The
firing of BC Hydro's fairness commissioner, Michael Asner, raises
serious questions about the way the public power utility conducts
itself.
The job of an auditor, an ombudsman, a complaints officer
or a fairness commissioner is to ensure that an organization is in
compliance with its code of ethics, that its stakeholders are dealt
with fairly, and that its processes and procedures are open and
transparent. Often, what they have to say is not what management wants
to hear. That is why they are important, especially in a public agency.
Asner,
an expert in the request-for- proposal process, was hired to observe
Hydro's handling of a contract to overhaul the Crown corporation's
system of soliciting contract work, a project called Procure to Pay.
The
methods Hydro uses to award contracts is in the public interest because
it is owned by the province and regulated by the British Columbia
Utilities Commission. It pays no income tax but remits a dividend to
the government. Its tax-exempt status represents a subsidy financed by
taxpayers.
Hydro will have to invest massive sums over the next
decade to supply the growing demand for power. Indeed, the cost of
building the Site C dam on the Peace River is now expected to reach as
much as $6.6 billion. And Hydro will spend millions more to buy power
from independent power producers. BC Transmission Corp., a sister Crown
company, will have to invest $5.1 billion in the next 10 years to
upgrade the electrical grid to accommodate increasing power consumption.
So,
between now and 2018, Hydro will be doling out billions of dollars
worth of work to contractors. Because Hydro is a Crown corporation, it
is obliged to invite competing bids through the request for proposals
process. Preparing a bid is an expensive and time-consuming undertaking
for contractors and they must be assured they have a fair chance in an
open competition of winning the contract.
Asner argued that Hydro
failed to meet those conditions and breached its own rules when it
allowed Deloitte Touche to bid on the final phase of Procure to Pay.
Deloitte had already won contracts for the first two phases in a
competitive procurement, and was then able to deal itself in as a
bidder for the final phase under a request for proposal for which it
had written the specifications.
Asner said Deloitte would be
favoured in such a process and that a "Chinese wall" between Deloitte
employees who worked on the first two phases and those preparing the
bid for the third phase should have been considered to mitigate the
conflict. In fact, he noted that the case of a vendor submitting a
proposal when it contributed to a request for proposal was used as an
example in Hydro's own code of conduct guidelines.
In its
defence, Hydro maintained that Deloitte's work on earlier phases was
fully disclosed in the request for proposal, adding that it disagreed
with the view that Deloitte's involvement leads to the conclusion that
it has been favoured in the process. It is noteworthy that Asner had to
seek a ruling from Hydro's Freedom of Information officer to put his
exchange with the utility in the public domain.
BC Hydro has
every right to disagree with its fairness commissioner, just as
government can ignore an auditor-general's report or public bodies can
dismiss a report by a complaints board. But the public has a right to
know the details of that disagreement.
Asner's fairness
assessment was not an attack on BC Hydro. He raised valid concerns
about the way things were done. Reporting on the fairness of the
process was his job until he was fired Oct. 30. From the correspondence
we've seen, it appears he was fired because he did it too well.