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Public Utilities Board rules sale of power assets to Town of Hay River can proceed

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Northland Utilities workers fix a power pole in Hay River in 2022. The Public Utilities Board has ruled that the sale of NorthlandSA国际影视传媒檚 assets in Hay River to the NWT Power Corporation is in the public interest. NNSL file photo

The eight-year battle between the Town of Hay River and the company formerly known as Northland Utilities over how power is delivered to the town seems to have come to an end.

The Public Utilities Board (PUB) ruled late last month that there would be SA国际影视传媒渘o harmSA国际影视传媒 in the transfer of assets from Naka Power, which used to be known as Northland Utilities, to the NWT Power Corporation. In its decision, the board found that the purchase and sale of the assets was SA国际影视传媒渋n the public interestSA国际影视传媒 and that the sale from Naka to the power corp. must happen before Dec. 31 of this year.

Under its old name, Northland had argued that if the power corp. had been allowed to assume control in Hay River, it would be engaging what it called SA国际影视传媒渃ream-skimmingSA国际影视传媒, a term the company states is defined as SA国际影视传媒渨here removing inherently more profitable components of a utilitySA国际影视传媒檚 customer base results in a vicious cycle of upward pressure on rates to the remaining customers.SA国际影视传媒

In other words, Northland alleged that the transfer of assets to the power corp. would harm its ability to do business elsewhere in the South Slave region.

The town first indicated that it would be looking at its options back in 2015 when it put out a request for proposals (RFP) for a new service provider after the expiration of the agreement between the town and Northland in November 2016. At the time, the town stated that the reason for the RFP was to SA国际影视传媒渆nsure that the citizens and businesses of the Town receive the lowest possible electric rates in the context of safe and reliable service.SA国际影视传媒

The PUB noted that Northland was eligible to bid on the RFP just like any other provider. The power corp.SA国际影视传媒檚 proposal was eventually chosen by the town.

The town put forth an offer to Northland in March 2016 to buy the assets, but Northland rejected the offer and it went to arbitration. An arbitrator ruled in 2018 that an appropriate price to be paid for the assets was whatever the book value was plus 30 per cent under a partial final award; under its calculations, Northland had valued the assets at around three times what they were said to be worth.

Northland appealed the arbitratorSA国际影视传媒檚 decision to the NWT Supreme Court in 2019, where it was thrown out. The company then went to the NWT Court of Appeal, which also dismissed NorthlandSA国际影视传媒檚 claims. Its last option was to appeal to the Supreme Court of Canada, but it would not take up the case.

The PUB also ruled that Northland would not be able to recover legal costs, estimated to be around $520,000, from either the town or from residents, but it will be able to recover any debt break fees and any severance pay given to employees.

When it comes to the townSA国际影视传媒檚 legal costs, the power corp. is responsible for those, stated the PUB, and it cannot recoup that money through raising prices on its customers.

Essentially, the town wonSA国际影视传媒檛 be out of pocket at all.

Glenn Smith, the townSA国际影视传媒檚 senior administrative officer, did not respond to SA国际影视传媒SA国际影视传媒檚 request for comment by press time, but Nancy Southern, president and CEO of ATCO, which jointly owns Naka Power with Denendeh Investments Inc., took aim the GNWT last weekend in Yellowknife.

As reported by CKLB, Southern, who was attending an Indigenous economic conference, had rather pointed words for Deputy Premier Caroline Wawzonek, who was among the attendees and whoSA国际影视传媒檚 also the minister responsible for the power corp.

SA国际影视传媒淣ow, I think for those of you, particularly for the Deputy Premier, and all of you in the Government of the Northwest Territories, for the last two days, we talked about incenting investment, getting it right with the investors to build a prosperous mining future, to build security and the opportunity to invest in the Northwest Territories,SA国际影视传媒 she said.

SA国际影视传媒淎nd our investment. Your investment, as Dene people was taken away. I donSA国际影视传媒檛 think it sends the best of messages to future investors. And it certainly doesnSA国际影视传媒檛 send the message that we heard for the last two days from the Dene chiefs and investors, about both their opportunity to control their future and invest in their own future.SA国际影视传媒

Wawzonek reportedly declined to speak on the matter when asked.



About the Author: James McCarthy

I'm the managing editor with SA国际影视传媒 and have been so since 2022.
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