Bruce Power mulls building 2 reactors

Peter Geigen-Miller
London Free Press
January 30, 2004

Bruce Power is considering a plan to boost Ontario’s electricity supply by building two new reactors at its nuclear power complex on the shore of Lake Huron near Kincardine. The two, new-generation Candu reactors being considered by the Bruce partnership carry an estimated price tag of $2.7 billion and would produce 1,400 megawatts of power, enough for more than 460,000 homes.

Building and operating two such reactors would create hundreds of new jobs in the Kincardine area.

New reactors are a long-term project. Building two new units at Bruce would require three years of approvals and licensing and five years of construction, said Bruce Power chief executive Duncan Hawthorne.

He said a good business case will be needed for building new reactors and the company will want firm price guarantees before it decides to proceed.

Bruce Power said it also will examine the feasibility of restarting mothballed units 1 and 2 in the Bruce A nuclear station and refurbishing the four operating Bruce B reactors to prolong their life.

Given studies showing a shortage of generating capacity in Ontario, the time is right to consider building new reactors or refurbishing old ones, said Hawthorne.

Bruce Power has been buoyed by the successful restart of Bruce A units 3 and 4 after a $720-million overhaul.

The cost of the overhaul was originally estimated at $450 million.

Unit 4 was restored to service in October and unit 3 was restarted this month.

The reactors each produce 750 megawatts of power.

Bruce B’s four reactors will need refurbishing to extend their life, said Hawthorne.

"Without significant upgrades, Bruce B will reach the end of its original plant life over the next 15 years."

The study of refurbishing the two Bruce A units is expected to be completed by the end of the year.

It will involve a technical inspection of the units and an assessment of how much it will cost to upgrade them to current standards.

From previous experience, Bruce Power knows the project will involve the costly replacement of steam generators and reactor pressure tubes, said Hawthorne.

Bruce is an ideal site for building new reactors or refurbishing old ones, he said.

"We have a tremendously skilled workforce, a well-established infrastructure and a community that truly understands our technology."

The company’s announcement was greeted with glee by Kincardine residents.

"The community is ecstatic," said John deRosenroll, the municipality’s chief administrative officer.

"With the two Bruce A units operating and back in the (power) grid, employment has resumed and the economy is vibrant."

But Tom Adams of Energy Probe, a Toronto-based watchdog organization, doubts there’s much chance the two Bruce A units will be refurbished, given cost and time overruns for the work on units 3 and 4.

Bruce Power still must prove it is profitable, he said.

Building new units is even more unlikely, given the cost and the long lead time needed for such projects, said Adams.

"The time required creates a tremendous business risk."

Posted in Reforming Ontario's Electrical Generation Sector | Leave a comment

Energy Probe's testimony before the Ontario Standing Committee on Finance and Economic Affairs

Legislative Assembly of Ontario
Legislative Assembly of Ontario
February 2, 2004

The Chair: I call forward Energy Probe Research Foundation. You have 20 minutes for your presentation. You may choose to leave time within that 20 minutes for questions if you so desire. Please state your names for the purposes of our recording Hansard.

Mr. Thomas Adams: My name is Tom Adams. I’m representing the Energy Probe Research Foundation. With me today is Kal Vepuri, a research associate and visiting scholar.

We’ve prepared a brief presentation to guide our remarks, and our intention is to speak briefly to this presentation and to leave time for questions as much as possible.

Ontario faces a very substantial electricity crisis. This is something that our organization, Energy Probe, has been observing for many years. We are a small charitable organization located in Toronto. We depend on voluntary support from our supporters – we’re a charity – and also on the work of volunteers, who do much of the work of our foundation.

The subject that I wish to address with you today is Ontario’s electricity problems. At the outset, I observe that the committee has a very heavy day of hearings in front of it. We may be the only presenter appearing before you today not asking for money. In fact, our presentation is aimed at reducing government expenditure. We are alarmed by the current trend in expenditure in this area and believe that the current expenditure commitments are making Ontario’s electricity supply problems worse.

We really have three messages we want to leave with you today. The first message is that Ontario’s government-owned electric generating company is, in our view, not deserving of another penny of taxpayer dollars, either lent or given. The second point we want to leave with you is the urgency of moving Ontario electricity consumers to a regime where they pay the real cost of power. We can no longer continue to encourage consumption of electricity by subsidizing the price.

The third key message for today is to ask the committee to use its influence to ensure that we have higher standards of transparency around both the financial plans and financial reports of the crown corporation, Ontario Electricity Financial Corp. This crown corporation is one of the largest individual points of residency, you might say, of taxpayer liabilities in Ontario and yet maintains a very poor standard of transparency.

The crisis in our power system strikes us at many points in the power system, but Ontario Power Generation is at the centre of it. OPG is now running short of cash. In the middle of December, Minister Duncan identified a negative cash situation for OPG requiring an injection that may range between $300 million and $750 million this year simply to cover its costs. We believe that the taxpayers’ equity position in OPG is probably negative.

OPG is driving Ontario’s electricity crisis. It is the largest single cause, and the more tax dollars we allow to go into OPG, the worse the crisis has gotten and the worse it’s likely to get. The Pickering A project, which is OPG’s largest capital expansion program, is now a really serious hole in our power system. But we need to appreciate that OPG was always understood by Ontario Power Generation to be part of its competitive strategy. We believe that its purpose was to scare away independent investment in generation, and in that it was very successful.

The Pickering A project has scared away probably three or more times its own capacity in new investment in new power generation in Ontario. Pickering A’s indirect impact in terms of our power supply is much greater than Pickering A’s direct impact of not being completed on schedule and on time. In fact, the shortage that we suffered in 2002 was not so much a crisis driven by hot weather but by the failure of the Pickering A project.

We believe that by not putting any more tax dollars into OPG, it will force OPG to change its operations and become more efficient. OPG can achieve efficiencies in many areas of its operation, and one area of efficiency that it needs to, I think, look to is to sell some of its underutilized assets. OPG has a large inventory of assets sitting around that aren’t producing any value, like, for example, the Hearn generating station in Toronto.

We believe that a signal from the government that taxpayers are no longer going to involuntarily be investors in the power system will signal new investment that Ontario badly needs.

Ontario Power Generation’s problems are not problems of its institution alone. They are having a knock-on effect, driving up the debt of the taxpayer held at the Ontario Electricity Financial Corp. OEFC, as it’s called, is allowing the stranded debt to grow substantially.

OPG’s problems are a major driver of OEFC’s rising stranded debt. It was originally promised that OEFC would be managing Ontario’s electricity debt downward. That was the promise we received from the previous government back in 1998 when the new legislation for the electricity system was established, the Electricity Act, which provides OEFC’s mandate. It turns out that promise was not realized.

OEFC has a serious transparency crisis. Every year since it was formed, OEFC has failed to comply with the statutory requirements on financial reporting. They report late every year. We believe it has not received adequate scrutiny from the audit process of the Ontario Legislature. We believe that improved transparency rules – sunshine rules – for OEFC are likely to yield substantial benefits in the longer term.

We note with appreciation that for fiscal 2002-03, the most recent government financial year to be reported, there has been a change in the reporting approach. The accounting rules have been adjusted so that OEFC’s revenues and expenditures are reported directly on the provincial government books. This is an important improvement, but we believe that OEFC’s debt management plan must be published annually so the public can see how our interests are being taken care of.

Another recommendation for the future of the Ontario Electricity Financial Corp is to treat it as if it’s a regulated utility. After all, it obtains all its revenues from electricity consumers and, in return, provides the service of debt management. That service is very much analogous to a regulated utility, but it’s not subject to any of the transparency rules that apply through the Ontario Energy Board. We think the energy board is well suited to assist the public in gaining greater transparency around reporting.

I’ll conclude with some final thoughts. Ontario Power Generation, and Ontario Hydro before it, failed not because they invested insufficiently but because they invested unwisely. The lesson of Ontario’s electricity history, over the last generation, really, shows that the more public money – loan guarantees or direct cash – we throw at these problems, the worse the problems get. The solution to stabilize our electricity system, looking into the future, is one where customers pay the real price and the investors who make the investments in much-needed new generation are at risk. If those generation investments fail, the businesses fail. That will establish a level of accountability that we do not have today.

Finally, we need higher standards of transparency. The Ontario Electricity Financial Corp is an institution that will be around for many decades. Its electricity liabilities are something that Ontarians will have to manage beyond the lifetime of most of the people in this room. I think it’s about time we started, for the benefit of future taxpayers who are going to be bearing these responsibilities, putting numbers on the table so we can see what the plans are and, in hindsight, how those plans stand up against what we learn as we grow into this.

Thank you very much, and I look forward to your questions.

The Chair: We’ll begin the questioning with the government.

Mr. Colle: Thank you very much, Tom, for your time.

The Chair: I failed to mention that you have about three minutes each.

Mr. Colle: Mr. Adams, thanks very much for all the work Energy Probe does. It not only helps this government but really helps Ontarians deal with this complex issue. Energy Probe really deserves credit. Sometimes we don’t do that, but I want to thank all the volunteers and everyone who does that.

The critical question here is that we, as MPPs, are going to be faced with making a decision on what we do with Pickering A. We’re going to be caught with the whole issue of what we replace it with, might it be safer just to perhaps pour more money into it, what are the alternatives?

At what point can we get a clear understanding of the options here? Most of us are lay people; we’re not experts. What can we get to help us make this decision and perhaps advise the Minister of Finance on the best way of spending money that’s in short supply here?

Mr. Adams: This is an issue, really, that’s right in front of us now. First of all, one observation that I think doesn’t receive enough attention in terms of understanding the problem around Pickering A is to appreciate that Pickering A is a four-unit station. Units 1, 2, 3 and 4 were all shut down in 1997. In 1998, OPG started the process of trying to bring these units back into service, for good reason – we’d all do the same in their shoes. If you were given the job of bringing back four units, you’d do the easiest job first. You’d want the power most quickly; you’d want the payback on the investment most quickly. So they went for unit 4, the unit that was by far in the best physical condition.

If we proceed with renovation of the remaining three units at Pickering A, the experience we’ve had with unit 4 is likely to look like the good old days. Just to recap, the experience with unit 4 was that the renovation was supposed to cost around $200 million. So far, they’ve spent $1.25 billion just on unit 4 alone, plus at least $170 million on common services, bringing the total figure substantially above $1.4 billion the last time they reported publicly.

The outlook going forward with the other three units – we can’t occupy ourselves with the sum cost; we have to think about the incremental benefit of further effort there. The appreciation that the further units are likely to be more difficult than the one we’ve already done needs to be in our minds when we think about what the alternatives might be.

The Chair: We’ll move to the official opposition.

Mr. O’Toole: Very quickly, I also want to respond by respecting the work you do and the voice you bring to a complex issue. I’ve been on many committees where you have presented, and you always add something to the discussion.

Going back to Adam Beck’s power at cost, that’s never been the case right from day one. They were always over budget and over time right from the beginning. I think you wrote the article I’m referring to – it was in the Post or the Star or something.

In the election, energy of course was a huge issue, and the Liberal platform was to commit to the price freeze. I understand what your response would be, but there again, some of the people who did the work there clearly have a very low grasp of the issue, respectfully.

I want to look clearly at the work done by the generation conservation committee. Their recent report indicated that the likelihood of achieving their commitment on coal, which is the second part, the price freeze being the first part, which they failed on – we can’t use certain parliamentary terms. The second part was the promise to eliminate coal. That’s five plants and about 6,000 megawatts to 7,000 megawatts of energy. It’s clear now that they’ll never reach that, and most of the experts say that. Not that I’m a big supporter of coal, but we have to have the lights and the heat on.

I would like a response from you. Do you think the current track is the right one? Ultimately, the real question I have is on power at cost: What is the real cost of power, going forward, with all the promises they’ve made: a clean, bright future and all that kind of stuff? That might give you a little bit of room, Tom, to respond in a broader way.

Mr. Adams: The current track that we are on is not sustainable. We have an elevation of the frozen price level coming in April. The new frozen price is likely to be substantially below the actual cost of running the existing system and also substantially below the cost of adding new supply, irrespective of what the options are that are pursued. The most efficient options available to us are probably industrial cogeneration, simultaneous production of heat and power. Fuel costs are reasonably high. The efficiency gains help to offset some of that cost, but still, at the new frozen price after April, that’s not going to be enough.

There is a whole wide range of options in terms of where we can go. Of all the sensible approaches, every one of them has a common element, and that is that customers have to pay the real cost.

Mr. O’Toole: And that is what? What is it, Tom?

The Chair: We’ll move to the NDP.

Ms. Churley: There’s no point in this limited time for us to get into the areas where we disagree, Mr. Adams, so I want to clarify with you a couple of things in the areas where I think we agree. I’m not sure, but I believe that you said you support the phasing out of nuclear, like Germany, as you know, just did. That doesn’t mean shutting down everything tomorrow, but phasing it out and stopping the crazy investment.

We both attended a conference on energy this weekend. The big issue was conservation and efficiency, which of course is tied into the whole issue around capping rates, and the fact that it’s simplistic to say – and I agree with you that we should be paying cost for electricity, without taking into account that some people can’t afford it, with all their other household bills. At the same time, we have to bring in a very concerted effort on efficiency conservation and incentives to help people keep their bills down.

Would you agree to that? How would you propose we deal with lower-income people – certain industries that may have to lay people off, all of the upset that happens that we saw when Harris put the caps on – because of the sudden impact?

Mr. Adams: In terms of protecting consumers, our view is that the protection needs to be directed at individuals in need. The idea of subsidizing electricity prices for Rosedale and Parkdale at the same time just doesn’t make sense.

The question of affordability of electricity is really, for low-income people, just one element of a wider problem. Attempting to solve the problem of penury among disadvantaged individuals through the electricity system is, we think, the wrong approach.

Similarly, if there is going to be any effort directed at protecting consumers from electricity prices, which will necessarily have to go up – as Mr. O’Toole and I will agree, the price will have to go up substantially, perhaps to eight cents. But in our view, the industry that’s consuming electricity ought not to be protected to encourage their continued consumption. If it’s not cost-effective for them to use it, then they should simply be left to their own devices. It wouldn’t be beneficial to the power system to be encouraging them to use electricity inefficiently.

The Chair: Thank you for your presentation.

Posted in Reforming Ontario's Electrical Generation Sector | Leave a comment

Ontario set to change power sector, critics wary

Rajiv Sekhri/Reuters
San Diego Union-Tribune
February 16, 2004

Ontario’s new energy minister Dwight Duncan, about five months on the job, is a man on a mission to mend the province’s power-strapped electricity sector even though experts warn that there is no quick fix.

Duncan, a key member of Ontario’s new Liberal government, says he has had about 150 meetings since November with investors who may be interested in generating electricity in Ontario. Ontario power supply cannot meet demand during peak months, forcing the province to rely on expensive imports.

Duncan has one of the most daunting tasks in the new government, which swept to victory in October – setting straight a debt-ridden power sector that was deregulated and reregulated under the rule of the Conservatives.

Ontario is Canada’s most populous province and its biggest electricity user. The Conservatives introduced competition in the sector, and then froze prices in 2002, choking any hopes of investment in new power plants.

"I can certainly appreciate (investors’) nervousness on the flipping and flopping and fumbling of the previous government," Duncan told Reuters in a recent interview.

But Duncan didn’t say if he would offer fixed-price contracts to investors willing to build new stations, something that would assure them a guaranteed price for the power they produce and a return on the billions invested in new plants.

Industry experts say fixed-price contracts are crucial to lure new generation into the province.

"The spot market, in isolation, would not be sufficient for people to secure funding for new generation projects," said Duncan Hawthorne, chief executive of Bruce Power, a nuclear power producer in Ontario. "My hope is that the government will create (an) entity that is capable of entering into such contracts."

Hawthorne recently said Bruce might consider restarting two nuclear reactors or building a new one.

Genevieve Lavallee, an analyst with Dominion Bond Rating Service, said: "If I were a company, there is no way I would invest money without having some sort of assurance that I would be able to get back a minimum return, at the least."

Duncan insisted there were "no guarantees." He added: "If you want to make money you have got to take a risk. I want to create a climate where (investors) feel confident but I am not going to give away the store away either."

The Liberals have promised to scrap polluting coal-fired power stations by 2007, a pledge that some power analysts view as virtually impossible – coal generates about a quarter of Ontario’s electricity. But Duncan has already started work on a plan to create 2,500 megawatts of electricity as soon as 2005 and no later than 2007 from a combination of new, non-coal based plants and conservation. He also wants to develop an additional 300 megawatts of renewable energy.

"Our concern is clean air," he said. "What I can offer investors is a market of 12 million people who need a lot of electricity."

Ontario has capacity to produce up to 29,000 megawatts of power daily, but with plants down for maintenance, out of service or shut for repair, it imports electricity when demand reaches close to 25,000 megawatts, a level common during peak summer and winter months. Power needs are growing at about 400 megawatts a year.

Tom Adams, with electricity watchdog group Energy Probe, said he thinks Duncan’s new legislation will involve more centralizaton of Ontario’s power industry. "Ontario appears poised to repeat the power experience of California. We are in a power crisis and are likely to get stuck with crisis prices." ($1-$1.32 Canadian)

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Minister 'sickened' rich contracts went to Tories

Canadian Press
Toronto Star
February 24, 2004

Revelations about rich Hydro One contracts going to friends of Ontario’s former Conservative government prompted cries of cronyism today and a fresh pledge from the province’s energy minister that corruption at the public utility will be rooted out. Dwight Duncan called it "sickening" that prominent Tory advisers close to former premiers Mike Harris and Ernie Eves won untendered contracts worth $5.6 million while the Conservatives were still in power in 1999.

"The people of Ontario can be assured that this kind of nonsense is not going to happen again," Duncan said in an interview.

"There are a number of options I have available to me in terms of reviewing what’s gone on in the past. . . . We are going to make sure these organizations are run as public utilities."

The contracts went to Leslie Noble, the co-chair of the Conservative election campaign; Paul Rhodes, communications director of the election campaign; Michael Gourley, a close adviser to Eves; and Tom Long, a senior Conservative strategist.

They included monthly payments of up to $40,000 for corporate entities associated with Gourley, $15,000 to Rhodes, and $13,000 for Noble.

Rhodes collected $335,000 for 18 months of work, but also included was a lump sum of $56,000 for what the utility said was "strategic communications advice."

Noble’s firm, StrategyCorp Inc., received $250,000 – a bargain considering the work that was involved, said John Matheson, one of the firm’s partners.

"It was a major piece of work on an important policy file which we invested substantial resources of people and time into over a period of time," Matheson said.

The contract included a number of "accountability checkpoints" for Hydro One to ensure they were getting value for their money, he added.

"They got quite a good deal from us."

Rhodes, who signed his deal in 1999 after the Conservatives were re-elected to their second straight majority government, said there was nothing untoward about his contract, either.

"I was approached as a communications consultant; they had, as a new company, some work they needed to have done on strategic communications," he said.

"We had a negotiation for a contract, came to an acceptable agreement and I started working for them. It’s no more complicated than that."

NDP house leader Peter Kormos, however, drew direct parallels with the sponsorship scandal currently rocking the federal Liberal government and even called on the province to solicit the help of federal Auditor General Sheila Fraser.

"It would be appropriate for her to be called in to examine these so-called contracts . . . and to determine whether or not there’s criminal conduct involved," Kormos said.

"If there was wrongdoing, the money’s got to be paid back. If there was wrongdoing, people should risk going to jail."

Jim McCarter, Ontario’s acting auditor, said Fraser has no jurisdiction in Ontario adding that he himself can’t act until asked to by the legislature’s public accounts committee.

New legislation that’s expected to pass in the spring would give the auditor’s office the power to conduct unilateral value-for-money audits where deemed necessary, he added.

Asking the auditor to investigate is one of the options on the table, said Duncan.

It was the new Liberal government that passed legislation last year making Hydro One and Ontario Power Generation subject to the province’s freedom of information laws, Duncan noted.

The contracts were all issued in 1999 and the last one ran out in 2002, said Les McKay, vice-president of Hydro One’s executive office. Most were doled out under executives who are no longer with the company, he added.

"They aren’t associated, for the most part, with the current management team."

The company has policies in place that govern the issuance of contracts and ensure that proper steps are taken to ensure value for money, he added.

"We are rigorously conforming to those."

Tom Adams, who heads up Energy Probe, an Ontario-based utility watchdog, said the contracts are indicative of the "corrupt system" which has long governed Canada’s largest public utility.

Adams also drew comparisons with the sponsorship scandal.

"In both cases, Crown corporations are being used as conduits for what’s effectively public funds for the benefit of friends of the premier."

One of the contracts showed that Egon Zehnder International, a headhunting firm where Long is a senior official, received $83,000 to recruit Deb Hutton, an adviser to Harris, to work at the utility as its vice president of corporate relations.

Hutton defended her decision to solicit the help of Long’s firm, one of several she contacted after deciding to leave politics in 1999.

"Mr. Long is a friend of mine, and on a personal level, like other friends, I certainly keep him posted about what I’m doing with my life," Hutton said in an interview.

"It would be silly to suggest that I wouldn’t chat with him about my future; the man is also in the business and is a professional, so of course I would speak to him."

Hutton’s expenses at Hydro One have also made headlines in recent months; during 2001 and 2002 she spent $4,900 dining at Toronto restaurants with prominent Tories, who were in government at the time.

Posted in Reforming Ontario's Electrical Generation Sector | Leave a comment

Ontario won't guarantee power contracts, energy minister says

Joe Schneider
Bloomberg.com
February 27, 2004

Ontario won’t guarantee long-term contracts for builders of new electricity plants because taxpayers shouldn’t assume risks for power producers, Energy Minister Dwight Duncan said.

"You can’t come in here and argue you’re a capitalist and then look for a risk-free option," Duncan said in an interview. "If you haven’t got the stomach to take a little bit of risk, you’re not going to make it here. So don’t waste my time and don’t waste your time."

Ontario needs to attract new power plants to make up for lost generation as the province shuts down coal-fired generators to reduce pollution. Duncan had promised to idle coal-fired plants, which produce one-fourth of the electricity in the province, by the end of 2007.

The minister wouldn’t repeat that commitment in the interview, saying only that he doesn’t want to extend the phase-out period and wants to improve air quality in the province.

A delay in the closure of coal-fired plants won’t come as a surprise, said Tom Adams, executive director of Toronto-based researcher Energy Probe. "We’re having a very difficult time keeping the lights on in this province even with all our coal plants running," Adams said. "If you take the coal plants out of the picture, reliable power becomes a long-lost memory."

Guarantee wanted

Such companies as TransAlta Corp., Canada’s biggest private power producer, have said Ontario must guarantee long-term contracts or break up the government-owned Ontario Power Generation Inc. to attract new plants. TransAlta Chief Executive Stephen Snyder declined to comment on Duncan’s latest comments.

Companies hesitated to build new generators in Ontario after the government, then controlled by the Progressive Conservative Party, backed off from selling electric utility Hydro One Inc. and capped retail electricity prices at 4.3 cents a kilowatt.

The province as of the end of January had spent C$852 million ($635 million) to reimburse power buyers for the difference between market prices and the cap price.

Duncan’s Liberal Party plans to raise the price cap on April 1 to 4.7 cents for each of the first 750 kilowatts used in a month and to 5.5 cents a kilowatt for consumption above that.

"You have to create investor confidence and you have to create consumer confidence," Duncan said. "If you keep the consumers happy then you won’t have situations like you had with the previous government where policy was changing every six hours, you know, to reflect the most recent phone call that the member from Duck North got."

Seeking new plants

Ontario is seeking 2,500 megawatts of new generation, enough electricity for about 2 million homes, in a request for proposals sent to power producers. Duncan said he expects to receive proposals exceeding that request without guaranteeing any long- term contracts.

"That’s certainly the right instinct," Adams said. "We don’t want to do a California where they bought $20 billion of power for $40 billion on contracts that extended for 10 or more years."

Duncan also rejected requests from power producers to sell Ontario Power Generation plants to create a more competitive market. Ontario Power Generation produces 70 percent of the electricity in the province.

Ontario won’t replace one publicly owned dominant power generator with a privately owned one, Duncan said.

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Adams: ratepayers on hook

Shannon Hagerman
The Daily Gleaner
February 27, 2004

NB Power executives and the Conservative cabinet should accept responsibility for a bungled Orimulsion deal that could cost taxpayers $2 billion over the next 20 years, says the executive director of a consumer advocacy group.

Tom Adams, of the Toronto-based Energy Probe, said Government ministers responsible for overseeing utility executives’ owe taxpayers an explanation.

The case should also spark a review of the job performance of both current and former executives at the utility, Adams said.

"What we have here is a case of gross mismanagement," Adams said in a telephone interview.

"NB Power has been recognized, at least since 1996, as a major financial risk for taxpayers in New Brunswick, so I can’t understand what the finance minister and what the premier have been doing to keep an eye on this troubled utility as they dig themselves into worse and worse trouble."

Adams said there is little doubt the supply loss means consumers can expect an electricity rate increase in New Brunswick.

"You have got big rate increases coming at you anyway," Adams said. "This utility has been irresponsibly racking up debts."

NB Power is suing Venezuela’s state oil company, Petroleos de Venezuela (PDVSA) and its distributor, Bitumenes Orinoco (BITOR), S.A., to force the firms to execute a fuel supply agreement or pay $2-billion in damages.

The statement of claim was filed with New Brunswick’s Court of Queens Bench.

NB Power never obtained a signed contract guaranteeing an Orimulsion supply to fuel its Coleson Cove generating plant, but started a $750-million plant refurbishment of the plant anyway.

About $600 million has already been spent or committed.

NB Power CEO Stewart MacPherson told reporters Wednesday an unsigned fuel supply agreement finalized between NB Power and BITOR, S.A. in May 2003 should hold up in court.

Not long after the fuel supply agreement was drafted, MacPherson and David Reid, the utilities director of business planning, travelled to Venezuela to execute the contract, but company officials at BITOR, S.A. refused to sign it.

Adams said it could take years to resolve the case.

"They don’t have a signed contract," Adams said, adding there isn’t a similar precedent he can recall at an electrical utility in Canada.

Despite the uncertainty, NB Power didn’t stop refurbishing the Coleson Cove plant. The utility has already spent about $600 million preparing the plant for Orimulsion and upgrading the facility.

On Wednesday, the utility halted work underway at Canaport where Orimulsion fuel storage tanks were to be located.

The utility also had plans for a pipeline to transport Orimulsion to Coleson Cove.

Orimulsion is only available from Venezuela. The low-cost fuel, a mixture of bitumen and water, is already used at NB Power’s Dalhousie generating station where NB Power does have a supply contract. That contract expires in 2010.

MacPherson told reporters on Wednesday if the utility is unable to secure a supply of Orimulsion to fuel its Coleson Cove plant, the cost of running the facility will rise by about $100 million each year. Over 20 years, the price would escalate to $2 billion.

The plant is supposed to be ready to burn Orimulsion by November.

Don Fleming, an international law expert at the University of New Brunswick, said Thursday the New Brunswick court action will likely be only the first salvo in a drawn-out legal battle.

"It is not going to be easy at all," he said. "I suppose they have some chance of winning, I am not sure how good it is."

Fleming said the best hope for a favorable solution is a political solution inked between Canadian and Venezuelan government officials. There is a multitude of unanswered legal questions surrounding the case.

It remains unclear whether the provincial court will even agree to hear the case, he said. It is not clear whetherNew Brunswick’s contract legislation will be found to apply to this contract, he said.

Even if the provincial court decides to hear the case there is nothing forcing PDVSA or BITOR, S.A. from defending the case in New Brunswick.

If the Venezuelan company officials opt to ignore the court action, the provincial court could issue a default judgment siding with NB Power. But, that means there is less chance that a court in the United States of Venezuela will agree to enforce the court’s ruling, he said.

That could force the case to be held again.

The fact PDVSA is a state-owned Crown corporation could also work against NB Power, Fleming speculated. Some Crown corporations have immunity from lawsuits, he said.

Karl Dore, a contract law expert at UNB, said the fact NB Power doesn’t have a signed contract doesn’t necessarily mean the utility can’t win the case.

However, the lack of a signed contract leaves the door open for the defendants to argue its previous communication was only part of the negotiation process and did not signal a firm commitment.

Daniel Goodwin, a spokesperson with JD Irving Ltd., said the company has halted work at Canaport where about 50 employees had begun clearing land for an Orimulsion storage tank.

The utility has also halted work on a planned pipeline to transport Orimulsion from Canaport, in Saint John, to Coleson Cove.

At the projects’ construction peak, JD Irving estimates about 350 individuals would have been employed.

Posted in Reforming Ontario's Electrical Generation Sector | Leave a comment

OPG's viability is at risk: review

John Spears and Richard Brennan
Toronto Star
March 17, 2004

It took the board of Ontario Hydro a single afternoon in the summer of 1997 to consider and approve a $1.6 billion plan to launch 66 projects that would supposedly fix Ontario’s sputtering nuclear plants.

That plan, launched by then-newly hired executive vice-president Carl Andognini, continues to weigh down the financial performance of Ontario Hydro’s successor, Ontario Power Generation.

An independent review on OPG’s performance by accountants KPMG traces a big portion of the troubled company’s financial woes back to the plan approved so quickly by then-chairman William Farlinger and the Ontario Hydro board.

KPMG says lost profits as a result of the flawed plan have put OPG in a financial bind so severe that "its viability under the current business model is in question."

OPG produces three-quarters of the province’s electricity.

The plan failed to deliver $1.5 billion in expected pre-tax earnings over five years, the review concludes. And another $1.5 billion in expected profit was lost as OPG poured money into trying to restart the Pickering A nuclear generating station – a project that’s three years late, with only one of four reactors running.

The bleak review comes the day after the province received another report on OPG’s future from a panel headed by former federal finance minister John Manley. It’s to be released tomorrow.

It also comes as the provincial Liberals confront their promise to shut down by 2007 all of OPG’s coal-fired generating stations, which produce close to 25 per cent of the province’s power.

OPG said yesterday it is writing off the value of those plants, at a pre-tax loss of $576 million, giving it a $491 million loss for 2003.

When the plan to fix Ontario’s nuclear plants was born in 1997, they were unquestionably in poor shape, with nuclear regulators even threatening to shut down some reactors.

Andognini, a U.S. nuclear expert, brought in a "Dream Team" of other U.S. nuclear consultants who set about diagnosing the problems at the reactors owned by Ontario Hydro – inherited by its successor company Ontario Power Generation when Ontario Hydro was broken up in 1998.

The team’s analysis was based on the experience of rehabilitating two under-performing reactors in the U.S. – reactors that used a different technology than OPG’s Candu reactors.

But only a cursory survey was done of the actual condition of the Ontario reactors.

It turned out the plants were in much worse shape than the improvement plan had assumed. By mid-1998, the cost estimate had ballooned by $600 million to $2.2 billion.

As well, it was tricky to perform extensive overhauls on the nuclear stations while keeping most of them operating. (The Pickering A and Bruce A stations were closed, but that left 12 reactors running, and they were the ones that were first in line to be overhauled.)

While restoration costs kept rising, predicted operating savings didn’t materialize due to the complexity of doing major work at the remaining plants while they continued to run. The new management team had a solution for the escalating costs.

They simply assigned the over-runs to the plants’ current operating budgets.

That kept the rehabilitation program on budget, but drove operating costs higher and higher.

At the Darlington and Pickering B nuclear plants, operations, maintenance and administration costs ballooned 46 per cent – roughly $1 billion – from 1999 to 2003.

Meanwhile, output from the nuclear reactors – which was supposed to grow by 45 per cent over five years – dropped 33 per cent.

When OPG began the task of bringing the mothballed Pickering A station back into service, the same problems reared their heads.

The project’s costs – originally thought to be under $1 billion, then approved by the board at $1.3 billion – mounted steadily because of poor planning.

The latest estimate is that if OPG decides to complete the Pickering project – now three years behind schedule and with only one of four reactors operating – it could cost $4 billion, or $2.7 billion over the original approved budget.

The Dream Team also failed to tackle many problems they themselves had identified. A report released last year by current OPG chairman Jake Epp said the Andognini team had found in 1997 that managers weren’t accountable for their actions, work goals were unclear, teamwork was poor and managers ignored subordinates.

In 2001, when Andognini and many of the team had left, all those problems remained unresolved.

The provincial government added to the problems, by leasing the Bruce nuclear station to a private partnership, and by forcing OPG to rebate a portion of revenue to customers – neither of which had been included in the original business plan.

New Democrat MPP Peter Kormos (Niagara Centre) said the KPMG report further demonstrates "that nuclear power is not the way to go, it’s been an incredibly expensive boondoggle."

Tom Adams, of Energy Probe, said the report shows nuclear power is an albatross around OPG’s neck.

Sean Conway, a former Liberal MPP now with the law firm Gowlings, was stunned by the analysis.

"We were in a serious situation seven years ago," he said. "Now we’re told we’ve basically lost the better part of seven years, we’ve spent billions of dollars and we’re worse off."

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Private sector eyes Ontario's nuclear sector

Steve Erwin
National Post
March 22, 2004

But companies seek political consistency, clear policies

TORONTO – A potential nuclear surge in Ontario’s electricity market is attracting interest from companies that deal in the controversial power source — as long as regulatory policies are clear and consistent.

Their interest was heightened by a report last week from a panel led by former deputy prime minister John Manley recommending Ontario look to nuclear power to cope with a power shortage that looms as early as 2007.

"We see quite a role for Cameco there," said Jerry Grandey, president and CEO of Saskatoon-based uranium miner Cameco Corp., which already owns almost one-third of the province’s Bruce Power nuclear complex on the shore of Lake Huron.

The Manley report recommends Ontario consider private-sector involvement in financing new nuclear power stations through joint ventures, partnerships and long-term leases.

At the same time, Mr. Manley urged the government to end years of political interference at Ontario Power Generation, the former Ontario Hydro utility that generates more than 70% of Ontario’s electricity, much of that from nuclear stations.

Years of costly mismanagement have ravaged OPG’s finances. Government estimates suggest it could cost $40-billion to fix OPG and revamp the province’s electricity sector.

Mr. Grandey suggested groups of corporations will build next-generation nuclear plants.

"In the future it will be that — it will be people who are the designers and constructors of these plants and ultimately the users — who will form consortiums and proceed with the construction."

Environmental groups insist nuclear power is too expensive, with or without private-sector financing. Add in volatile electricity prices that have angered voters and skewed policies, and there’s no shortage of political heat being generated.

"The danger here is that the public sector gets the risk and the private sector gets a risk-free return or substantially risk-reduced return," said Tom Adams, executive director of industry watchdog Energy Probe.

While some public-private partnerships in the electricity sector have worked, "my concern is that there’s a very substantial danger, based on the track record, that the public will get hosed," he said.

Companies will wait until the province lays out its policies before they put their money on the table, said Genevieve Lavallee, a utility analyst at Dominion Bond Rating Service.

Issues include whether the government will go ahead with the revamp of Unit 1 at the Pickering A nuclear station, and then proceed with fixing Units 2 and 3. Ms. Lavallee doubts any company will be interested in getting involved in Pickering, and suggests OPG should continue to manage that project.

Before they invest elsewhere, companies will want to be sure that Ontario’s coal plants will close in 2007, as the Liberal government has promised. If they don’t, fewer new generating stations will be needed.

"Establish the right conditions and they will come," Ms. Lavallee said. "That’s basically what it comes down to.

Mr. Grandey said the industry needs political consistency.

"You can’t have a major capital investment move forward with regulatory unpredictability," he said. "Because it takes you years to make the decision and license and then build, you want to make sure that a change of government isn’t going to derail your project."

Other Canadian energy players, including Calgary-based TransCanada Corp., agree consistent policies are needed before corporations can commit themselves to investing in the power grid.

"We believe that Ontario will benefit from a power market that offers stability for those investing in that market," said Hejdi Feick, a spokeswoman for TransCanada, which has been an "active participant" in the Ontario power market for over 10 years, including a stake in Bruce.

Tim Richter, a spokesman for Calgary-based TransAlta, one of Canada’s biggest private power producers, said the company is taking a wait-and-see approach.

"Ontario is not going to be able to build this much power … without the private sector," he said. "They need it, we build it, and we’re keeping a close eye on things."

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Power producers await clear message from Ontario on nuclear future

Steve Erwin
National Post
March 22, 2004

Toronto: A potential nuclear surge in Ontario’s electricity market is attracting interest from companies that deal in the controversial power source – as long as regulatory policies are clear and consistent.

Their interest was heightened by a report last week from a panel led by former deputy prime minister John Manley recommending that Ontario look to nuclear power to cope with a power shortage that looms as early as 2007.

"We see quite a role for Cameco there," said Jerry Grandey, president and CEO of Saskatoon-based uranium miner Cameco Corp., which already owns almost one-third of the province’s Bruce Power nuclear complex on the shore of Lake Huron.

The Manley report recommends the province consider private-sector involvement in financing new nuclear power stations through joint ventures, partnerships and long-term leases.

At the same time, Manley urged the government to end years of political interference at Ontario Power Generation, the former Ontario Hydro utility that generates more than 70 per cent of Ontario’s electricity, much of that from nuclear stations.

Years of costly mismanagement have ravaged OPG’s finances. Government estimates suggest it could cost $40 billion to fix OPG and revamp the province’s electricity sector.

Grandey suggested groups of corporations will build next-generation nuclear plants.

"In the future it will be that – it will be people who are the designers and constructors of these plants and ultimately the users – who will form consortiums and proceed with the construction."

Environmental groups insist nuclear power is too expensive, with or without private-sector financing. Add in volatile electricity prices that have angered voters and skewed policies, and there’s no shortage of political heat being generated.

"The danger here is that the public sector gets the risk and the private sector gets a risk-free return or substantially risk-reduced return," said Tom Adams, executive director of industry watchdog Energy Probe.

While some public-private partnerships in the electricity sector have worked, "my concern is that there’s a very substantial danger, based on the track record, that the public will get hosed," Adams said.

Companies will wait until the province lays out its policies before they put their money on the table, said Genevieve Lavallee, a utility analyst at Dominion Bond Rating Service.

Issues include whether the government will go ahead with the revamp of Unit 1 at the Pickering A nuclear station, and then proceed with fixing Units 2 and 3. Lavallee doubts any company will be interested in getting involved in Pickering, and suggests OPG should continue to manage that project.

Before they invest elsewhere, companies will want to be sure that Ontario’s coal plants will close in 2007, as the Liberal government has promised. If they don’t, fewer new generating stations will be needed.

"Establish the right conditions and they will come," Lavallee said. "That’s basically what it comes down to."

"If you want private-sector involvement, give them the tools, give them the rates of return required for them to invest and I’m sure you’ll have lots of people ready to invest."

Grandey says the industry needs political consistency.

"You can’t have a major capital investment move forward with regulatory unpredictability," he said. "Because it takes you years to make the decision and license and then build, you want to make sure that a change of government isn’t going to derail your project."

Other Canadian energy players, including Calgary-based TransCanada Corp., agree that consistent policies are needed before corporations can commit themselves to investing in the power grid.

"We believe that Ontario will benefit from a power market that offers stability for those investing in that market," said Hejdi Feick, a spokeswoman for TransCanada, which has been an "active participant" in the Ontario power market for over 10 years, including a stake in Bruce.

Tim Richter, a spokesman for Calgary-based TransAlta, one of Canada’s biggest private power producers, said the company is taking a wait-and-see approach.

"Ontario is not going to be able to build this much power . . . without the private sector," he said.

"They need it, we build it, and we’re keeping a close eye on things."

Posted in Reforming Ontario's Electrical Generation Sector | Leave a comment

Privatization's power

Tom Adams
Financial Post
March 25, 2004

Governments that privatize electricity generators provide their citizens with cheaper, dependable power. Why is Ontario heading into darkness?

With bankruptcies and blackouts on Ontario’s electricity horizon, the Ontario government is poised to shelve plans to create a competitive market. Instead, it will remain with the monopoly system that has brought Ontarians some of the highest costs on the continent. To boot, it is likely to soon become one of the continent’s most unreliable power systems.

The government is doing so driven by fear of repeating a California-style fiasco. It doesn’t realize that California’s trouble occurred because that state failed to implement a market-based system, and that, almost without exception, consumers have benefitted whenever power systems were privatized and deregulated.

The U.K. privatized its power system in 1990 in what was then, and remains today, the largest power privatization in history. The typical domestic electricity customer in the U.K. now pays £115 per year less for power – from £365 in 1990 to £250 in 2002 – a decline of 32%, and that’s after accounting for inflation. The U.K. story is even better for consumers who decided to shop around to obtain the best price for power – different power companies suit different customers, depending on how much power the consumers use, and when they use it. Since competition came to the domestic market, the typical electricity shopper saves about £32 on their annual bill, on top of the £115 per year that they save without bothering to shop.

In the United States, most of the country is awash in cheap electricity, after deregulations unleashed a building boom in power plants. The single most successful U.S. power market is known in electricity business circles as PJM, short for the interconnected Pennsylvania, New Jersey and Maryland system. Here, competition especially delivers cheap power during peak periods. From 2001 to 2002, peak prices dropped by more than 50%, from $307 for the highest priced 100 summer hours to $138 during 2002. The price then dropped another 40%, to $97, during the last summer. The reason? Plentiful private investment in new generation – something Ontarians lack – kept peak prices low. Prices should continue to drop because last October a nuclear utility serving Pennsylvania consumers finally eliminated the last of its stranded costs – most of them related to ill-advised investments in nuclear reactors and contracts for independent power – that were entered into during the system’s previous monopoly period.

In Australia, power markets proved a great winner, too. After the state of Victoria privatized, power rates dropped and investments soared. Privatization fever then struck other Australian states in the populated south and east coast. The investment boom in South Australia led to a 30% increase in generating capacity between 2000 and 2002 alone.

But privatization is fragile, not because of the nature of electricity markets but because of the nature of politicians. After labour unions struck the power system in the State of Victoria during the hot summer months in 2000, the government panicked and froze power rates. The system soon developed serious shortages. Rotating power cuts became common. Its interference wrecked the market. With rates frozen and the government unreliable, investors lost confidence and fled to neighbouring states. Neighbouring South Australia, although it was also affected by the strike, and although it also experienced a hot summer, fared better. Its government didn’t lose its nerve, and it resisted the temptation to intervene. Although prices temporarily peaked, investment flowed in and South Australians are now reaping the benefits of low prices.

Even where rates rise, as happened in Alberta following price hikes in natural gas, the benefits of markets are clear. Alberta’s government started introducing competition in the mid 1990s because the former regulated system was not modernizing and meeting the needs of a rapidly expanding economy. From 1998 to 2003, the electricity efficiency of the economy, based on the amount of power sold through the electricity market, increased by almost 9%. In 2002, demand was 16% higher and natural gas prices were 40% higher than in 1999. Yet power prices increased by an average of only 2.8% in 2002 compared to 1999. Between 2001 and 2003, the energy efficiency of power generation in Alberta improved by over 40%. Competition worked as expected, creating downward pressure on prices due to rising investment in new, more efficient supply.

Consumers aren’t the only beneficiaries of privatization. Taxpayers win big, too, even when prices plunge for consumers as in the U.K. The proceeds from the U.K. privatization amounted to £21-billion. In addition to that one-time benefit, taxpayers are now rewarded annually, with the now-private companies having become among the country’s largest corporate taxpayers. Following privatization, the government has received £8-billion from the corporate taxes paid by the electricity companies. As with other competitive jurisdictions, the U.K. is awash in power.

In Ontario, in contrast, the average bill has risen dramatically since 1990. Power supplies have become insecure, the more so given the province’s increasing reliance on nuclear power, and Ontarians face rotating blackouts whenever the summer gets too hot or the winter too cold. Public power gives its advocates a warm, fuzzy feeling. For everyone else, it raises the spectre of freezing in the dark.

References:

UK household electricity prices

PJM peaking prices:
www.pennfuture.org, "E3", Vol. 5, No. 25 – 2003: The Year in Review

Alberta’s efficiency increases:
For 9%, the calculation is based on AEUB and StatsCan data; for the 1999-2002 wholesale price comparison see www.ippsa.com/Restruct_Paper.pdf; the 40% 2001-2002 fuel efficiency gain is based on comments of Martin Merritt, Market Surveillance Administrator, presentation to IPPSA 2004 annual conference

UK taxpayer gain due to liberalization

Australian power investment patterns:
International Energy Agency book, Power generation investment in electricity markets by Peter Fraser, (Paris: 2003)

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