hasn’t been properly told.

You may recall that in November 2008, Premier Danny Williams called a surprise news conference one Monday evening to proudly announce that the provincial government no longer qualified for Equalization.

Everyone cheered.

Williams himself used the news as a key part of a party fund-raiser a few days later.

Some people made a video of the speech.

The whole thing made the national news.

Then in January there was the great meltdown on top of all the other Equalization meltdowns.

What didn’t make the news was that the provincial government had actually been working a plan – all along – that would have kept the provincial government receiving Equalization in 2008 and 2009. There’s nothing new in that.  Successive provincial governments have ensured that Equalization decisions worked to bring the provincial coffers the most cash.

The start of the tale is the 2007-2008 mid-year fiscal update, issued in December 2007.  The document has mysteriously disappeared from the provincial finance department’s website, but as BP quoted it when the update first appeared:

…the province can optimize cash revenues in 2007-08 by electing to move from the fixed framework Equalization formula to the new formula [O’Brien] this year…

The provincial government made a decision on the formula in March 2008 but by that time, they’d changed position:

We conducted a thorough review of this updated information, and determined that it was no longer in the long term financial interest of Newfoundland and Labrador to elect the new formula for 2007-08. … Provincial analysis indicates that, based on the legislation as amended, we would expect to receive an overall positive impact on the Newfoundland and Labrador treasury of over $300 million for the five-year period ending 2011-12…

That’s actually consistent with something the Premier told Jeff Gilhooley in March 2007.  Danny Williams said the provincial government planned to flip to O’Brien in 2009 in order to maximise revenues. And Williams noted the same decision in his November 2008 scrum.

How lucrative that plan could have been only came to light in January 2009 when the federal government unveiled a budget originally readied on a contingency basis the previous December.

equalization numbersA one-page analysis released by the provincial finance department in early 2009 shows the provincial government’s plan would have delivered almost $900 million in Equalization in 2008 through a combination of the O’Brien formula and the 1985 Atlantic Accord Equalization offsets clause.

The number marked with a red exclamation point in the picture at right is next to a line labelled “EQ[ualization] previous year (Actual FF or pre-cap OB)”.

“Previous year” would mean 2008.

That means that in making the calculation for 2009 to show how much was being lost, the finance officials actually showed how much the provincial government had been hoping to collect in 2008, the year the Premier had already declared the provincial government would no longer receive any Equalization.

And just to reinforce the point, that newser took place the better part of a year after the provincial cabinet decided to delay switching to O’Brien in order to maximise its Equalization cash.

Now in November, the Premier answered a direct question from a reporter directly. He said the decision had not yet been made. And that was strictly true. Of course that was after saying the province would no longer qualify for Equalization, supposedly under any circumstances.

In the event, the provincial government made an election in early 2009 and received $116 million in Equalization.

That’s right.  In the year the provincial government supposedly no longer qualified to receive it.

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07 December 2009

If it looks too good to be true…

While gross domestic product in Newfoundland and Labrador is now forecast by the provincial finance department to shrink by 8.5%, finance minister Tom Marshall today forecast he expected to receive $520 million more than budgeted last year in oil royalties.

That’s pretty much typical of the incongruity between what the  “mid-year” financial update said about the economy and Marshall’s prediction of higher than expected revenues.

Here’s a summary of the 2009 economic performance to date in Newfoundland and Labrador, as presented by the finance department:

  • Real gross domestic product is now expected to decline by 8.5% compared to 2008.  That’s worse than the 7.7% drop forecast last spring.
  • Oil production in the first nine months of calendar 2009 is down 20.6% compared to the same period in 2008.
  • Despite that, the revised budget projection is for an increase in oil production to 101 million barrels by the end of March 2010 compared to the spring projection of 98 million barrels.
  • The value of oil production is expected to decline by 45% compared to last year.  That’s on a calendar basis. 
  • Government oil royalties on an accrual basis is expected to be $1.813 billion, an increase of $520 million over the forecast in Budget 2009.
  • The value of mineral shipments is expected to be down by 56% compared to 2008.
  • Mining employment down by 9% compared to 2008.
  • Paper production is expected to be about 47% lower than in 2008.
  • Retail sales and personal income are up slightly compared to 2008.

Some quickie observations:

Apples and oranges comparisons: Most of the economic information presented in the update compares performance over a calendar year while the budget works on a fiscal year. 

To illustrate how this can have a distorting effect, consider that oil production in the first three months of calendar 2009 remained at 2008 levels of 10 and 11 million barrels per month.  However, during fiscal 2009 thus far (starting in April) , monthly production has averaged about 30% below that.  The first three months artificially inflate the average for the calendar year compared to the fiscal year.

Triple the year-to-date oil revenues and then some:  As BP reported earlier, oil royalties in the first half of fiscal 2009 (Apr to Sep) totalled about $488 million.  September’s royalties were 60% below the monthly average needed to hit the spring budget projection of $1.3 billion on an accrual basis.  Overall, royalties are running about 15% below forecast.

The fall update now projects oil royalties at $520 million higher than forecast. That’s 40% higher than forecast, despite the prediction that the value of oil production will be down by  45% and that production will be down by at least 20%.

Oil royalties are function of price and production.  Even if the royalty rate is higher in 2009 than 2008, lower production and lower average prices should produce lower royalties. 

As it is, the revised oil royalty is only 8% below 2008’s figure despite a projected 45% drop in value and a 20% drop in production.

A missing chunk:  On page nine of the budget speech from last spring, then finance minister Jerome Kennedy blamed the deficit on two things:  the impact of the stock market on pension investments (about $380 million) and lost Equalization revenue owing to changes in the formula for 2009.  That part was supposed to account for about $414 million.

There isn’t a single word about the pension plan investments and their current valuation in the update.

Hmmm.

Read the fine print:  While things might just turn out to be as rosy and wonderful as the budget forecast, it might be useful to bear these words in mind.  They come from page five of the budget update document itself:

However, at this time, there are four months remaining in the fiscal year, and there are many factors and uncertainties which may impact year end results.

Uh oh.

This wouldn’t be the first government that blew smoke to try and keep consumer wallets open through a rough patch.  There are plenty of things in this budget update that don’t add up.  Maybe they aren’t supposed to unless you realise that this update was less about the facts and more about the torque.

Whatever happens, we’ll know for sure in the spring.

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“I love you, Paige. I hate you, Dennis” - hydro project version

Fans of the old soap Another World will remember that hideous storyline from about 30 years ago, as lampooned by Codco or Sexton and Malone.

Well, the relevance will become clear in a minute:

1.  The used to be a thing dating from the 1970s called the Lower Churchill Development Corporation.  LCDC was a partnership of the federal (49%) and provincial (51%) governments to  develop the Lower Churchill hydroelectric project.

2.  The current provincial administration spent the time between 2003 and 2008 looking for a cash commitment from the federal government to build the thing.

3.  The feds – at least the Steve Harper version – may or may not have committed to some sort of loan guarantee, but if they did that likely came with equity strings attached.  No biggie of course since LCDC contemplated the feds have a 49% share.  There was no reason why that number couldn’t be scaled back if the provincial government didn’t want to share that much.

4.  Then in 2008, the provincial government decided to trash the LCDC and give the water rights on the Churchill River to NALCOR.  They didn’t repeal the old LCDC Act, oddly enough, but natural resources minister Kathy Dunderdale said the government had decided to go a different route with the whole project.  Well at least “different route” in the sense that the company created to develop the project would still exist on paper but have its water rights stripped away.

5.  But now we are told that federal cash is essential for the project to continue. Well, it’s hard to tell if that little VOCM story means cash or just inolvement in some other way.  This is starting to sound like the Great Myth of Pearson’s Refusal

How exactly does anyone keep track of all the shifts, changes, twists and turns in the saga?

It’s tough.

But worth it.

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NL Hydro intervenes in Hydro-Quebec FERC application

The way some people talk, you’d think this was the first time Newfoundland and Labrador’s energy company had intervened in the United States over wheeling rights for electricity from Labrador.

Well, for those who think that, guess again.

The year was 1997 and then-mines and energy minister Rex Gibbons announced:

"Hydro's objective is to secure the province's right to transmit electricity from Labrador to North American markets on terms that are open and non-discriminatory. … This is consistent with FERC's Order 888, requiring that `Customers in the United States should not be denied access to cheaper supplies of electric energy, whether such electric energy is from a domestic source or a foreign source'."

As it turned out, NL Hydro cut its first deal with Hydro-Quebec a couple of years later to sell surplus power from Churchill Falls.  The first deal was a straight sale to Hydro-Quebec.  The price at the Quebec border was basically the same as the price obtained at the US border or farther south, after all the wheeling and other charges were taken into account. As you can see from this 2000 backgrounder, NL Hydro has been on top of the whole issue for some time.

Curiously enough, the situation hasn’t really changed all that much in 10 years or so, despite all the chest thumping that’s been going on lately. NL Hydro gets roughly the same price per kilowatt hour from the April deal that it got from the previous deal  - signed in 2004 – that saw the power sold to Hydro-Quebec at the border.

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06 December 2009

The Transmission Skirmish: more documentation

The Telegram’s Rob Antle did a bang-up job of shedding some extra light on the ongoing skirmish between Newfoundland and Labrador Hydro and Hydro-Quebec over transmission of electricity through Quebec.

So far all anyone has had has been the Premier’s characterisation of the whole affair.

Well, for the record, here is the link to what appears to be the ongoing kerfuffle as it appears before the Quebec energy regulator agency, the Regie d’energie.

But if you scoot along to the United States Federal Energy Regulatory Commission – better known as FERC – you’ll find there a copy of a decision taken last November.  This is one of the documents cited in Antle’s piece.

Now the interesting thing is that all of this fuss happened before last spring’s announcement of a deal to wheel power through Quebec and sell it to Emera. Newfoundland and Labrador Hydro will pay Hydro-Quebec $19 million annually in wheeling charges on the block of power.

The Premier was fulsome in his praise for the deal at the time:

“This is truly a historic and momentous occasion for the people of our province, as never before have we been granted access through the province of Quebec with our own power…”.

Curious that he is now talking as if that whole deal never happened and that the provincial energy corporation can’t ship a watt of power through Quebec.

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A new look and some changes

Welcome to the new look for Bond Papers.

There’s less than a month to go before the fifth anniversary so what better time to spruce things up with a fresh look.

Right smack in the centre is the stuff you come for.  That hasn’t changed. Some of the posts may be a little out of whack – especially in the bigger images on older posts – but hopefully that won’t distract too badly.  Those will get fixed as time permits.

The side columns will take a while to re-populate.  Some of the widgets and gadgets will be back. Some new stuff may appear. The whole thing is a work in progress so bear up while the renovations are underway.

E-mail subscribers should still get their daily dose via feedburner. Otherwise, RSS is readily available.  You people who do google searches every day for Bond Papers should just save the time and click on the little orange symbol.  it’s so much easier.

If there’s something missing you’d like to see, just drop a line at bondpapers  at hotmail dot com and your humble e-scribbler will see what can be done to meet your request.

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When Worlds Collide

There is one Steve who is dear, oh so dear to the Premier’s heart.

We speak, dear friends of Danny Williams former law partner – Steve Marshall – who apparently came out of his self-imposed Internet retirement this week to leave a comment on a column by Telegram editor Brian Jones.

Now others have taken a few smacks at Steve as you can see from the stuff after his little rant, but for this post let’s look at his words from another angle or two.

For starters, there is nothing in Brian Jone’s column that should leave Steve evidently so overwrought that one would suspect a youtube video cannot be far behind.

Besides, if the wind beneath Steve’s wings is really enjoying the “the highest of approval ratings from us out here in that real world”, Steve should hardly be so distraught he must not only pen a comment criticising a Telegram editor for a column but also drag in another fellow who wasn’t mentioned in the column, and who does nothing more exciting than clack out a few words on a small corner of the Internet.

No, he wouldn’t.

So what gives?

Simply put, Steve is like Tony the Tory.

He is a barometer, if you will, of the mood in certain circles.

The mood is evidently quite black.

You can tell it is black not only because Steve is haunting the comments sections again but also because Steve uses all the classic Fan Club arguments – hugely popular, tireless toiler for the peons like us blah blah blah – and the usual direct personal attack using equally shop worn invective against those who are, in Steve’s World anyway, defilers of the Kingdom.

Yes friends, those of us who dare to speak our minds do not live in what Steve considers the real world.

Yet consider this: for the past three years or so, your humble e-scribbler has faithfully and regularly warned that provincial government spending was unsustainable.

What with the known pressures on spending for health care that are already here and will grow, with the changes in the work force and all the rest, it would be folly to raise government spending to incredible heights in such short period based solely on highly unpredictable oil prices and without doing something significant to pay off debt. That is a opposed to masking it with an assets and liabilities statement about the “net debt”.

That’s what has been one of the major themes here in what Steve would regard presumably as the unreal world.

These are views that Steve would likely characterise as being “negative, pessimistic, constant, repetitive and downright boorish”.

And incidentally, your humble e-scribbler was not alone in his wicked contentions. The Auditor General said the same thing, in slightly different words. According to finance minister Tom Marshall, even one of the province’s bond raters even asked about sustainability.

How odd then that in the past few weeks, the Object of Steve’s Affection and his key ministers have acknowledged that provincial government spending is …wait for it… “unsustainable”.

This is what happens when unreal world lawyer/businessman Steve lives in meets head-long the world the rest of us toil in to earn our crusts of bread.

You get that sort of jarring disconnection in which Steve leaps to the defence of someone who – by his own account – would [not] need any defence whatsoever from the peanut gallery.

Then you hit that arresting moment when he winds up attacking with such vicious personal slurs the very person he supposedly defends.

2012-movie-431x300And above all else, you see not so much what Steve wants you to see, but really a hint that maybe some great upheaval is about to take place; okay, well at least that some people are shit-baked their world is about to come to a crashing end.
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05 December 2009

September oil royalties 60% below budget forecast average

High prices and better royalty rates on Hibernia didn’t offset oil production declines in September for the Newfoundland and Labrador offshore.

Oil Prices downAccording to figures released to Bond Papers by Natural Resources Canada, Newfoundland and Labrador’s oil royalties for September were $40, 290, 252.18. 

That’s only 40% of the $105 million monthly average needed to meet projections in the spring budget. The provincial government  forecast oil royalties of $1.262 billion for Fiscal 2009, or about $105 million per month.

As reported in November,  figures obtained from Natural Resources Canada showed provincial oil royalties were down almost 60% [on average] so far in 2009 compared to 2008 and were running [on average] 15% below provincial budget forecasts released in March of 2009. [In September alone, revenues dropped to 40% of the average needed to meet 2009 budget projections]

Oil production is down about 29% from last year. September oil production from Hibernia, Terra Nova and White Rose totalled 6,164, 839 barrels of light crude according to the offshore regulatory board.  October production was slightly more than 6.9 million barrels, about the same as May 2009 and continuing the trend thus far for the new year.

If those trends continue for the rest of the fiscal year, oil royalties for 2009 will come in at less than $1.0 billion. Without cuts to spending or increased revenue from other sources, the provincial government will have a hard time not to exceed its record forecast deficit of $1.3 billion on a cash basis.

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[Words and a sentence added for clarity]