should always be alert in the House of Assembly. They ought to be careful not to ‘mislead’ for fear one of
their number will endure the penalty arrant misbehaviour exacts in the
tradition of British parliaments.
Opposition Members must be vigilant, ready to ‘spot’ an errant Minister or
Premier engaging in an economy of the truth.
caught uttering a falsehood can lead a Member to be ‘named’. Naming is a procedure whereby the Speaker
proposes a vote on the suspension of a Member if he believes that person has
broken the rules of conduct of the House.
the Government is one of the jobs of Opposition Parties. In so doing, they simultaneously
magnify the Government’s incompetence and the Opposition’s attentiveness and
very reason, Dwight Ball ought to have had the new Minister of Natural Resources endure the wrath of the Legislature (not that the Tory Caucus would
have permitted the vote). But, it would have caused an important debate on
Nalcor’s new deal with Emera on virtually all our so-called surplus or Market-Priced Energy. (Maritime Link Compliance Filing with attached Energy Access Agreement (EAA)).
me explain the Opposition Leader’s missed opportunity.
asked the Minister if he planned to “build more wind power and more hydro
plants to meet the condition(s)” of the UARB, the Province having legally committed
virtually all its surplus power to Nova Scotia.
to something but, for some reason, he chose to let the Minister off the hook.
Opposition Leader likely knew, as most people in this Province have yet to
learn, if domestic demand grows additional expensive capacity must be
constructed (in addition to Muskrat Falls) in order to meet the legal
obligations Nalcor has made to Nova Scotia.
quotes from Hansard (the record of the House of Assembly) of the Minister’s
partial reply to Mr. Ball’s question:
have excess power that we can recall at any time but we are going to
sell and make money for the Province.”
added: “The only way we are not going to have it is if it does not rain or snow
for twenty-four years.”
Nalcor under the “Energy Access Agreement” (EAA). Likely, Morrison Park would agree that
Minister Dalley’s suggestion that the power committed to Nova Scotia can be “recalled
anytime” is nonsense in the absence of an important caveat: ‘when
we build more capacity’.
have not reported on the details of the EAA likely because some aspects of it
are unclear. One Intervener at the UARB
likened it to a “term sheet” or an “agreement to agree”. Even Nalcor and Emera have given themselves
until October 1, 2014 to provide the deal additional clarity (which is, in
part, why the UARB is expected to demand that the confusion be cleared up
before giving final sign- off).
version of the “Critical Features” of the EAA as outlined by Morrison Park. Nalcor’s commitments are etched in stone. You
would never know that if you listened to Mr. Dalley. As Minister, he is supposed to be aware of the
commitments to which Nalcor is binding the Province. (1 terawatt hour (TWh) equals 1 billion kilowatt hours
(Kwh).) DON’T STOP READING UNTIL YOU FIND THE WORD “VARIANCE”.
This is where NL really gets hooked.
commits to make available to Nova Scotia, annually, up to 1.8 Terawatt
hours (TWh) of power and achieve a minimum average of 1.2 TWh annually
over 24 years (to 2041) to reach a total of 28.8 TWh.
offer to “Bid” power to Nova Scotia is based upon forecast annual availability
which may reach as high as 1.8 TWh or as low as zero in any one “Contract Year”
except that the EAA covers off this possibility. (Go to #3).
there is an extended dry period or system difficulty and Nalcor is unable to
supply sufficient energy to meet its commitment Nalcor will declare a “Variance” (ss. 7(a) and 7(b) EAA). In such a circumstance, Emera is required to
come up with the first 300 GWh (which equals 25% of the 1.2 TWh) BUT Nalcor is still responsible
for the remaining 75%.
Emera chooses to satisfy its obligation of the 300 GWh by building wind, tidal
or solar Nalcor will support that intermittent source with 100 megawatts of
balancing services at a fixed price as it continues to fulfil its own
cannot commitment 1.8 TWh of power to a third party for longer than a 12 month
period. Even if Nalcor fulfils the 28.8
TWh commitment before 2041, Emera retains a “right of first refusal” on 1.8 TWh
every year until 2041.
Park notes, of concern to the UARB, that domestic load growth in NL “could
reduce the available supply of energy for export” but states that because of
the Variance Clause in the Agreement
“Nalcor and Emera have jointly assumed final responsibility for the supply
of Market Priced (surplus) energy to Nova Scotia…” (emphasis added).
Nalcor’s Variance obligations are
limited only by “force majeure” events which have not been defined.
has committed to Emera that if NL’s firm demand increases resulting in
insufficient surplus power available to meet its obligation to Nova Scotia including Supplemental Energy, it
will “build additional…facilities to increase…production”. (For this conclusion Morrison Park cites pp. 14-15 of the Compliance Filing and slides 3-6 of the Nalcor’s Presentation to UARB Technical Conference, Oct. 28, 2013.)
Nalcor fails to meet its Variance requirements to NSPI subsidiary of Emera it
must “compensate NSPI accordingly”. (s.7e (viii) of Energy Access Agreement).
more in the EAA but these are the
most salient issues.
language of the “deal” is technically a hard slog no should misunderstand the
effects of Item #8 regarding compensation for non-performance. When any agreement contains penalties it demands
a clarity no lawyer can obscure.
last point #8 that Dwight Ball should have flown at Derrick Dalley.
Government seems to be relying upon the complexities of the Energy Access Agreement to
keep people in the dark. Little wonder we
are forced to go to Nova Scotia’s UARB to find details of Nalcor’s commitments.
Little wonder the media, in this Province, would rather puke than report details
of an Agreement like the EAA. But, I digress.
told the House “it is going to be a great day in this Province if we get to the
point where we have to use all of our power and have to create more”. Like Ms. Dunderdale, Mr. Dalley would have us
build 30 cent per KWh power (or higher) so that Nalcor can sell it to Nova
Scotia for 4-5 cents per KWh! Anyway, when the power is committed, how can
it be called ‘surplus’?
reader, you think I am in error and that Nalcor has no such legal obligation to
supply our ‘surplus’ power, consistent with the EAA with Emera, and consistently
over the 24 year period until 2041, let me entertain you with quotes.
from the Nova Scotia Minister of Energy, Mr. Younger. Referring to the Energy Access Agreement as he headed to
intervene at the UARB Hearings, Younger stated:
now guaranteed…and Nalcor is prevented from selling energy on long term
contract to anyone but Nova Scotia. As well, Emera and Nalcor would now be
financially and legally responsible for ensuring energy commitments are met.
These were limitations in the previous deal, and are certainly improvements.”
quote is straight out of the UARB Hearings, in Nova Scotia, on the Energy Access Agreement. John Merrick
is Nova Scotia’s Consumer Advocate. Rick
Janega is President of Emera
Newfoundland and Labrador. (Page 2670/2671 NSUARB-ML-2013-01/M05419)
But let me continue with my questions.
could, your questions are perfectly
understanding and providing clarity
Nalcor has; nothing unreasonable
of 1.2 will be achieved with an
terawatt hours per year.
supported what we’ve been
are intended to ensure that
end of the year, roll over and
get the energy to you.”
terms. They agree with the
interpretation of it.
that leaves Nova Scotia
risks. It’s an agreement that
conditions and provides the
to be delivered.
In the immortal
words of John Crosbie (paraphrased): ‘I didn’t make this goddam stuff up’.
learn that he must have no mercy on a Minister like Derrick Dalley. Perhaps, he needs reminding what happens
to nice guys.
must commit to never again let this Government play fast and loose with the
truth, at least not without consequences.