Towards a Positive Sum Regulation of Indigenous Utilities in B.C.

On March 11, 2019, the BCUC established the Indigenous Utilities Regulation Inquiry, setting April 30, 2020, as the date for a final report to be issued. As part of the process, BCUC invited public input, including open community meetings, written evidence, workshops, and written comments about how to regulate First Nations utilities which it now recognizes as legal actors in BC. At first glance, based on the depositions found at the BCUC website for this inquiry, the positions seem dichotomous. Incumbent stakeholders such as BC Hydro, the Commercial Energy Consumers Association, and Fortis appear to favor continuing to have BCUC as the regulator for the whole province. Meanwhile, most First Nations depositions, such as the Nisga’a, Beecher Bay, Osoyoos, Westbank, NVG, Adams Lake, and the Collective First Nations assert sovereignty to not only produce but regulate their own energy. Kitselas’ deposition is along these lines, seeing BCUC as limited to dispute resolution. In this working paper, we lay out a proposal to reconcile these two polarized positions, one that would both ensure reliability, safety, and competitive pricing for consumers while still allowing for a recognition of the sovereign rights of First Nations and the desirability of not only their self-sufficiency but also of their ability to participate in the clean energy goals of BC.