UTGB Vol 5.pdf - Robson Hall Faculty of Law
UTGB Vol 5.pdf - Robson Hall Faculty of Law UTGB Vol 5.pdf - Robson Hall Faculty of Law
238 Underneath the Golden Boy premium which is the difference between the market rate contracted with a consumer and the futures price of the gas. 17 The consumer thus has the choice of either locking into a fixed rate contract through a private broker or purchasing natural gas at market influenced prices that may fluctuate significantly through Manitoba Hydro. The value of either choice is dependent on market prices and consumer preferences. However, according to Tom Adams, an analyst from Energy Probe, marketers charge steep premiums for fixed prices. 18 Mr. Adams states that if Manitoba Hydro were to fix natural gas rates and subsequently market rates dipped below the fixed rate, consumers could turn to brokers because they could offer ostensibly lower rates based on the low market rates prevailing at that point. Mr. Adams predicted this could cost consumers an extra $12 million on natural gas. 19 This is due to the fact that while private brokers may offer the comfort of fixed rates over a defined period, Manitoba Hydro may sell natural gas at a relatively cheaper rate in the long run, even though its prices will fluctuate with the national market rate. III. PuBLIC DEBATE: THE BACKGROUND ON BILL 11 In Manitoba, debate over the issue of natural gas regulation has brought various public interest groups forward. Numerous commentators have responded against price regulations in the Winnipeg Free Press. 20 Also, associations like the Consumer Association of Manitoba and The Seniors Association of Manitoba, have actively placed a watchful eye on natural gas prices. 21 These associations have also brought forth broader political issues that are affected by and are relevant to any political initiatives in natural gas regulation. These issues include but are not limited to the Kyoto Accord, emerging industries of alternate energy sources, and Manitoba Hydro's debt to equity ratio. 22 In addition to these specific issues, the pricing of natural gas has widespread economic ramifications. Direct financial consequences can often become an issue that supersedes political issues for a majority of the interest groups. 17 Tom Adams, 1 'Regulated gas a pain for Manitobans"Winnipeg Free Press (14 May 2006). 18 Ibid. 19 lbid. 10 Ibid., see also: Avrom Charach, 11 Province's Gas-Rate Freeze Will be Cold Comfort" Winnipeg Free Press (27 December 2005) and Tom Adams, "Manitoba wastes electricity, and now gas, toou Winnipeg Free Press (6 November 2005) [Adams]. 21 Manitoba Society of Seniors Inc. v. Manitoba, [1988] M.J. No. 69 (Man. CA) !Manitoba Society of Seniors lnc.] . 22 Manitoba, Legislative Assembly, Standing Committee of Social and Economic Development, Vol. LVII No. 9 (5 June 2006) at 367 [Standing Committee of Social and Economic Development (5 June 2006)].
A. Financial Considerations With respect to financially driven considerations, a consumer's interest in natural gas regulation relates to minimizing their bill payments. This may be achieved in the short term by decreased bill costs, or over a longer period by increasing the efficiency of one's energy consumption and thereby lowering one's bill payments. 23 Another financial driven consideration includes consumers who seek cheaper energy alternatives. As a corollary, if natural gas prices become unaffordable the consumer is forced to minimize its use or find an alternative energy source. However, these principles cannot be generalized to all consumer groups. For example, the Community Education Development Association has suggested that even if natural gas prices become unaffordable, low income families and seniors may not be able to invest in alternate forms of energy because the initial investment needed to convert is too significant. 24 Subsidized Power Smart initiatives that attempt to make energy efficient choices affordable may also be outside the fmancial reach of low income households, again, the initial investment is too significant 25 Yet another factor to take into account when examining consumer preference is whether the consumer does not use natural gas or does not have access to this resource. These consumers do not benefit from subsidized natural gas costs, but they may be subject to the tax that will directly or indirectly subsidize the cost. 26 This factor is especially important in Manitoba, as there are approximately 510 000 individuals that obtain their heat source from Manitoba Hydro, but only one,half of these individuals use natural gas. 27 This statistic includes entire rural and northern communities that do not have access to natural gas. 28 This issue has been noted in the Winnipeg Free Press, which stated that farmers without natural gas would be subsidizing city dwellers. 29 B. Political Considerations In addition to financial concerns, consumer preference is also altered by political issues. Environmentalists like former premier Ed Schreyer have 23 Ibid. at 386 (Dave Chomiak). 24 Ibid. at 388. 25 Ibid. 26 Manitoba, Legislative Assembly, Debates and Proceedings, Vol. LVII No. 20 (28 November 2005) [Debates (28 November 2005)] at 707 {Ralph Eichler). 27 Manitoba, Legislative Assembly, Debates and Proceedings, Vol. LVII No. 18 {23 November 2005) [Debates (23 November 2005)] at 625 Oon Gerrard). 28 Debates (28 November 2005), supra note 26 at 708 (Ralph Eichler}. 29 Helen Fallding, "Hydro seeks 5% rate hike for electricity" Winnipeg Free Press (22 November 2005).
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A. Financial Considerations<br />
With respect to financially driven considerations, a consumer's interest in<br />
natural gas regulation relates to minimizing their bill payments. This may be<br />
achieved in the short term by decreased bill costs, or over a longer period by<br />
increasing the efficiency <strong>of</strong> one's energy consumption and thereby lowering<br />
one's bill payments. 23 Another financial driven consideration includes<br />
consumers who seek cheaper energy alternatives. As a corollary, if natural gas<br />
prices become unaffordable the consumer is forced to minimize its use or find an<br />
alternative energy source. However, these principles cannot be generalized to<br />
all consumer groups. For example, the Community Education Development<br />
Association has suggested that even if natural gas prices become unaffordable,<br />
low income families and seniors may not be able to invest in alternate forms <strong>of</strong><br />
energy because the initial investment needed to convert is too significant. 24<br />
Subsidized Power Smart initiatives that attempt to make energy efficient<br />
choices affordable may also be outside the fmancial reach <strong>of</strong> low income<br />
households, again, the initial investment is too significant 25<br />
Yet another factor to take into account when examining consumer preference is<br />
whether the consumer does not use natural gas or does not have access to this<br />
resource. These consumers do not benefit from subsidized natural gas costs, but<br />
they may be subject to the tax that will directly or indirectly subsidize the cost. 26<br />
This factor is especially important in Manitoba, as there are approximately<br />
510 000 individuals that obtain their heat source from Manitoba Hydro, but<br />
only one,half <strong>of</strong> these individuals use natural gas. 27 This statistic includes entire<br />
rural and northern communities that do not have access to natural gas. 28 This<br />
issue has been noted in the Winnipeg Free Press, which stated that farmers<br />
without natural gas would be subsidizing city dwellers. 29<br />
B. Political Considerations<br />
In addition to financial concerns, consumer preference is also altered by<br />
political issues. Environmentalists like former premier Ed Schreyer have<br />
23<br />
Ibid. at 386 (Dave Chomiak).<br />
24<br />
Ibid. at 388.<br />
25<br />
Ibid.<br />
26<br />
Manitoba, Legislative Assembly, Debates and Proceedings, <strong>Vol</strong>. LVII No. 20 (28 November<br />
2005) [Debates (28 November 2005)] at 707 {Ralph Eichler).<br />
27<br />
Manitoba, Legislative Assembly, Debates and Proceedings, <strong>Vol</strong>. LVII No. 18 {23 November<br />
2005) [Debates (23 November 2005)] at 625 Oon Gerrard).<br />
28<br />
Debates (28 November 2005), supra note 26 at 708 (Ralph Eichler}.<br />
29<br />
Helen Fallding, "Hydro seeks 5% rate hike for electricity" Winnipeg Free Press (22<br />
November 2005).