Residents take hydro surge complaint to the top
Joe Allan, one of several Cowichan Lake residents affected by a June 30 power surge, says residents should pursue their concerns by the book.
Victims of a Cowichan Lake power surge are prepared to take their concerns to the top.
They agreed at an Aug. 19 meeting to compile a list of the damage to their homes, as well as letters of complaint that can be presented to Blair Lekstrom, the minister responsible for BC hydro.
The group is seeking compensation in connection with a June 30 electrical surge, after a contractor apparently fell a tree onto a transmission line.
Ian Morrison, regional director for Cowichan Lake South, where most of the damage occurred, said he hopes to have a meeting with Lekstrom at the Union Of BC Municipalities convention in late September.
"We're going to have to have a planned, concerted effort here," Morrison told the meeting. "If the letters go across the minister's desk and he says deal with this, it will be dealt with."
Hydro CEO Bob Elton said in a letter to the CVRD the contractor, not BC Hydro, is responsible for the damage, although BC hydro is still willing to provide $1,000 in compensation to anyone who suffered damage.
"BC hydro's terms and conditions of service… provide that BC hydro has no liability for any losses or damages resulting from power interruptions or voltage fluctuations unless there had been willful misconduct on BC hydro's part," wrote Elton.
Elton's letter, however, doesn't include all of 23 (a) of the Electric Tariff, Supplement 5, which reads "...resulting from willful misconduct or negligent acts or omissions by B.C. Hydro, its servants or agents."
BC hydro spokesman Ted Olynyk said Elton's letter is accurate. "BC Hydro didn't hire the contractor, the BC Utilities Corporation hired them," he said.
According to BC Hydro's web page, its primary business activities are the generation and distribution of electricity. Transmission of that electricity is facilitated by the BC Transmission Corporation on behalf of BC Hydro.
Interestingly, Clause 23 (b) of the Electric Tariff reads: "The liability of BC Hydro under sub-clause 23 (a) applies only when the direct loss or damage to the customer arising from a single occurrence exceeds the sum of $10,000" nor shall liability exceed $1 million.
Joe Allan, who lives on Cowichan Lake Road east of Lake Cowichan and received electrical damage at his home, wondered if that's an out for BC hydro on many of the individual claims.
Allan suggested at Wednesday's meeting that because of the BC Utilities Commission's terms of reference for making a complaint — which suggests that ideally a complaint should be made in writing — it would probably be better to follow the terms of reference before deciding to take any other action.
He said taking this route would show B.C. hydro and the minister that the proper process was followed and that every effort was made by the complainants to resolve the dispute.
One woman said that in her experience with big corporations it takes a letter writing campaign to the chairman and a few board members to get action, especially by as many people as possible.
"They don't want the bad publicity," she said.
Morrison said he doesn't disagree with that, but also warned that the 179 people who have already filed complaints should stick together.
"I don't want to appear to be fractured," he said. "We have to make sure this group is united. United we stand, divided we fall will work well here."
Gerard Burg has offered to help set up a class action law suit and during the meeting his wife Glenda Burg also urged people to stick together.
"If you think that one or two of you taking legal action will work, BC Hydro will eat you and spit you out," she said. "They spend more than that on legal retainers. But a class action suit with at least 100 people, then you have some clout."
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