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dam-l Quebec bill proposes to gut regulatory control over Hydro-Québec



Attached is an article of mine that appeared in yesterday's Montreal Gazette concerning draft legislation that will almost certainly become law within the next month.  Its effect will be to turn Hydro-Québec back into an unregulated monopoly, allowing it to develop new large hydro projects for export to the U.S. without any regulatory oversight.  (The environmental legislation allows for hearings under some circumstances, but the final decision is always up to the discretion of the Minister.)  The generation component of rates for captive consumers is also fixed without hearing by the government, and is set at a level that ensure that exports from existing facilities are subsidized by Quebec consumers.



Montreal Gazette, May 24, 2000

Power from the people:  Quebec bill would gut Régie and give authority back to government and Hydro

Philip Raphals

In introducing Bill 116, An Act to amend the Act respecting the Régie de l’énergie, on May 11, Natural Resources Minister Jacques Brassard signaled the end of an era in Québec energy policy.  More precisely, he indicated that the new era promised by the Bouchard government’s 1996 energy policy was not to be.

The 1996 energy policy called for a dramatic change in how Hydro-Québec operates.  Formerly, it was up to the government to approve HQ’s new hydro projects, its rate proposals, its long-term plan and its exports.  But, as it would eventually acknowledge, the government was not only technically incapable of regulating the massive utility but was in a conflict of interest as well.  In the aftermath of the embarrassing cancellation of the controversial Great Whale project in 1994, the new PQ government launched a massive Public Debate on Energy, to find a better way.

Nearly a year and half and dozens of public hearings later, a unanimous report recommended that these powers be vested in a neutral and transparent energy board, whose mandate would be based on the principles of sustainable development.  In 1996, the Bouchard government set up just such a Régie.

Paralysis

The Régie has existed for three years now, but it has yet to review Hydro-Québec’s rates, approve (or reject) a project, require an energy efficiency program or examine a long-term plan.  In fact, since its creation, the Régie’s exercise of its jurisdiction over Hydro-Québec has been largely paralyzed by rumours of impending legislative amendments sought by the utility.

The Régie did hold one lengthy hearing in 1998, on a Hydro-Québec proposal for a complex ratemaking mechanism designed to avoid scrutiny of its generation activities.  After hearing many of North America’s top energy experts advise against it, the Régie came down strongly against HQ’s proposal.  Indeed, in its landmark 72-page decision, the Régie warned that accepting Hydro-Québec’s proposal would make critical review impossible, would create an appearance (at least) of conflict of interest, and could force Quebec customers to unwittingly subsidize the utility’s exports.

The government hesitated almost two years before acting on the Régie’s recommendation.  Despite unanimous support for the Régie by Quebec’s consumer, environmental, industrial and labour leaders, despite numerous resolutions of support from the PQ’s own National Council, the government sided with Hydro-Québec.  In introducing Bill 116, the Minister moved to implement by legislative fiat the ratemaking mechanism Hydro-Québec had unsuccessfully proposed to the Régie in 1998.

Subsidies for exports

The traditional approach to setting rates for a vertically integrated monopoly utility like Hydro-Québec is based on its cost of service plus a reasonable return on equity.  But under Bill 116, Hydro-Québec’s generation would be handled differently.  Instead of paying a cost-based rate, Quebeckers would pay a fixed price  2.79¢ per kWh, up to a limit of 165 terawatthours (TWh).  According to a study carried out for the Minister by Merrill Lynch, this price is high enough to generate a generous return of 18%. 

Quebeckers only use some 150 TWh of that energy, but, at this price, revenues from those sales will cover the cost of producing it all, including a healthy return of 10%.  The remaining 15 TWh will be exported; since the costs are already paid for by Quebeckers, the revenues go straight into utility profits, resulting in precisely the type of subsidy the Régie warned against.

Shielding Hydro-Québec from public scrutiny

The Minister claims his amendments are necessary to prevent the Régie from imposing residential rate increases.  In fact, Bill 116 would eliminate all public scrutiny of Hydro-Québec’s generation rates, its dam projects and of its exports. 

Under current legislation, Hydro-Québec would have to prove to the Régie that its generation projects are the best option from an economic, environmental and social point of view.  It would also have to ensure that HQ’s exports are not subsidized by Québec consumers and don’t draw reservoirs down to dangerously low levels.  Indeed, according to American experts hired by the Régie, in recent years they have come dangerously close to doing so.

Under Bill 116, all these powers will be removed from the Régie.  In their place, all decisions about generation are returned to the government, where they were before the Public Debate began, five years ago.

Competition

In defence of his bill, Minister Brassard argues that we are doing nothing but joining the worldwide trend toward “deregulation.”  There is indeed a worldwide trend, but its focus is on competition, not deregulation; it is only when there are vigorous competitive markets that the need for regulation diminishes.  Obviously, there is no such competition in Québec.  Bill 116 does open a narrow door to competition for new resources, but, compared to HQ’s 36,825 MW, they will be just a drop in the bucket for decades to come. 

Testifying in the 1998 hearing, Peter Bradford, former chair of the New York Public Service Commission and one of the most respected figures in the American regulatory community, stated: “In my experience, … the combination of a high degree of secrecy with a high degree of monopoly is very likely to lead to significant abuses, not necessarily today or tomorrow, but over time.  And the reason is that there is so little accountability in such an arrangement.” 

At the 1998 hearing, a HQ VP stated that, “the goal of the current exercise is precisely to not have to divulge that sort of information [about generation].”  But according to Bradford, that wouldn’t fly in the U.S.: “Only when the generation sector is deemed competitive is any U.S. regulator likely to permit the utility to reduce or eliminate the filing of generation cost data.” 

This week, Quebec plays host to the First World Forum on Energy Regulation, organized by the Régie together with associations of American and Canadian regulators.  It is ironic that Québec should choose this moment to abandon its attempts to regulate Hydro-Québec properly.


Philip Raphals is associate director of the Helios Centre for Sustainable Energy Strategies, an independent, non-profit energy research and consulting group.


Philip Raphals
Directeur adjoint
Le Centre Hélios
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