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February 27, 2003

Limits on the Utilities Commission

Who will examine the contract between BC Hydro and Accenture to determine whether it is in the best interests of Hydro's ratepayers? Who will monitor the contract's performance over the years and report on whether anticipated results are being realized? It is not a question of whether Accenture is "good" or "bad". It is a question of monitoring contract performance in the same way we would expect any monopoly or public sector entity to be scrutinized.

When the Campbell government spoke about greater competition for ICBC, it said that insurance rates would be reviewed by an independent commission like the BC Utilities Commission. When government announced the breakup of BC Ferries, it said the new corporation would be regulated by a commission like the Utilities Commission. So why has the same government used legislation to prevent the BC Utilities Commission from examining the BC Hydro-Accenture contract?

Bill 10 (2003) provides:

"11 (e) subject to subsection (12), the authority is not required to obtain any approval, authorization, permit or order under the Utilities Commission Act in connection with the agreement or any actions taken in accordance with the terms of the agreement, and the commission must not prohibit the authority from taking any action that the authority is entitled or required to take under the terms of the agreement."
"(12) Nothing in subsection (11) (e) precludes the commission from considering the costs incurred, or to be incurred, in relation to an agreement designated under subsection (9) when establishing the revenue requirements and setting the rates of the authority."

In other words, the BC Utilities Commission can approve rate increases to Hydro's customers based on the need to meet higher costs under the agreement but it cannot issue any order with respect to the agreement.

The BC Liberal's "New Era Document" promised to "restore an independent BC Utilities Commission, to re-regulate BC Hydro's electricity rates." A cynic might say that it looks like they neglected to say that they really meant to pass through costs with no examination of the reason for those costs. Was the Geoff Plant style of "you didn't ask that question" already at work for the campaign promises? In fact it is worse than anything a cynic might expect because long after the election the Minister of Energy, Mines and Petroleum Resources finally released the BC Energy Plan. Policy Action #4 in that plan says the "BC Utilities Commission will be reviewing the Corporation’s costs to determine that they are in ratepayers’ interests." With Bill 10 British Columbians have discovered that some of Hydro's costs are off limits to the Utilities Commission. The gap between spin and fact in the Campbell government cannot be justified.

If promises for the regulation of insurance rates and ferry routes work out like the Hydro promise, no one should take comfort in government's assurances.

 

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