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Class Action Suit to Save Hydro
 

  Class Action Sit to Save Hydro
By B.C. Citizens for Public Power

BC Hydro - and our affordable Public Power - is being sold to a foreign multinational. A lawsuit is the only way to stop this privatization.

For more than 40 years British Columbians have had the third-lowest electricity rates in North America, with reliable delivery of clean, non-polluting hydroelectric power, thanks to the investments made by BC taxpayers and BC Hydro customers.

BC Hydro, owned 100% by the people of British Columbia, has an integrated system of generation, transmission, distribution and customer service that has benefited residents, businesses and government.

But the BC provincial government is moving quickly to privatize key parts of BC Hydro, dramatically increase electricity rates and break up the crown corporation, despite election promises not to do so.

BC Hydro has signed a Memorandum Of Understanding to transfer one-third of BC Hydro’s operations and workers to Accenture, a controversial Bermuda-based, private corporation. The details are secret, but a 10-year deal to privatize BC Hydro is to be signed by the end of December, 2002.

And the government’s Energy Policy Task Force interim report recommends privatizing transmission and future power generation, while increasing electricity rates from 30% to over 100%. BC’s biggest industries warn that the radical chances proposed for BC Hydro would be a disaster. They say it would cost the province more than 6,000 direct jobs as mines, pulp and paper operations and manufacturing plants closed, with thousands more indirect jobs lost.

BC Hydro also provides government with much-needed revenue for health care, education and other services. Last year BC Hydro contributed $790 million to the province and local governments and $904 million the year before.

This has all happened without public consultation, even though polling shows more than 75 per cent of British Columbians oppose selling off BC Hydro.

There is only one way to stop the privatization and save BC Hydro - by going to court to force the government to be accountable to its citizens, the shareholders of BC Hydro.

That’s why BC Citizens for Public Power is launching a class action lawsuit - to protect BC consumers and to ensure due process and full consultation

What does the lawsuit claim?
Breach of Fiduciary Duty. “Fiduciary” means “the holding of something in trust for another.” We are arguing that BC Hydro, and the government of BC have an obligation to taxpayers and customers. We did NOT authorize them, nor elect them, to break up BC Hydro, sell part of the company to Accenture, and charge us more for electricity. We also argue that the sale of BC Hydro would be a breach of contract. As taxpayers and customers, we made BC Hydro what it is today. We took the risk during the early years that investing in BC Hydro would pay off in the end, which it now is.

Our risk was worth it. Now we should continue to benefit from our investment of tax dollars with affordable energy. The selling of BC Hydro means that our Return on Investment is being taken away from us. And that is a breach of contract.

Citizens built BC Hydro since the 1960s - neither BC Hydro itself, nor any private company, should be permitted to profit at the expense of taxpayers and customers.

How will this class action lawsuit work?
A class action lawsuit can be launched when the actions of a defendant, in this case, the government and BC Hydro, impact a large number of people. Rather than every British Columbian going to court individually, a class action suit is launched on behalf of the “class” - BC Hydro ratepayers and BC taxpayers.
Citizens for Public Power is launching a lawsuit under the Class Proceedings Act, R.S.B.C. 1996, c.50. Two representative plaintiffs have volunteered in order for Citizens for Public Power to initiate the lawsuit and all British Columbians are encouraged to add their name to the Letter of Intent in support of the lawsuit.

How can I join?
If Citizens for Public Power is successful in its application to have the case certified as a class action, everyone who: (a) is a resident of the province of British Columbia; (b) pays taxes to the government; (c) either is a BC Hydro customer or; (d) is a consumer of electrical power produced and/or transmitted by BC Hydro; (e) or is a resident of the southeastern region of the province, and is a customer of Utilicorp Networks Canada Ltd., who retail power produced and/or transmitted by BC Hydro; will be part of the class, and covered by the action.

Is there any legal or financial risk to myself if I join?
None. Signing the Letter of Intent does not put you at any risk.

Will I need to testify in court or file any legal documents?
No. There is no obligation whatsoever to be involved in the lawsuit.

How do I stay informed as the lawsuit proceeds?
Updates will be posted on the Citizens for Public Power website at: www.citizensforpublicpower.ca. In addition, once the lawsuit is certified as a class action, you will receive information about the action and outlining the next steps. And the media will report on our progress.

Who do I contact for more information?
Contact BC Citizens for Public Power by visiting www.citizensforpublicpower.ca, calling 604-790-3352, or writing to the address below.

Can I donate money to help the cause?
Yes, please. This is a costly campaign and your donations to save BC Hydro are more than welcome, they are needed. It’s easy to make donations by credit card from the website, www.citizensforpublicpower.ca.

Or, cheques or money orders can be mailed to: BC

Citizens for Public Power Society,
53 - 1895 Commercial Drive,
Vancouver, BC, V5N 4A6





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