By -- Source, Reuters
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The Ontario Superior Court, in a ruling that surprised even the unions who fought the sale, said the province had the right to buy and own the electricity transmission and distribution giant, but not the right to sell it.
"It's a great victory ... Premier (Eves) said he was going to listen to the people of Ontario. Now is his chance," said Judy Darcy, head of the Canadian Union of Public Employees.
With 12 million people, some 40 percent of Canada's 30 million population, Ontario is one of North America's biggest power markets.
Its Conservative government, insisting its scheme was better than the messy deregulation in California, aims to open up the electricity market from May 1, and the sale of Hydro One was a key part of the process.
But Justice Arthur Gans backed the unions' argument that current legislation gave Ontario no right to make a sale. The province will have to change its laws if it wants to go ahead.
That will now be a decision for Ernie Eves, a banker and former provincial finance minister. Eves took over as premier after the resignation of Mike Harris, who laid the foundation for deregulation.
"We've asked the Attorney General to come forward with options where we can go from here," Eves said in a statement. Canadian media quoted him as saying the ruling might delay Hydro One's IPO.
RED FACES FOR THE TORIES The ruling is an embarrassment to the Conservatives because the opposition can block and delay changes to the law once the legislature reconvenes in May.
"This is just a nuisance," said Harry Koza, an analyst at Thomson IFR. "Some bureaucrat who helped draft the original legislation forgot to put in that they were allowed to sell it not just buy it."
The technicality creates a loophole that is bound to delay the IPO, scheduled for six weeks away, and will give opponents more time to build their case.
Ontario's Liberals, who lead the Conservatives in opinion polls, said they will oppose any move to change the wording in the law. Ontario's next election is due by 2004.
"This will be a democratic fight to the death. There will be no middle ground," said Michael Bryant, MPP, a member of parliament from the Liberal Party.
Opponents of deregulation point to the United States, where deregulation ground to a halt after California's spectacular failure in opening up its electricity market, a legislative misstep that boosted prices, bankrupted a big utility, and triggered an abrupt return to a regulated marketplace.
In Alberta, Canada's first deregulated market, consumers and business faced skyrocketing prices when the market was opened to competition at the start of 2001. The government opened its coffers to pay billions of dollars in rebates and smooth the transition, and prices have recently fallen back.
"It's time to put an end to this idiotic idea to sell off our electricity. I call on the premier to withdraw the IPO -- anything less is contempt of court," said NDP Deputy Leader Marilyn Churley.
The judge's ruling shocked Canada's investment community, which had expected the IPO to breeze through.
"It's obviously a very negative thing," said William Lacey, analyst with FirstEnergy Capital Corp. "You had the unions protesting the fact that Hydro One was going public. A lot of people in Ontario did not give them a lot of credence. Portfolio managers were basically of the view that it was not going to be an issue."
Lacey said he believed the ruling could delay Ontario's power industry deregulation, but he did not see it being completely derailed after years of false starts.
"The Ontario government has a lot of commitment to this. I think there's always a way around, it's just finding out what the unions want and whether that is an achievable goal."
Tom Adams, executive director of electricity watchdog Energy Probe, said the court decision had "created somewhat of a pall" around Hydro One's assets. "A buyer now faces a situation that involves courts and public concern," he said.