Worrisome winter: Natuashish power decision not expected from judge before spring
A court case between the Mushuau Innu First Nation (MIFN) and the Board of Commissioners of Public Utilities (PUB) is now in the hands of a judge.
Members of the First Nation headed home to Labrador, after two days in the Newfoundland and Labrador Court of Appeals, where they are trying to get the utilities board to regulate their electricity.
Sengwung Luk, lawyer for the MIFN, said he doesn't expect a decision to come down before the spring.
"You never know what the courts will do," he said. "But this is not something I expect to be over very soon."
The PUB has questioned its jurisdiction to regulate in Natuashish since the community's infrastructure is owned by MIFL and not the province through Newfoundland and Labrador Hydro.
Fuel shortage a cause for concern
Three years ago, Natuashish ran low on diesel during the winter. Since electricity there runs on a diesel generating station, the community was forced to ration fuel and power.
The community was left to trust Hydro employees to handle the shortage without proper oversight from the utilities board, Luk said, and is worried about another shortage this winter.
"A lot of things could happen if generators broke down," Chief John Nui told the Labrador Morning Show. "The elders use heat from the generator. If that runs out, we have a problem on our hands."
The town was left without oversight from the utilities board since it moved from Davis Inlet in 2002. According to Luk, it was a "quirk" of the relocation that utilities ended up owned by the First Nation.
"All the infrastructure was built by federal and provincial governments, and they turned it over to the First Nation when the relocation happened."
Disagreements over charges
Under Section 101 of the Public Utilities Act, questions of jurisdiction may be directed to the appeals court, if the PUB wishes.
Since N.L. Hydro has no competition in the electricity market, customers rely on the utilities board to oversee operations and ensure fairness, Luk said.
With no oversight, the First Nation is left to examine monthly invoices from Hydro detailing the services the company provides.
In September 2015, Hydro went before the utilities board to ask for an increase in rates — a 2.8 per cent increase in Newfoundland and a 2.1 per cent hike for customers in most of Labrador.
Rates in Natuashish, meanwhile, were not part of those hearings, Luk said.
"I think there's disagreements between the First Nation and Hydro about whether there is overcharging. But the First Nation are not experts at electricity services the way the PUB is."
Newfoundland and Labrador Hydro declined an interview, but said in an emailed statement it did not initiate the court action and would cooperate with the MIFN regardless of the outcome.
The Board of Commissioners of Public Utilities declined comment when reached by CBC.
