Masters of our domain: the Danny Legacy Option wins Lower Churchill contract

Regular readers of Bond Papers will recall that in August 2005, we predicted that Newfoundland and Labrador Premier Danny Williams would chose the go-it-alone option on the Lower Churchill.

Today Williams confirmed the choice, in a vaguely worded news release. The release talks about the provincial government partnering with Newfoundland and Labrador Hydro; this is just a convenient bit of verbal fluff. Hydro is functionally a department of government. It doesn't partner with the provincial government: government tells it what to do.

The release is vague since it gave absolutely no indication of the business case supporting the decision. All we heard is that : "Today marks a turning point in our history as we acknowledge that we as a province are capable of leading and having full control of this process."

"We know that we are capable of executing this project in a way that will ensure we maximize the returns while mitigating the risks," the premier continued. "We have the experience, knowledge and capacity to take on a project of this magnitude and we are recognized as world leaders in hydroelectric operations and development. This is about doing it by ourselves, for ourselves. We are on a path to be masters of our own destiny and the successful development of this project will be a significant
step forward in reaching that ultimate objective for this province."

The release is also vague since it doesn't indicated where markets for the power will be. Under one option presented by Ontario and Quebec, Newfoundland and Labrador Hydro would develop the project on its own with Ontario and Quebec buying the power. (see below as well as the original Ontario/Quebec joint release from last year.) The timelines in the Ontario/Quebec proposal match those in the Williams new release today.

The biggest advantage of the go-it-alone option for the provincial government is that it gives the Premier total control of every aspect. As the Bond Papers noted last October (reprinted last week),

A genuine contradiction would exist if the [Progressive Conservative policy manual, the] Blue Book embraced the philosophies underpinning the Wells and Peckford approaches. It does not. Rather, Williams appears to be focused on control as an end in and of itself. For example, take this phrase dealing with prospective hydro development: "I'’d like to see us own the lion'’s share of the Lower Churchill...". The provincial government already owns the "lion's share" and can claim rents from electricity as a matter of owning it.

What Williams is talking about here is owning and controlling the company which generates the electricity.

Recent estimates put the project cost significantly above the CDN$3.5 billion originally suggested. In January 2006, CBC Radio used the figure CDN$ 9.0 billion or, put another way, approximately the same size as the current provincial debt. Since Hydro is a Crown corporation its debt is carried on the provincial government's books. The lower cost estimate is more than double Hydro's existing debt load (CDN$1.4 billion) while the higher estimate is over six times the current Hydro debt.

There is no indication in today's release of any possible role for Altius Minerals, a company that had proposed a financing option for the Lower Churchill construction and which is currently studying the feasibility of building a new oil refinery in the province. Premier Williams announced that private sector venture in February 2006. Altius proposal would see that company take a share of the project revenues.

According to a story in the Halifax Chronicle Herald, Danny Williams efforts to fund the Lower Churchill's non-Quebec route for transmitting power to markets other than Quebec was rejected by New York funders as being too costly and impractical.

In making today's announcement, Premier Williams appears to have discarded other proposals without indicating why. One, from Ontario, Quebec and SNC Lavelin offered two options. In one version the companies would fund construction and lease the generating facilities from Newfoundland and Labrador Hydro for a period of 50 years.

In the second option, Ontario and Quebec would sign a power purchase agreement with Newfoundland and Labrador Hydro for all the Lower Churchill's output for an unspecified period.

One of the major challenges in developing the Lower Churchill is finding a stable, long-term market for the power. The Ontario/Quebec second option would fit with the go-it-alone approach, or as we called it previously, the Pink White and Green Caribou Corporation. Long-term markets in Quebec and Ontario would help secure funding for building the Lower Churchill. Then only transmission infrastructure needed would be the additional lines needed to get the power from the Lower Churchill to Point A or some other location where the distribution system in Labrador meets the Quebec hydro grid.

Point A is the term in the Upper Churchill contract for the intersection of the Labrador and Quebec power lines. To avoid any references to the Labrador-Quebec border, the term "Point A" was inserted.

Outing another Lower Churchill company

Rob Antle's July 6 2005 story in the Telly on a proposed underwater cable to carry Lower Churchill power into the Maritimes ("Proposal would skip Quebec") was based on this story by Stephen Maher in the Halifax Chronicle Herald from Monday, July 4.

Keep your eyes peeled. There may be other Maher stories coming. He's been working on this for a while now.

In any event, both stories report on a proposal by British Columbia company Sea Breeze Power to run a power cable under water from Labrador to either Prince Edward island or Nova Scotia to hook into the Maritime power grid.

Certainly, the idea is technically feasible. Engineers can put the arse back in a cat with enough time and money.

Time isn't an issue here.

It's money and that's what ultimately affected the Upper Churchill too, despite the nonsense foisted on local audiences by everyone from former politicians to crap talk mavens.

It's the financing that remains a question. Someone has to pay for it and if it is built as part of the overall project, the one paying will be the end user. The project economics will have to ensure that the power gets to a consumer at a competitive price.

Note in Maher's story that some unnamed industry experts predict Labrador power can be taken to an American market for little more than a third the current market price of electricity in New York.

Be very skeptical of those figures, if only because the source is unnamed.

Be skeptical too because megaproject proponents (and their official and unofficial supporters) grossly underestimate the cost of their projects. They deliberately minimise the costs. The undersea cable idea has been around since the 1960s and what prevented it from working then was cost.

There's an interesting reference to an unnamed source in Newfoundland who talks about the premier heading off to New York to try and get financing for the secretive Sino-Energy deal.

Note that according to the unidentified source Premier Williams' requests for financing were rejected in New York because the idea wasn't seen a viable.

If that's true, (and I'd be very skeptical of the source unless the name is revealed or the information confirmed) then we have yet another piece in the mysteriously secret deal that involved a Chinese company under sanctions in the US for illegal arms shipments. Rob didn't report that part in his Wednesday story likely because he couldn't confirm it and I doubt very much that you'll see anyone here coming forward to comment on it.

Energy minister Ed Byrne lied to the House of Assembly about discussions with the company and government kept secret its business dealings with the company for upwards of six months before suddenly springing the news. These include a secret memorandum of understanding that gave the alliance of two Canadian and one Chinese state-owned company unrestricted access to any information they wished on the Lower Churchill project.

Later revelations by ousted Newfoundland and Labrador Hydro Board member Danny Dumaresque suggest the sudden revelation may have be triggered by fear in the Premier's Office that some members on the Hydro Board, who were questioning the projects internal financial arrangements, might leak news of the secret Chinese deal.

Local news outlets never really got to the bottom of Sino-Energy.

There are a couple of other things worth noting from these two stories:

1. Quebec is a net importer of electricity.

2. The shortest route and the cheapest costs of production and hence the greatest potential profit come from selling the power into Quebec.

3. Sea Breeze's Eugene Hodgson knows how to pitch a story (see the quotes at the end of the Maher piece) but his deeper understanding of Lower Churchill power may not be quite as slick.

4. There are actually several proposals that have been confirmed, even though these stories note only one.

- We know about the joint Quebec-Ontario government proposal which includes SNC Lavelin as the construction manager. This proposal also includes a significant upgrade to the power grid between Ontario and Quebec around Cornwall, an area very familiar to Fortis Inc.

- There is another proposal from Quebec alone. Since Lower Churchill talks resumed in 1990, Quebec has insisted it has sufficient demand for the Lower Churchill power to be the only customer. While the Prem's Office may be silent, there is reportedly another proposal from Hydro Quebec.

- There is supposedly a proposal from Upper Churchill engineer and Stunnel proponent Eric Kierans. I wonder what it might involve.

Ready for a better tomorrow

If the past is used by politicians like Danny Williams as a demon to frighten small children and the politically naive, the future is the great hope that will deliver the answer to all our prayers.

In the political religion of Newfoundland and Labrador, Tomorrow fills the role of Heaven: it is the place when all will be milk and honey and the travails of living in this place will be gone. Salvation cannot be achieved today - in this life - but we can be prepared for the time when we are taken up to Heaven and our great reward.

Yesterday's announcement on the Lower Churchill fits the bill perfectly.

Danny Williams and natural resources minister Ed Byrne invariably trotted out the spectre of the Upper Churchill "give-away" - the hardships of this life - as a contrast with the promise of riches and peace Tomorrow will bring now that Newfoundland and Labrador has decided to "go-it-alone" on an energy megaproject that would effectively double our provincial debt.

Other premiers have held out the Lower Churchill nirvana to distract from their short-term political hells. Frank Moores started the pattern. It was taken up more recently by Brian Tobin and Roger Grimes and always set against the pledge that what will be done tomorrow will not be as bad as what happened yesterday.

When Danny Williams announced the start of the Lower Churchill development process in early 2005, he predicted that right now would be Phase Three. This would be the time when the short-list of development options would be turned into detailed negotiations that would lead to Phase Four, more negotiations and finally Phase Five, that is the signing of a development deal and the start of work. Option 1 of the proposal submitted by Ontario, Quebec Hydro and SNC Lavelin followed that timescale. It anticipated construction would start in 2006 or 2007 with first power flowing to market by 2011.

But what Danny Williams announced yesterday was really the resetting of the clock to the beginning again. Now we will not see a decision about the viability of the chosen option until 2009 and first power will be achieved in 2015 at the earliest. Tomorrow is a day that apparently is hard to reach.

What is most remarkable about the most recent Lower Churchill promise is that the provincial government clearly does not have have a business case or a business plan to carry it forward. Most of the preparatory work on the Lower Churchill is done. Some work needs to be done to bring those older plans up to date, but what needs to be sorted is the financing. There must be a power purchase agreement, the consequent decision on delivery methods and then the negotiation of the considerable borrowing - likely double or more than double the provincial accrual debt load - that will let digging start on the first hole.

But there is no business plan to move this project forward. The go-it-alone option was inserted into the overall process in August 2005, at the last minute and apparently by the Premier himself. In the meantime, it has never been discussed publicly so that we can see the evident advantages, assess the risks and see why doing the Lower Churchill the Danny Williams way, in which the provincial government assumes the lion's share of the risk, is actually better - demonstrably better - than any other approach.

If there was a provincial government business plan, Williams and his minister would be speaking to it. They would be able to map out exactly the basis on which they have made their decisions. Yesterday's announcement would have been about getting into the heart of the challenge of developing the Lower Churchill's considerable hydro potential. Danny Williams, the self-described successful businessman would be talking like a businessman; that is, he'd about the "metrics" by which risk and reward are assessed in the real world where results and money count.

Instead, we got the usual rhetoric of Danny Williams the politician: masters of our domain, of the virtues of "going-it-alone", righting the wrongs of the Upper Churchill and how this decision confirms the Premier's previous judgments that the province is not afraid to be self-reliant:

- "...but the big message here is that we are masters of our own destiny, that Newfoundlanders and Labradorians are in control of this project for the benefit of Newfoundlanders and Labradorians."

- "By taking the lead we are in full control of the project, unlike the circumstance with the last government; that project, basically, was going to be controlled by Quebec..."

Hydro president and chief executive officer Ed Martin talked about the next steps for what they are: Hydro will take three years - 36 months! - to develop the go-it-alone option that we have already been told is better. Something we have not seen yet is better? How can anyone make such a judgment?

The reality of Newfoundland politics is typically very different from the promises of its clergy. The Lower Churchill announcement is no different. Newfoundland and Labrador has always been in total control over development of the Lower Churchill. In the early 1990s, when a deal was close, the provincial government was not prepared to accept a key condition of the project partner, Quebec Hydro. The Wells administration would not accept an extension of the Upper Churchill deal as a condition of signing a Lower Churchill agreement.

More importantly, though in every single discussion - bar none - Quebec Hydro was seen as a partner in the development, bringing its deep financial pockets and expertise in hydro megaprojects. This is exactly the same position Danny Williams mapped yesterday. Newfoundland and Labrador is seeking partners for its supposedly go-it-alone project:

- The federal government must provide loan guarantees. Danny Williams believes he has those already. Prime Minister Stephen Harper has made no such commitment publicly. Loyola Hearn, Harper's Newfoundland and Labrador representative, made no such commitment.

- Equity partners - that is co-owners of the project - are welcome to join in. Williams needs their deep pockets. Of course, in exchange for risking their capital and their credit, these equity partners will demand a return. Altius talked of a share of gross sales; others will put similar conditions on their investment. That too is identical to every other proposal, even the Upper Churchill contract. The party that puts its cash at risk expects to reap the financial rewards.

So what is different about the Danny Williams Lower Churchill compared to all that has gone before?

Precious little, in the final analysis. The outstanding issues are the same issues facing every other Lower Churchill negotiation. The financial issues are still to be settled. The project hinges on firm markets, guaranteed sales and the ability to raise huge amounts of capital. It depends on a balancing of risk and reward for all those involved. This is a project that we simply will not be doing on our own, no matter what Danny Williams claims. If it happens at all, there will be many partners. The rewards for Newfoundland and Labrador will obviously be very different from the Upper Churchill contract but they will not be - they can likely never be - as phantasmagorically wonderful as the vision Danny William laid before us.

And that, most of all though, is the key to understanding Danny Williams latest version of the Lower Churchill. At the very least, and like Brian Tobin before him, Williams has attacked past deals of any kind so vigorously and relentlessly that only a perfect Lower Churchill deal could survive political attack. Perfection is impossible in this life and so Williams' Lower Churchill is a deal he can never sign.

The function of the Lower Churchill is to serve as a distraction from the very real and very difficult problems in front of government. It is supposed to take our minds - and our media coverage - off the hardships of this life and fix them instead on the promise of our reward manana.

In the meantime, as preacher Tobin used to say, we must be ready for that better tomorrow when the rapture comes.