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Northland Utilities to N.W.T. MLAs: Please save us

Northland Utilities is making a desperate last-ditch attempt to reverse its declining fortunes in Hay River and making some bold claims about the Northwest Territories government.

Private utility makes urgent plea to regular MLAs to stave off impending loss of Hay River franchise

Doug Tenney of Northland Utilities says the territorial government is creating an unfair atmosphere for a private utility to operate in. (CBC)

Northland Utilities is making a desperate last-ditch attemptto reverse its declining fortunes in Hay River and making some bold claims about the Northwest Territoriesgovernment.

In 2014, the Town of Hay River put the town's power distribution franchise up for competitive bidding after decadesof service from Northland. The town was unhappy with how much residents were paying for power.

Northland, which is majority-owned by ATCO, a private company, lost itscontract to the Northwest Territories Power Corporation, which is owned and run by the N.W.T. government.

While Northland has for months painted the government's decision to bid on the contract as an encroachment into private enterprise and as a move to expropriate Northland's energy distribution assets in Hay River, the company's accusations took on an extra chargelast week.

Northland Utilities' office in Yellowknife. The company also distributes power in Hay River, Fort Providence and several other communities. (Google Maps )

On ThursdayDoug Tenney,vice-president of Northern development forNorthland, met with regular MLAs to urge them to pressure cabinet members to put a stop to the process of buying up Northland's approximately $12-million assets in Hay River,at least until a third party cancomplete areview of a potential territory-wide partnership between the power corporation and Northland.

The proposition comes as the power corporation prepares totake over the Hay River franchise in November unless negotiations for purchasing the assets drag on, in which case Northland will remain responsible for keeping the lights on in Hay River.

Northland Utilities says it's been trying to talk to the N.W.T. government about creating one power entity in the territory for at least a decade. (Northland Utilities )

Tenney says Northland has been trying to talk to the N.W.T. government for at least a decade about combining the two power companies into one entity, a move Tenney says would save up to$3.5million in operating costs.

"We can't quite understand why we haven't been able to get the government to have a conversation like that," said Tenney.

On Friday, however, Louis Sebert, the minister in charge of the power corporation, refuted that narrative.

"It's a rather radical proposition being put to us late in the day," he said. "We haven't had a chance to consider it at all."

Cost of Northland buyout: $180 million

Tenney making littledistinction between the power corporation and the government said that if the government insists on moving forward in Hay River, then it should just buy out all of Northland's business interests in the entire territory.

Those interests, according to Tenney, are valued at around $180 million. Besides Hay River, Northland also delivers electricity to homes in several other communities including Yellowknife and Fort Providence.

Sebertchuckled at the notion of the government making that purchase, saying, "This is thefirst we've heard of this as a possibility. We're not considering it at this time."

Tenney says a number of factors have led Northland to suggest that desperate solution, which even he decries, saying it would be an unjustifiable expense at a time when the government's finances are "strained."

He says the government's recent move to replace the power corporation's board of directors with a stable of senior government bureaucrats is a step toward getting rid of the N.W.T. Public Utilities Board, the body that approves changes to electricity rates.

Tenneyaddsthe government has in the past toldthe board to overcharge Northland for wholesale power in Hay River and Yellowknife (in turn forcing Northland to overcharge its customers in those communities) so that the power corporation can undercharge ratepayers in smaller communities.

Tenney also suggested that if the government is willing to bid on the Hay River contract, it may also do so if the City of Yellowknife decides to put that city's power franchise up for competitive bidding in a few years.

No plans to dissolve regulator, says minister

In other words, the cards are being increasingly stacked against Northland, says Tenney.

"It's pretty tough if you're not wanted in a community by the government and the government holds all the cards," he said.

"They [actually, Premier Bob McLeod] appoint the Public Utilities Board, they set all the rules. If they don't want you here, it's going to be rather difficult to be in business."

"That's simply not true," said Sebert of Tenney's claim about the board's impending demise.

"There are no plans to dissolve it."

Louis Sebert, the minister in charge of the power corporation, denied Tenney's claim that the government intends to axe the territory's utilities regulator. (CBC)

In fact, after making the accusation on paper and in front of regular MLAs, Tenney told reporters he had nothing to back up his claim.

"I don't have anything that I can point to or any name that I would give you that said, 'This is who told us that's what's happening,'" he said.

Playing the First Nation card?

Tenney's other overarching argument against the power corporation's bid on the Hay River contract is that, by winning the contract, the power corporation is taking business away from First Nations.

Denendeh Investments, a partnership of 27 Dene First Nations, owns 14 per cent of Northland Utilities.

Three months after the Town of Hay River announced it would not renew Northland's Hay River contract, Northland announced a plan to allow Denendeh to increase its ownership stake to 50 per cent. It even tweaked the masthead on its website to say "An ATCO and Denendeh Company."

But that deal hasn't even been finalized.

To help with his charm offensive with MLAs last week, Tenney had by his side Darrell Beaulieu, the president of Denendeh Investments.

Denendeh Investments President Darrell Beaulieu told MLAs, 'We need someone to care.' (PDAC)

Beaulieu said Denendeh's stake in Northland has provided a stable source of revenue for the group.

"We need somebody to care," Beaulieu told MLAs, with Ed Sangris and Ernest Betsina, thechiefs of Dettah and Ndilo,watching supportively behind him.

"We have to keep the GNWT accountable for thepotential dangerous path they're on," added Beaulieu.

Asked later if his argument about taking business away from First Nations is disingenuous given that the ownership deal has yet to be finalized more than a year after it was announced, Tenney replied, "No, I don't think that's fair at all.

"I think even at a 14-per-cent ownership stake they have a significant asset there that's generated significant income for them over time. It allows them to participate in other things."

Respect the process, says MLA

Some MLAs appeared unconvinced with Northland's pitch.

Kieron Testart, the MLA representing Yellowknife's Kam Lake constituency, said that as far as the already-awarded Hay River contract is concerned, what's done is done and Northland should move on.

"We have to be respectful of the Town of Hay River," he said. "We have to be respectful of all our partner governments."

Kieron Testart, the MLA for Kam Lake, says the N.W.T. government needs to respect the process that the Town of Hay River took in seeking out cheaper power rates for its residents. (CBC)

"I'm not saying cancel it," Tenney said of the contract. "Let's have a real conversation about [a partnership]."

After the Town of Hay River awarded the contract to the power corporation, the two groups released a joint statement saying they believe the power corporation can offer Hay River power rates that are 20 per cent cheaper than what Northland is offering.

On Friday, Sebert conceded that that estimate is "somewhat of a moving target, but we're optimistic that once this process is concluded, ratepayers in Hay River will see significantly lower power rates."

A page from the presentation, circulated to regular MLAs by Northland Utilities, positing the government's 'real' energy agenda. (CBC)

Tenney says ATCO has agreed to find jobs for any Northland employees in Hay River who lose their jobs once the franchise is transferred to the power corporation, although those jobs are unlikely to be in Hay River.

But he also pointed to reports that theterritorial government mayabsorb those people.

"Which obviously begs the question," askedTenney. "If they want to hire all of our staff, where are these magical savings going to come from?"