ATCO negotiations 'an impossibility': Fentie
Talks among Calgary-based energy giant ATCO,
By Jason Unrau on August 12, 2009
Talks among Calgary-based energy giant ATCO, Yukon government officials and their consultants on a potential merger of the territory's and ATCO's electricity assets were called everything but negotiations at a press conference Tuesday.
Premier Dennis Fentie opened the afternoon proceedings by denying the government was ever in negotiations. He then refused to take questions from the media and left a pair of high-level bureaucrats to explain the government's actions.
"It's an impossibility (to engage in such negotiations) under our process," said Fentie before walking out of the press conference.
"For any government to make a decision to negotiate with anyone requires sanction by cabinet."
In October 2008, Fentie received a proposal from ATCO to discuss a new asset arrangement of the Yukon Energy Corp. and ATCO's Yukon Electrical Co. Ltd. He then tasked Shirley Abercrombie, the assistant deputy minister of Energy Mines and Resources, "to open a dialogue with ATCO."
Two months later, Willard Phelps, then-energy corporation chair, found out about the ATCO-government tete-a-tete, had a heated argument with Fentie and believed he received assurances the talks would be called off.
When Phelps learned early in June that the talks had continued, he and three other board members resigned from the board in protest. Phelps released a seven-page joint position paper to media indicating "talks" had reached the advanced stages.
The paper, produced by Abercrombie and the consultants, outlines a merger of the energy corporation's $200 million worth of assets with ATCO's Yukon Electrical Co. Ltd. assets, valued at $63 million, to create
"OPCO", to be owned 50/50 by the government and ATCO.
While no assets would change hands, the paper indicates ATCO would pick the new company's president, manage personnel and suggests ATCO was angling for control of a new board of directors.
Yesterday, Abercrombie said that over a period of seven months, the government held six meetings with ATCO in Calgary, at which several options were bandied around, including a limited partnership, trading or
purchase of assets and the OPCO model.
But these were not considered negotiations, she insisted.
"One of the things we were doing on this was we wanted to explore where the boundaries were ... and that's what that paper is doing," explained Abercrombie of the leaked position paper.
"It's exploring the boundaries on where we might hit a wall with ATCO ... because to be honest, we didn't really know where ATCO was going with this and we wanted to know where the boundaries were. So that's
what that is. It's exploring, we're not negotiating."
The paper also indicated that as Abercrombie and the consultants were horse trading with ATCO, the premier was offering carrots to ATCO behind the scenes.
"(Fentie) asked ATCO to consider making Whitehorse a northern base for a wider set of investments, and (he and Nancy Southern, ATCO's deputy chair) discussed water infrastructure, waste management and specific forms of housing," reads a position paper footnote.
Here's Abercrombie's take on this aspect of the talks:
"Water, housing ... it was raised at one meeting, but I said that was a separate issue, that was not my area of expertise and I would not be addressing it."
Before the government engaged in talks, ATCO demanded and got a confidentiality agreement.
"This is common for companies to do this when they're talking about their company and their role," said Abercrombie.
"We got into this negotiation, we were looking at financial numbers, we were looking at lots of stuff. So we signed a confidentiality agreement and that's still in place now."
"So when Willard spilled the beans, the talks got called off?" asked a reporter.
"Yes. Yes," Abercrombie responded.
As to how far-reaching the confidentiality agreement extended, there was no clear answer.
Phelps claimed that when he confronted Fentie in December 2008, Jim Kenyon, then the minister responsible for the energy corporation, was totally unaware of any such dealings. Fentie took over the portfolio from Kenyon in early July.
Abercrombie said after receiving ATCO's proposal, the government informed David Morrison, the energy corporation president, and assumed he would inform the board, which he eventually did.
As for "discussions" with ATCO, they ceased in June, and no agreement was reached between the Yukon and ATCO.
Reading from a prepared statement before taking questions, Abercrombie said since the late 1980s, four or five such discussions have taken place with ATCO.
She also indicated a future deal could materialize.
"Should government decide to move forward with the review of the proposal and benefits to the Yukon were recognized, this information would be submitted to cabinet for approval to develop a discussion paper and implement full consultation with the Yukon Development Corporation and the Yukon Energy Corporation board of directors, first nations and Yukon public."
Comments (13)
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name with held on Aug 21, 2009 at 10:59 am
Good for you Arn Anderson,
You get it.
You may not realize it fully, but at some visceral level you get it.
Its a beautiful thing that you don't like people lecturing you, because that means that you really get it.
Guess what Fentie has done....he has tried to secretly lecture you and the rest of us too....right out of our pocketbooks....because if he's wrong in his dealings (and who can say he's right?...not Willard Phelps or the rest of the resignees...they seem to think Fentie is dead wrong, and one can only surmise that Phelps and Co. were in their jobs because of their ability to think) Fentie will have lectured all of us into selling our assets at pennies on the dollar, and lectured the cash and our hard earned equity, right out of our toasted pocketbooks.
Whatever he was trying to do had something to do with our pocketbooks. Are you really comfortable with that? Do you have enough of a trust level with a politician, or anyone else, to let them go and cut deals behind your back that might eat your wallet? Not you nor anyone else, except Fentie, will ever know what he said to ATCO in private, and guess what Arn Anderson old boy....if you trust that, then you are far more trusting that anyone the rest of know...right back into the schoolyard.....don't you agree?
And if dealing behind the back is truly the way of your beliefs and your personal world, then the rest of us are obviously quite glad that we don't live like you, because it must be pretty depressing. Who wants to have people in their lives, or representing them on important things like their financial future, that work behind their back like Fentie does?
I was right from the start.....I'm sure you get it Arn.
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Janet Patterson - Yukon Energy on Aug 21, 2009 at 5:05 am
Just to correct a comment by Pat McMahon...Shirley Abercrombie used to sit on the board, but hasn't done so for a few years.
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Arn Anderson on Aug 20, 2009 at 11:34 am
Do not lecture me on trust please. I cant stand politicians but the basic facts are that people deal behind peoples backs all the time. How many meetings was there on rate increases by the publicly owned Yukon electric? Zero, so they are just as far worse as Fentie. Fentie is just a puppet from the Corporarcy. Sad but true but honestly, get rid of this electric disgrace, privatize it and give Yukoners the money from its sale but I doubt that will happen after all they SCREW the population day in and day out so they dont mind the little outrage by the populace.
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name with held on Aug 20, 2009 at 9:08 am
Arn Anderson, if Fentie is doing the right thing, what is your estimate of people who do back room deals that commit tens of thousands of people to things they have no idea about but will be responsible for through their utility bills if things go sour? Give your weak head a shake.
It may be that change is good, but how we make change in this democratic part of the world matters as much as the change.
We all question monopolies because they are bad. We also all question autocracies and dictatorial behaviour, because it is FAR worse.
The message here is not the idea, but the approach. The idea may be sound, but we'll never know, because we really can't trust Fentie to tell us what approach he actually took. Is there a big plum in this for him, or someone else, or are the risks he's discussed putting you and me in the taxpayer's sling for decades if this all goes south? You don't know, nor does the public, and that's bad, because we the public deserve to know, and will be held to pay the damn bills if the kinglet screws up....which he undoubtedly already has, and would likely have done to a greater degree if this would not have been exposed.
Your thinking may be sound, but only IF you have all the facts, which you don't, because FENTIE has kept them from YOU and the rest of us.
Call it TRUST 101.
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Arn Anderson on Aug 18, 2009 at 1:10 pm
Fentie is doing the right thing, sell off this disgrace and privatize the energy. Like it or not, Alberta has one of the lowest rates in Canada. Media that has an agenda only reports hydro rates in Alberta and Alberta has very little hydro so the rates are high, pretty convienent reporting to convince people otherwise.
Im sick of all the monopolies in the Yukon from Northwestel to this energy disgrace.
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Pat McMahon on Aug 17, 2009 at 2:55 am
I agree with many of the comments submitted to date. It appears to be another example in a long line of Fentie's arrogant bully plays. How uninformed can one person be and yet remain at the top of the governmnt?
It is interesting tha the media coverage only identifies Shirley Abercrombie as an ADM in Fentie's government. Isn't she also a member of the Board of Directors of Yukon Development Corporation - the Crown corporation that runs YEC? She must have been plugged into all of the negotiaions with ATCO. It seems a bit lame to suggest that Board membesr did not know prior to Morrison getting around to it.
These were indeed negotiations and only an ill-informed idiot would suggest otherwise. It's a strange way to run a utility owned by the people of the Yukon.
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Don McKenzie on Aug 13, 2009 at 4:44 pm
Is this to be the fall of Fentie? Don't be playing games with Albertan energy giants right now. Deregulation has shaken up things in Alberta, and not to the betterment of the ratepayer. ATCO is no better than the rest of them.
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name with held on Aug 13, 2009 at 11:27 am
A rose is a rose is a rose. In this case, there is no disguising the intentions of Fentie. Mr. Phelps is not blind, nor are his colleagues who resigned. Forcing officials and consultants to thicken the whitewash is cowardice. Staying to answer questions would have been very scary for someone worried about tripping up on their story; scampering out, while whistling past the graveyard, is the easy thing to do.
The Yukon Public can also see through the charade of this aftermath and will remember all the lies at the polls, that is of course, unless somebody crosses the floor and dumps the liar, kit and kaboodle, on his keester along with the other hangers on who really believe he can be trusted. The little kinglet hath no clothes.
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Jack Malone on Aug 13, 2009 at 10:49 am
Unbelievable. Fentie seems convinced that if he says it enough times, it will be true - despite facts to the contrary. Hey, Fentie - we're not mute idiots like your Cabinet members. We think for ourselves and it is clear - you are being untruthful [again].
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francias pillman on Aug 13, 2009 at 10:19 am
No matter how nice your home, no matter how many cars you have, no matter how many high ranking friends you have, you still wake up every single day with the face of a coward. He is destroying the word democracy with his childish actions, wake up and throw this loser out.
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David Griffiths on Aug 13, 2009 at 7:29 am
George Orwell coined the terms "Newspeak" and "Doublethink"
Mr Fentie has perfected them.
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John Lome on Aug 12, 2009 at 1:14 pm
He's a tiny pompous little twerp, isn't he?
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Doug Rutherford on Aug 12, 2009 at 1:12 pm
I don't quite understand why any talks regarding the possibility of YEC and ATCO merging assets would not be seen as "negotiations." This exercise in the abuse of the English language must have been invented by the same congenital idiot that invented the idea that this is "rationalization" and not "privatization."
Also, why would any discussion involving a merging or the transfer of publicly owned assets to a private company be subject to a confidentiality agreement? This is saying that we, the taxpayers who own these assets, should not be informed of what's going on. I assume this strategy worked well in the Soviet Union but isn't applicable here. Sadly, the losers who form the current government don't understand that the rules of a totalitarian dictatorship don't apply in a democracy... assuming that they actually know this is a democracy.