n I-' 9G85 Hydro -e:].ec trie Power commission OEPT. "MURRAY REPORT" ON ELECTRIC UTILITIES REFUTATION "— OF UNJUST STATEMENTS CONTAINED IN A REPORT PUBLISHED BY THE National Electric Light Association ENTITLED "Government Owned and Controlled Compared with Privately Owned and Regulated Electric Utilities in Canada and the United States'* RESPECTING THE Hydro -Electric Power Commission of Ontario TORONTO— 1922 ^^'^ 28 1929 DIVERSITY RE "MURRAY REPORT" ON ELECTRIC UTILITIES REFUTATION OF UNJUST STATEMENTS CONTAINED IN A REPORT PUBLISHED BY THE National Electric Light Association ENTITLED "Government Owned and Controlled Compared with Privately Owned and Regulated Electric Utilities in Canada and the United States'* RESPECTING THE Hydro -Electric Power Commission of Ontario TORONTO— 1922 T f. TA.fM-^-t FOREWORD THERE has recently been issued a voluminous printed report under the title "Government Owned and Controlled, compared with Privately Owned and Regulated Electric Utilities in Canada and the United States." This report is popularly known as the "Murray Report." Even a cursory examination of its contents reveals the fact that its real purpose is evidently to undermine, if not to destroy, public confidence in public ownership and to this end an attempt is made in it to discredit the success of the municipally- owned, hydro-electric power and light undertaking operated for Ontario mimicipalities by the Hydro-Electric Power Commission. From an explanation presented in the report it is learned that it was prepared by a United States firm of consulting engineers— Mr. W. S. Murray and Mr. Henry Flood, Jr. — acting under instructions from the National Electric Light Association through which organization the report has been distributed to the public. The report itself is signed by W. S. Murray, who personally received instructions from the National Electric Light Association. This Association is antagonistic to public ownership. Of himself, Mr. Murray, in his report says, "I have never subscribed to governmental ownership of electric utilities in the United States." In the introductory portion of his report Mr. Murray records that he received a commission "from the National Electric Light Association, to investigate and report on the electric utility systems as operating in the United States and by the Hydro-Electric Power Commission of Ontario." Mr. Mur- ray also states: "that the electric utility officials in the States were very much at sea regarding the facts of the Hydro-Electric Power Commission's policies and operations," and that consequently it is his desire to set forth the facts "so that they would be correctly interpreted beyond peradventure of doubt." The results of Mr. Murray's efforts have been published and a large and widespread distribution of his report has been made throughout both the United States and the Dominion of Canada. An examination of Mr. Murray's report shows that some eighty-five per cent of its contents consists of information epitomized, or otherwise arranged by him from data supplied from the records of the Hydro-Electric Power Commission of Ontario. !f' .STATEMENT IN REFUTATION The report cf Mr. Murray effects comparisons between "privately- owned" electric utilities and the Hydro-Electric Power Commission of Ontario, and purports to do so in an "impartial and exhaustive" manner. Information relating to the Commission was unstintingly supplied to Mr. Murray and, as just intimated, portions of these data have been published by him in great detail. He, however, in his report, makes no attempt correspondingly to supply information respecting the private electric utilities. With regard to the private companies in the United States, Mr. Murray fails to designate adequately even the sources and limitations of many of the data which he has employed; while with respect to the private companies in Canada with which he compares the Hydro-Electric Power Commission, Mr. Murray, in response to a special request from the Chairman of the Commission, replied that the data of the private companies were given to him in "confidence" and that in this connection he must preserve the restrictions imposed upon him. He could not even submit the data to the Commission, in order to assist it in going more fully into certain assertions published in his report. It will be appreciated therefore, that although on the one hand, the reader has available the detailed evidence relating to the operations of the Hydro-Electric Power Commission, nevertheless, on the other hand, he must content himself— if able so to do — with unsupported assertions made by Mr. Murray now known to be founded upon "confidential" and unpublished data of private interests. Although Mr. Murray's report upon the face of it bears "ear-marks" of reliability and no expense has been spared to present it in attractive form, nevertheless, Mr. Murray makes incorrect statements and representations respecting the Hydro-Electric Power Commission of Ontario and its operations, which lead to conclusions at complete variance with the facts. It is desirable, therefore, that an authoritative statement be made which shall disclose the inherent unsoundness of Mr. Murray's report. The users of electrical energy in the province of Ontario are in no doubt respecting the actual and genuine benefits of the cheap light and power which they have so long enjoyed. It is, however, not for the citizens who understand the subject that the present statement is prepared, but rather for those in Canada or in the United States who are unfamiliar with, but who nevertheless are really concerned to know, the facts. It is believed that both in Canada and in the United States there are many interested in the work of developing, distributing and using hydro-electrical energy who would like to know the real facts relating to the subject Mr. Murray discusses, but who are unable either to take the time or to make the effort necessary to conduct an inde- pendent investigation. Even among the members of the National Electric Light Association there are, no doubt, many v/ho would like to know definitely whether or not Mr. Murray's conclusions could satisfactorily be sustained if criticism were intelligently directed against them. There are, in Canada, some who have been unsettled by similar propaganda plausibly sent forth but devised with the express object of discounting the achievements of Ontario's municipal hydro-electrical undertaking. RE MURRAY AND FLOOD REPORT in In commencing this discussion it should clearly be understood that the very title of Mr. Murray's report is misleading. The phrase "Government Owned and Controlled," in its usually accepted meaning — and especially as understood in the United States — conveys a significance radically different from any which can be attached to the operations of the Hydro-Electric Power Commission of Ontario. As commonly understood, "Government ownership" carries with it the conception of political domination in the appointment of oflBcials and other employees and in the purchase of equip- ment and supplies and, in addition, the view that political manipulation may be impressed upon important phases of the operations in hand. As contrasted v/ith such a political organization it may simply be stated that the Hydro-Electric enterprise of the Municipalities in the province of Ontario is not "Govern- ment ownership." It is co-operative, municipal ownership working through the agency of independent commission control and administration and is entirely removed from political interference. Mr. Murray has not emphasized as he should have emphasized, nor has he kept to the front, this fundamental distinction between "Government ownership" as generally understood, and Co-operative Municipal ownership as expressed in the constitution and work of the Hydro-Electric Power Commission of Ontario. Had this point alone been clearly brought out by Mr. Murray, he would have required to look elsewhere than to the Hydro-Electric Pov/er Commission for his only illus- tration of a "Government Owned" electric utility. It was, however, vital to Mr. Murray's presentation that, by some means, he should identify the undertaking of the Hydro-Electric Power Commission with government ownership, in order that the stigma of government ownership as commonly understood should be transferred to the unique, co-operative, municipal- ownership undertaking of the Commission and thus aid in casting discredit upon the achievements of the people of the province of Ontario who have directly assumed the financial responsibility of obtaining their hydro- electrical energy at cost. Mr. Murray states that the National Electric Light Association desired to have a report "based on an impartial and exhaustive study." It is proposed in the present Refutation to show, briefly, some of the methods adopted by Mr. Murray in order to reach his conclusions and then to leave the National Electric Light Association and the Public to judge of the correctness of the charge that Mr. Murray's report is not "exhaustive," it certainly is not "im- partial," and, moreover, embodying, as it does, such fallacious methods as Mr. Murray has employed, its conclusions also are necessarily unsound. Mr. Murray has made definite statements purporting to be true but which are at absolute variance with well-known facts. He has misquoted statements, even replacing significant words therein with others. He has employed partial and misleading data, thereby arriving at conclusions which cannot for a moment be supported if the correct data be employed. He has presented grossly misleading statements respecting even physical facts within his knowledge, and he has made comparisons between entities radically differ- ent, when even a proper recognition of the real differences would have created IV STATEMENT IN REFUTATION an impression entirely at variance with what he has represented. He has inflated costs in a manner which falsifies the conclusions. Such procedure is characteristic of the use made of much of the essential material embodied in the premises which Mr. Murray has adduced and upon which he has based his conclusions. This accounts for the worthless nature of such conclusions. It is unnecessary in this Foreword to follow Mr. Murray through the many unjust representations by means of which he plausibly seeks to impose upon the credulity of his readers. His garbling of documentary data, his general misrepresentation respecting the operations of the Commission, his unwar- ranted statements relating to the concentration of industries or to the thrott- ling of initiative, his puerile dealing with economic subjects, such as muni- cipal taxation, the question of 'intangibles,' bonded indebtedness, and other similar features, and even his unprofessional treatment of important technical data, will all be found to be characterised by the same lack of frank and adequate consideration which is exemplified by the following specific illus- trations. In dealing with the legislation under which the municipalities carry on their electrical operations, Mr. Murray refers in rather, a disparaging manner to certain broad powers which the Government of the Province has conferred upon the Commission. He states: "It is apparent as one reads the many laws enacted that the faith of the people is in an all-wise, unerring commission which 'can do no wrong,' and legislation has been constantly passed so that the Commission is entirely free from any character of inhibition; barriers, legal or otherwise, are levelled to give free swing to the conscience and action on the part of the Commis- sion." In referring to certain circumstances where such broad powers as have just been intimated might be invoked, Mr. Murray contends that no suit could have been brought against the Commission "since," states he, "the Commission cannot be sued without fiat from the Attorney-General, and to date no fiat has ever been granted." Within the period from 1912 to date, the Attorney- General of the Province of Ontario has granted more than twenty-five fiats per- mitting legal action to be brought against the Commission. This statement shows that Mr. Murray has definitely recorded that which is at absolute variance v/ith fact. When Mr. Murray is contending in his report that the Hydro-Electric Power Commission is clothed with an "unlimited" authority which makes it, as he charges, "the sole judge of its own acts," he purports to quote the Power Commission Act. In so doing, however, he expressly omits certain all- important, qualifying words in the earlier form of the Amending Act he employs. Thus the phrase "in respect of which authority is, by this Act, conferred upon it." is altered by Mr. Murray to read "in respect of that authority as by Act conferred upon it." RE MURRAY AND FLOOD REPORT v By thus altering the wording of the Act, Mr. Murray creates the false impression that the jurisdiction conferred by the particular portion of the Act cited, relates to the operations of the Commission as a whole, instead of relating as it does only to certain comparatively unimportant and special features covered by the provision of the Act in question — that is, by this Act. These features refer to a relatively minor power of the Commission which permits it to approve of certain matters relating to the joint construction of lines on highways, and in this connection the Commission acts in the capacity of a regulatory commission. Mr. Murray's zeal to support his charge that a power of procedure had thus been "granted to the Commission, unlimited," has impelled him to such an extent that he is ready to misquote even the wording of a Statute in order to lend plausibility to his unfounded contention. Again, when Mr. Murray is discussing rates for light and power for certain places as compared v/ith the rates for other places served through the Hydro- Electric Power Commission, he employs data which, rightly understood, totally discredit his conclusions. Mr. Murray, for example, states that, in 1920, the street lighting cost per capita in the city of Buffalo was 60 cents as compared with 67 cents per capita in the city of Toronto. Mr. Murray, however, does not inform his readers that in Buffalo more than one-half of the total number of street lights are gas or gasoline lamps, whereas in Toronto all the street lights are electric. The significance, of course, of this omission is that Mr. Murray has taken less than one-half of the total cost of street lighting in Buffalo and then compared it with the whole cost of all the street lighting in Toronto. Had Mr. Murray used the figures necessary to effect a correct comparison then he would have had to say that, in 1920, the total cost of street lighting per capita in Buffalo was $1.15 and not 60 cents per capita as he has incorrectly stated. Such a presentation of facts, however, would not have fitted in with Mr. Murray's argument. What is required in matters of this kind is "impartial and exhaustive study" and in an instance like that just cited Mr. Murray shows himself to be singularly incompetent to prosecute such a study. Even with respect to certain physical facts, Mr. Murray lamentably fails to present impartially the true condition of affairs. With regard to the storage on the Nipigon river as contrasted with the storage available on the Kaministikwia river, Mr. Murray states that the Nipigon development "lacks a storage equal to that available to the Kaministikwia plant." The physical facts are that the Nipigon river has a potential storage of 4,896,000 acre-feet which with the flow of the river would jaeld a controlled flow of 6,500 cubic feet per second, whereas the Kaministikwia river has a storage of 547,000 acre-feet yielding, correspondingly, a controlled flow of but 1,000 cubic feet per second. Thus the potential storage on the Nipigon watershed is over nine times that on the Kaministikwia. Moreover, the ultimate power which may be developed on the Nipigon river is about four times that which may be developed upon the Kaministikwia river. In view of such facts it is VI STATEMENT IN REFUTATION incomprehensible that Mr. Murray should state that the Nipigon develop- ment "lacks a storage equal to that available to the Kaministikwia plant" when in point of fact it does not lack, but surpasses it manyfold. Not to have directed attention to the very special features distinguishing the water power of the Nipigon river, and to have compared the Nipigon river with the Kaministikwia river, as Mr. Murray has done, is certainly not "impartial" consideration, but, rather, is an unpardonable breach of professional integrity on the part of the authors of the Murray-Flood Report. Throughout his report Mr. Murray effects comparisons between data and circumstances which often are inherently and radically different. Not only does Mr. Murray fail to direct his readers' attention to these fundamental differences, but in some cases he actually precedes the "comparison" he in- tends to make, by a special discussion of differences between entities which subsequently are not involved in the comparison actually made. In such a case, unless the reader is on guard, he fails to perceive the tricky device by which his attention has been transferred from an important to an inferior consideration. A typical example of this method as adopted by Mr. Murray, is found in the way in which he presents his comparisons of the average costs of power to the people of California and of Ontario. In discussing this subject, Mr. Murray first directs his readers' attention specifically to the advantages en- joyed by the people 0/ the Niagara district in having Niagara Falls as the source of power. "This," states Mr. Murray, "should be kept in mind es- pecially when the comparison is drawn for the California situation." He then, under the caption, "California Compared to Ontario," makes his com- parison, not however, on this broad basis of California and Ontario, nor indeed between California and the only Hydro system which in magnitude is at all comparable with California, namely, the great Niagara system to which he has specifically directed his readers' attention; but between California, and, to use Mr. Murray's subtle expression, the Hydro systems "other than the Niagara." The reader unfamiliar with the actual situation, would probably not know that the systems "other than the Niagara," embrace only the smaller and relatively unimportant systems of the Hydro-Electric Power Commission which serve the less populous sections of Ontario and represent in all less than one-seventh of the total load on the Hydro systems. The cost of power from these relatively small systems is "compared" by Mr. Murray with the cost in California where over a million horsepower is developed and where the electrical energy "delivered to agricultural industry" states Mr. Murray, alone amounts to about 500,000 horsepower. The com- parison Mr. Murray actually makes is foolish, but his attempt thus to beguile his readers is an imposition upon their lack of knowledge of the facts. Fi'cm the illustrations already considered it is apparent how inexcusably inaccurate Mr Murray has been when dealing with data of fact, but when he imdertakes to deal with hypothetical factors involving future circum- stances, he, as will be seen from the following comments, transgresses sound RE MURRAY AND FLOOD REPORT vii procedure in a manner even more indefensible. By way of illustration, it may be pointed out that in presenting his es- timates of the cost of Niagara power with the Queenston-Chippawa develop- ment operating under various deliveries of power, Mr. Murray commences by making a number of gratuitous assumptions respecting the amounts of water which v/ill be available, the extent to which he states existing installations will have to be scrapped, and so on, and then, he proceeds in a most astonish- ing manner to inflate estimates by millions of dollars. For example, in an important instance he has employed an interest rate of 8.15 per cent, thereby imposing a fictitious annual charge upon the Commission's operations of over $1,600,000. In another instance he has provided over $2,000,000 annually for the renewal of plant equipment which he proposes to scrap, and which would not be renewed at all. It will be seen from the more detailed consideration of this aspect of Mr. Murray's report how, by inflation and other devices, he has estimated a total annual production cost for power of $12,310,000 instead of what this total would be if correctly estimated under his own assumptions, namely $7,200,000. In this instance, he has overestimated the cost of power to the Niagara system by about $11.00 per horsepower or 75 per cent. Evidently Mr. Murray's views of engineering economics demand serious attention and revision. It will be appreciated that such methods of handling and presenting data as those referred to, simply place Mr. MuiTay's whole report out of the position where it is entitled to be considered seriously, or even with respect; they show conclusively that the report is not compiled in an "exhaustive" nor in an "impartial" manner and hence its conclusions are not entitled to consider- ation. No one reading the Murray report could fail to be impressed with the fact that one of the chief objects which Mr. Murray seeks is to establish his contention that under the auspices of the Hydro-Electric Power Commission's operations the people do not receive advantages in their rates for light and power as great as do the people of the province of Quebec and others in the United States. In other words, Mr. Murray alleges that electrical energy is dearer in Hydro municipalities than it is in other territories to which he refers. In view of the general unreliable character of statements and comparisons made by Mr. Murray, his comparisons respecting the cost of power could not be expected to command serious attention, but in this connection also, his basic factors are seen to have been greatly distorted according to the erroneous methods above exemplified from other sections of his report, and thus his con- clusions respecting the costs of power are also in error. In the more detailed statement which follows this Foreword, it is explained how Mr. MuiTay fails to present information which is absolutely necessary in order intelligently to discuss some of the conclusions which he has expressed. Mr. Murray, for example, has not sufficiently defined his districts nor VIM STATEMENT IN REFUTATION the populations which he respectively uses. He has not given summaries of the quantities of power involved, nor shown how, for the respective districts, his quantities are determined. In important instances, he has made com- parisons between unlike units with the result that his conclusions, based upon such premises, are necessarily valueless and misleading. Time and again, Mr. Murray dogmatically asserts that comparisons of certain quantities with certain other quantities, give results of such and such percentages, greater or less, as the case may be, but he does not present the basic quantities themselves, with the consequence that no one can tell how he arrives at his percentages. Again, the Commission has been denied the use of certain im- portant data supplied to Mr. Murray respecting privately-owned companies: Mr. Murray's excuse being that the data withheld are "confidential" for his use and could not be disclosed. Because Mr. Murray has dealt with his subject in this manner it has been impossible either with respect to his larger territorial areas or with respect to important cities to which he has referred, to deal specifically with his conclusions involving such communities. How- ever, sufficient data are available for dealing broadly with his comparison between the costs of electrical energy to the citizens of the city of Buffalo and the city of Toronto. From this comparison it will be found that Mr. Murray has blundered in a manner corresponding to that which has so often been shown. According to Mr. Murray the average cost of electrical energy to the citizens of Buffalo is 20 per cent lower than to the citizens of Toronto as supplied by their Hydro system, whereas the data rightly employed show that the reverse is the fact and that the energy costs in Buffalo are on the average higher than the costs of Hydro service in Toronto by over 35 per cent. The erroneous method which has resulted in false conclusions in the case of the comparison of the costs of electrical energy in the cities of Buffalo and Toronto is the same as that adopted in Mr. Murray's comparisons of the cost of power in various other districts. It follows, therefore, that the results of Mr. Murray's other comparisons must be correspondingly false, and con- sequently his whole consideration with respect to this subject may be dis- missed. With regard to the charges for electrical energy made by the Hydro- Electric Power Commission, it is sufficient to state that the factors germane to the cost of power are published in the annual reports of the Commission. No other hydro-electric power organization publishes an annual report pre- senting anything like the amount of classified, detailed information contained in the Commission's reports. All such data are separately audited and ap- proved by auditors independently appointed by the Government of the Prov- ince. Had Mr. Murray been just in his employment of even the data which he has utilized, and had he used ordinary discretion in selecting comparable data from other sources, he could never have reached the fallacious conclusions he has published, but on the contrary he would have found that the rates for light and power throughout the Hydro system in Ontario are cheaper than for like service elsewhere in the world. It is actually hydro-electrical energy "at cost." RE MURRAY AND FLOOD REPORT ix For lighting alone, the over 300 municipalities now enjoying their "Hydro" service have, during the period of operation, saved through re- duction of rates approximately $60,000,000 over what would have been the cost under rates prevailing before their undertaking was initiated. As Mr. Murray says in his report: "Facts are impersonal things, sometimes they hurt." It is facts like this which appear to hurt Mr. Murray and those who fain would wish his conclusions were sound. But such facts do not hurt the citizens of Ontario who have actually experienced such saving and who know the benefits they have derived from "Hydro" electric power and light. During the fifteen years of its active operation, the Hydro-Electric Power Commission of Ontario has been called upon to bear much unjust criticism. Occasionally this has resulted from well-meaning parties undertaking to dis- cuss phases of the Commission's work respecting which they were really un- informed. On several occasions fretful criticisms have been initiated and published by interested parties in the United States. Soon after the Commission commenced operations there were propaganda conducted through financial journals in the United States with the object of representing that Ontario's municipal power undertaking would produce a most unfavorable effect on credit — "not only of the Province immediately implicated, but of the Dominion as a whole." In 1913, under the title "An Expensive Experiment," in a bound volume of 281 pages, Mr. R. P. Bolton of New York issued his tii^ade against the Hydro-Electric Power Commission. Mr. Bolton stated that the purpose of his effort was to "inform the tax-payers of the State of New York of the facts relating to the attempt to fasten at their expense upon our State a speculative experiment, such as that in Ontario." Later the Hj^'dro-Electric Commission was "investigated" by Senator Ferris and his colleagues from Albany, N.Y. These men made an adverse report but its superficial and erroneous character was soon disclosed. Now, the latest of such criticism is that of Mr. W. S. Miirray. He, like Mr. Bolton and others, has allowed his zeal to outrun his discretion. He utterly fails to differentiate between certain basic elements differing in quantity, character and situation. Mr. Murray in some respects differs from certain others who have been sent "to investigate" the Commission's work, in that his services were definitely contracted for to prepare this special report — a report which, upon the counts herein made against it, is qualified to take its place alongside of other efforts such as those just referred to as having been made by Senator Ferris and by Mr. Bolton. When it is appreciated that this great public enterprise — the Hydro- Electric Power Commission — supplies, as it does, power and light to nearly half of the population of the province of Ontario — supplying 242 urban muni- cipalities, 68 townships, and numerous other customers, and involving in all an investment in connection with the generation, transmission, and dis- tribution of electrical energy of over $200,000,000 — it will be understood why X STATEMENT IN REFUTATION it is necessary to make an authoritative and complete exposure of the character and objects of a report such as that under review. So long as the 300 odd municipalities— including practically all of the cities, towns and large centres— now co-operating in the province of Ontario for the purpose of supplying the people with electrical service "at cost," re- tain their confidence towards each other and towards their Commission, no assaults, no matter what their character may be, can prevail against their great and successful co-operative undertaking. CONTENTS Page Foreword — ^By Sir Adam Beck Attacks upon the Hydro-Electric Power Commission of Ontario by Interests Outside the Province 2 Origin and Development of the Municipal Hydro-Electric Movement in the Province of Ontario 3 Ontario Decides to Adopt Co-operative Municipal Ownership 4 In Their Rates, Hydro Customers Pay for Plants as well as for Service 4 Growth of the Undertaking of the Hydro Municipalities 5 Prominent Features of the Municipally-Owned Hydro-Electric Power Under- taking IN Ontario 6 The Financial Structure of the Municipally-Owned Electric Systems of the Province of Ontario 6 True Character of the "Murray Report" Disclosed 9 Mr. Murray Purposely Confuses "Government Ownership" with "Municipal Ownership" 9 Mr. Murray Garbles Documentary Data 11 Mr, Murray Misrepresents Hydro Legislation 12 Mr. Murray Grossly Mis-states the Fact Respecting Fiats 13 General Misrepresentation Respecting Fair Dealing 13 Mr. Murray Ignores Half the Cost of Buffalo Street Lighting 16 An Example op Mr. Murray's Methods; His Comparison op Ontario and California 16 Hydro Rates and their Influence on the Concentration of Industries 18 No Such Discrimination in Rates as Mr. Murray Alleges 19 Co-operative Municipal Ownership has not Throttled Initiative in Ontario... 21 Mr. Murray Jumps to Unjustifiable Conclusions Respecting MuNi-aPAi Taxation 21 Intangibles Included in Hydro Rates are due to Early Alienation of Public Resources to Private Companies 22 Statement Respecting Rate of Retirement of Bonded Debt not Supported by Authority Mr. Murray Quotes 22 Mr. Murray Singles out the Nipigon Development for Special Criticism. His Unjust Statements Refuted 24 Power Supply for Port Arthur-Fort William District not Overdeveloped .... 25 Kaministikwia Power Company Unable to Supply Port Arthur with Firm Power of More Than 5,000 Horsepower 25 Kaministikwia Power Company Unable to Supply General Power Require- ments OF Port Arthur-Fort William District 26 Commission has Published a Statement Respecting Nipigon Power Develop- ment AND Thunder Bay District 27 The Commission Decided to Proceed with Nipigon Development After Receipt of Urgent Demands from the Provincial Government and the Municipalities 28 Mr. Murray Fails to do Justice to the Great Storage Facilities of the Nipigon River 29 XI XH Page Outline Map op Nipigon Lake with Dog Lake Inset to Same Scale 30 Great Advantages of the Nipigon River for Power Development 81 Comparison of Power Possibilities — Nipigon and Kaministikwia Rivers....'. 31 Queenston-Chippawa Power Development — Its Object and Extent 33 The Allied War Needs Were a Governing Factor in Initiating the Queenston- Chippawa Development 34 Growth of the Use of Hydro-Electrical Energy in the Niagara District 34 A Load Aggregating 150,000 Horsepower Awaited the First Generators at THE Queenston-Chippawa Plant 36 Mr. Murray Presents Estimates of the Cost of Niagara Power Based Upon His Own Hypotheses 37 Mr. Murray Absurdly Overestimates the Renewal Reserves of the Ontario Pow^R Company 38 Mr. Murray's General Inflation of Estimates 40 Mr. Murray's Gross Error Respecting the Interest Charges Applicable to the Queenston-Chippawa Development 40 Even Under the Present Low Rates the Revenues op the Municipalities, with BUT Few Exceptions, are Sufficient to Meet All Charges on Queenston- Chippawa Development 41 Mr. Murray's Unproved Assertions Respecting Comparative Power Costs in Various Districts 42 Mr. Murray's Erroneous Comparison of Costs op Power in the City of Buffalo and the City of Toronto 45 Average Cost op Electrical Energy in the City of Toronto and in the City of Buffalo 47 Discrimination in the City of Buffalo Against the Lighting Consumer 48 Comparisons of Actual Bills to Ultimate Consumers in Toronto, Hamilton, London, Montreal, Buffalo and Detroit 49 Tabular Statements Showing Comparative Costs op Electric Light and Power Service in the Cities of Toronto, Hamilton, London, Montreal, Buffalo and Detroit 50 Conclusion 52 REFUTATION . of UNJUST STATEMENTS respecting the Hydro-Electric Power Commission of Ontario contained in the "Murray Report" re Electric Utilities LARGE printed report entitled "Government Owned and Controlled Compared with Privately Owned and Regulated Electric Utilities in Canada and the United States," has been prepared, and published from New York City, under the auspices of the National Electric Light Association, — an organization comprising and representing privately-owned electric utilities chiefly throughout the United States. The Report was prepared by a firm of United States consulting engineers — Messrs. Murray & Flood, — acting under special instructions from the National Electric Light Association. It is signed by Mr. W. S. Murray, from which fact it is com- monly referred to as the "Murray Report." The ostensible purpose of this report is to present "in a comprehensive and comparable way the advantages of electric service rendered by privately owned and publicly regulated utilities in the United States and Canada con- trasted with that supplied by the Hydro-Electric Power Commission of Ontario." Moreover, it is represented to be "based on an impartial and exhaustive study." The most casual examination of the report, however, reveals that this is not its real purpose; its real purpose evidently is to undermine if not to destroy public confidence in public ownership and in order to do so Mr. Murray attempts to discredit the success of the Hydro-Electric Power Commission of Ontario. The National Electric Light Association always has been and is uncompromisingly antagonistic to public ownership, while of himself Mr. Murray in his report says, "I have never subscribed to government ownership of electric utilities in the United States." More than six-sevenths of the subject matter contained in the Murray Report consists solely of information relating to the operations of the Hydro-Electric Power Commission, while in the remaining one-seventh, which refers to the operations of privately-owned utilities, Mr. Murray presents practically no 2 STATEMENT IN REFUTATION information corresponding to that published by him respecting the Hydro- Electric Power Commission, but deals largely in generalities and assertions. Mr. Murray's report may justly be said to be permeated with comparisons of non-comparable data, with incomplete or misapplied statistics and with serious mis-statement of fact. Attacks upon Hydro-Electric Power Commission of Ontario by Interests Outside the Province The Murray report is by no means the first instance of unfair attack being made upon the hydro-electric undertaking of the municipalities of Ontario. From its inception the entire Hydro-Electric power movement has been subjected to bitter and relentless criticism, the instigators of which have spared neither time, money, ingenuity, nor effort in order at every oppor- tunity by unfair criticism to hamper the development of the movement and to discount its success. Practically all of the special publications issued against the work of the Hydro-Electric Power Commission have emanated from sources outside of Canada. In the early days of the Hydro-Electric Power Commission, extensive agitation against the Commission's programme was carried on through financial journals, in the United States and elsewhere, with the object of showing that the proposed undertaking would produce a disastrous effect upon the credit not only of the Province of Ontario but of the Dominion of Canada. One of the earlier special attempts to destroy confidence in the Ontario co-operative, municipal-ownership plan was in the form of a book entitled "An Expensive Experiment." This book, under the authorship of a New York engineer, was published by certain interests in the state of New York which at the time were busily engaged in an effort to forestall the proposed institution of a plan in New York state modelled upon lines somewhat similar to the then new project in the province of Ontario. In this book, many prophecies were made respect- ing the alleged ruin which, in various forms, would inevitably be visited upon the unfortunate people of the Province. Comparison of the actual results of the operations of the Hydro-Electric Power Commission with these inspired and prejudiced prophecies, shows a complete discounting of the prophetic abilities of those who inspired the publication of this unjust book. Later, Senator Ferris and some of his colleagues of the state of New York "investigated" the Commission and made an official report, the superficial char- acter of which was soon discovered even by prominent officials of the State. Many other less important but equally vituperative and unfounded attacks have been made at various times since the Hydro-Electric Power Commission's work was commenced. One of the latest examples of criticism of this nature is the "Murray Report" with v/hich this Statement deals. The same general class of interests which promoted the compilation and publication of the now almost forgotten Bolton book — "An Expensive Ex- periment" — corresponds to the interests that have instigated, financed and spread broadcast before the public of the United States and Canada, the "Murray Report." The fallacious nature of efforts like the Bolton report and RE MURRAY AND FLOOD REPORT 3 the Ferris report was soon discovered, and now one seldom hears them even referred to. Once the real character of the Murray Report is appreciated, it likewise will drop into di'^repute, and, doubtless, will be forgotten even by its present supporters. It is not the custom of the Commission to reply to much of the criticism to which it has been subjected, but the attack in the Murray report is of a character which singles it out for attention. The name of Mr. Murray, on account of his association with work of a public character, is well-known, and for those with whom 'authority' is truth, rather than" Truth authority, his representations would probably have wide acceptance, especially by those who possess no means of ascertaining the facts essential for an independent study of the problem. In view, therefore, of the 'authority' sponsoring the Murray report and of the gross misrepresentations which have been made regarding the work of the Hydro-Electric Power Commission, and in view also of the parade of information respecting this Commission published in Mr. Murray's report, it is considered desirable that an authoritative statement be made, exposing the inaccurate and indefensible nature of Mr. Murray's treatment of the subject in hand. It is unnecessary and it would be unduly tedious to review the Murray report in detail, but sufficient of its representative statements will be dealt with amply to demonstrate its lack of 'impartiality,' of 'exhaustiveness,' and even of reliability with respect to statement of figure and fact. In addition, Mr. Murray's main conclusions, and particularly his allegations respecting the relative cost of power in Ontario as compared with that in various other districts, will adequately be considered and their fallacious nature exposed. The subject under consideration cannot be properly followed unless there is some clear understanding of the service which the Hydro-Electric Power Commission actually renders as agent and trustee for the municipalities it represents. Discussion, then, of the Murray report may best be opened by a few comments respecting the origin and work of the Commission. Origin and Development op the Municipal Hydro-Electric Movement in the Province of Ontario In the decade of 1900-1910, the people of the province of Ontario realized that if the Province were to maintain its standing as the chief manufacturing centre of the Dominion of Canada and to expand its manufacturing industries to meet the growing demand for Canadian manufactured products, then a bountiful supply of electrical energy at moderate prices was a basic necessity. At that time the supply and distribution of electrical energy was largely local in its nature, almost all of the large municipalities being supplied by private companies which largely used steam as the source of power. A few municipalities, favoured geographically by nearness to Niagara Falls and Decew Falls, received hydraulically-generated electrical energy through the agency of private companies. The province of Ontario possesses no coal as a natural resource, practically all of its coal being imported at great outlay 4 STATEMENT IN REFUTATION from the United States, and, as a consequence, the eyes of the people were turned towards the large water-power resources of the Province, and par- ticularly towards Niagara Falls, as a means of replacing coal for the generation of power while at the same time greatly reducing the cost of electrical energy for both power and light. Preliminary studies made in the years 1903 to 1906 brought out the fact that it was economically possible to obtain electrical energy from Niagara Falls and to transmit it from the point of generation over long distances. Ontario Decides to Adopt Co-Operative Municipal Ownership Having established the physical practicability and economy of the generation and transmission, it remained to be decided by the people themselves whether the desired and much needed electric service was to be owned and controlled by private corporations or through the medium of a publicly-owned and operated undertaking. The experience of the people of the Province at the hands of the private utility corporations had been of an unsatisfactory nature and such as to predispose the people very strongly against any action which would to any further extent place these public resources in the hands of the private companies. The private companies had shown little disposition to serve any but the large municipalities or those in close proximity to the sources of power, and, even in the municipalities served, the cost of the service and its general character was such as frequently gave rise to expressions of dis- satisfaction. Public spirited citizens who, together with the appointed representatives of the people, first had under consideration the selection of the best means for supplying electrical energy at the lowest possible cost to the citizens of the province of Ontario, were not unfamiliar with the economic features which constituted the foundations upon which many public utilities had been reared in other countries. Some of these features as, for example, the regulation of rates through the agency of special Public Utility Commissions so common in the United States, had been seen in numerous instances to be ineffective. All factors considered, it was concluded best for economic and other reasons to adopt the scheme of co-operative, municipal ownership under the guidance and .control of an independent Commission freed, as much as possible, from political interference. Thus the' Hydro-Electric Power Commission was constituted to give expression to the principle just mentioned, in preference to private ownership under the regulation of a Public Utility Commission. In Their Rates Hydro Customers Pay for Plants as well as Service Throughout the entire development of the Hydro-Electric scheme, the people of the Province have never lost sight of one fundamental, viz., that under the operation of the Power Commission Act, the rates charged to the ultimate consumer for service, must include a sinking fund for the retirement, at maturity, of the bonds sold for the construction of the plant. This means that after the maturity of the bond issues, the people will be owners, outright, RE MURRAY AND FLOOD REPORT 5 of the properties, and from that time forward the rates will be freed from the portion of the costs due to interest and sinking fund charges on the bonds. In other words, the people of the province of Ontario felt that if they had the choice between service at equal initial rates, through a publicly-owned property or a privately-owned property, it would be cheaper and more advantageous to choose the publicly-owned service, because even at equal rates they would he buying service plus the plant, whereas under private ownership conditions, for the same money, they would be buying only service. Through a period of years, many phases of the subject of "Public Owner- ship" vs "Private Ownership" were discussed by the people, and sentiment was finally crystallized by the Legislature of the Province passing the Power Commission Act of 1907, which, with amendments and some additions, con- stitutes the working basis of the entire Hydro undertaking. At this early period, the people of the Province were thoroughly satisfied that the decision adopted and the plan evolved were in their best interests, and as time has gone on they have seen no reason whatsoever to regret the decision originally made. Growth of the Undertaking of the 'Hydro' Municipalities The 'Hydro' undertaking of the municipalities of the province of Ontario has developed until it now embraces the larger portion of the more populous section of the Province. The actual growth of the undertaking is well illus- trated by the fact that in the year 1910, the Commission supplied 750 horse- power to 10 urban municipalities; in 1915, very nearly 104,000 horsepower was supplied to over 120,000 customers in 112 urban municipalities and 18 town- ships; and in 1921, more than 305,000 horsepower was supplied to 265,000 customers in 234 urban municipalities and 44 townships, and in addition about 60,000 horsepower was exported to the United States. At the present time a total of about 450,000 horsepov,-er is being distributed and the total investment involved, covering the activities in connection with over three hundred municipal undertakings, is more than $200,000,000. The municipalities now own and operate several hydro-electric systems, including generating plants. These systems are: — Niagara, Severn, Eugenia, Wasdells, Muskoka, St. Lawrence, Ottawa, Rideau, Thunder Bay, Central Ontario, Nipissing. Of the foregoing, the Central Ontario and Nipissing systems were pur- chased by the Provincial Government in 1916, their operation being entrusted to the Commission. In 1917, the Commission acquired for the municipalities practically the whole of the stock of the Ontario Power Company, whose plant at Niagara Falls it now operates. On account of the great increase in load which took place on the Niagara system during the v/ar, the Commission, to meet urgent demands for more power, found it necessary to make a substantial addition to the capacity of the Ontario Power Company's generating plant, and, pending the completion of the Queenston-Chippav/a plant, the Commission found it necessary also to purchase large blocks of power from the Electrical Develop- 6 STATEMENT IN REFUTATION ment Company, the Canadian Niagara Power Company and the Niagara Falls Power Company. The widespread distribution of electricity in Ontario is now taken more or less as a matter of course. A map of the Province showing the 3,000 miles of high-voltage transmission lines of the Hydro undertaking very clearly reveals how wonderfully the water-powers of Ontario are being utilized for the benefit of the people as a whole. Hundreds of communities large and small are now supplied with electricity at such low rates that rich and poor alike share in its many advantages. It is well within the fact to say that nowhere else in the world do so many of the general public make such extensive use of electricity in their homes as is done in Ontario. Moreover, the magnitude and rate of growth of the commercial and power loads on the Commission's systems indicate very clearly that the decision of the municipalities to provide hydro-electrical energy "at cost" has rendered its use popular for a great variety of purposes. The detailed financial statement presented in this publication exhibits the sur- pluses and other financial data appertaining to the operations of the Com- mission with respect to the Niagara system. Prominent Features of the Municifally-Owned Hydro-Electric Power Undertaking in Ontario In its essence, the hydro-electric power undertaking of Ontario is an organ- ization of a large number of partner municipalities, co-ordinated for action and operation through the medium of the Hydro-Electric Power Commission of Ontario which acts as a trustee for the municipalities. The Commission in its function as trustee, generates or purchases electrical energy and transmits the energy to the various municipalities of the Province which can economically be reached by its transmission network. In its function as trustee, the Com- mission operates the generating stations and transmission systems, and, each year, allocates the entire cost of operation of each system among the respect- ive partner municipalities, so that each one contributes its own proper pro- portionate share towards the total cost of operation. Each municipality owns its local distribution system and distributes the power to the individual customers in the municipality. These individual customers, in turn, are charged rates which will meet the cost of power furnished to the Municipality by the Commission, together with the cost of operation and management of the municipal distribution system. The Financial Structure of the Municipally- Owned Electric Systems of the Province of Ontario In order to inform people outside of the Province, it is desirable here to record in concise form, the framework of the financial structure of the Hydro- Electric systems, as follows: 1. The generation and transmission of power on a wholesale scale is dealt with by a Commission which, although appointed by the Government of RE MURRAY AND FLOOD REPORT 7 the Province, acts independently in the capacity of trustee and agent for the partnership of municipalities. 2. The local distribution of electrical energy within the borders of a municipality is, in general, under the administration of a public utilities com- mission appointed under the provisions of the Public Utilities Act. 3. Capital required for the plant for the generation and transmission of power is provided by the Government upon receipt of formal requisition from the Commission. Contracts are entered into between the Commission and the municipalities under the terms of which the municipalities undertake to repay in thirty years the monies thus loaned by the Government. 4. The local distribution system is financed by the issue of municipal debentures. Provision is made in the rates charged to the ultimate consumers, for revenue with which to retire these bonds also, usually in twenty years. 5. The "trustee" Commission supplies power at wholesale rates to the municipalities, charging each municipality the actual cost. To do this, an interim charge is made monthly based upon the estimated cost and, at the end of each year, credit or debit adjustment is made of the amount charged, in order to make up the actual total cost, — no more and no less. The "cost of power" includes all the usual costs of operation and mainten- ance of the generating, transforming and transmission plant and equipment, and, in addition, the annual interest charges on the monies borrowed for the initial cost of installation, also provision for renewal (depreciation) and sinking fund reserves, as well as a special reserve fund for contingencies. The sinking funds are, of course, for the purpose of repaying, at the end of a stated period — usually twenty or thirty years — the capital borrowed. The renewal reserve fund is used for the replacement of plant which, either through wear, old age, or the invention of better engineering devices, has be- come unsuited to perform its duties. As relatively little replacement of this nature is needed during the first years of operation of a plant, this renewal money is not immediately used, but is mostly held in reserve for future require- ments and in the meantime it draws interest. Contingency reserve makes provision for extraordinary or unforeseen demands arising from accidents, storms, or similar causes. Thus, not only do the municipalities pay as part of the cost of power, sums sufficient to assure for themselves a perpetual, modern and efficient service but, in addition, their generating and trans- mitting plant, at the time of the maturity of the bonds, w^ill be free of debt, and their electrical service costs will thenceforward be relieved of the interest and sinking fund charges which at present constitute a very considerable pro- portion of the wholesale cost of power. 6. Each municipality sells electrical energy to its ov/n local consumers at rates and under conditions approved by the Commission, which, in this respect, functions in a manner similar to the regulatory Commissions in the United States. The rates charged to its own consumers by a municipality are made 8 STATEMENT IN REFUTATION sufficient to take care both of the cost of distribution within the municipality and of the estimated cost of power to be paid to the Commission by the mun- icipality. The cost of distribution is ascertained in a manner identical with that used by the Commission in arriving at its wholesale costs. Inasmuch as the annual sinking fund and interest charges constitute at present upwards of forty per cent of the total cost of power, it is clear that as the successive issues of the municipal and provincial bonds are retired, and interest and sinking fund charges thereon become correspondingly less, con- sumers will obtain their power still more cheaply than at present. In the case of individual consumers it is, of course, not practicable to render at the end of the financial year a supplementary bill or to give a credit note as the case may be, in order to adjust the charges made during the year to equal the exact cost ; therefore, the ad justment or balancing is effected by raising or lowering the rates for the succeeding year. The progressive lowering of the rates which has thus actually been possible in most of the municipalities served by the Commission has resulted in such a rapid increase in the sales of power that the lowered rates have been unable to keep pace with the steadily reducing costs of the service, with the final result that in the majority of cases considerable surpluses have annually resulted. Such surpluses are applied either to the reduction of debt or to the provision of additional equipment. 7. Under the Power Commission Act, the Commission is required to determine, annually, the actual cost of service supplied to the municipal corporations by the local commissions for such strictly municipal purposes as street lighting and operating electric-motor-driven pumps in waterworks, and if any profit has accrued through the charging of the rate used tlirough- out the year, this surplus is handed back to the municipal treasurer. The soundness of the Hydro undertaking is well evidenced by the large "Balance Sheet" presented with this statement. This sheet sets forth in de- tail the financial relationship existing between the Commission and the re- spective municipalities in the Commission's oldest and largest system — the Niagara system RE MURRAY AND FLOOD REPORT True Character of the "Murray Report" Disclosed Having thus reviewed some of the prominent and unique features of the work of the Hydro-Electric Power Commission of Ontario, attention may- be directed specifically to the character of the Murray Report. Anyone familiar with the representations made by Mr. Murray in his report respecting the work of the Hydro-Electric Power Commission will recognize how very different many of his statements are from the foregoing authentic description of the operations of the Commission. But in addition to such vagaries, Mr. Murray in his report makes grossly incorrect and mis- leading statements; he garbles documentary and other data and then employs them as premises from which to derive conclusions; he makes pronouncements based on comparisons so inadequate that they are puerile; he makes charges which he fails to substantiate; he ignores important factors, even disregarding most pertinent engineering data and, in general, Mr. Murray adopts methods which are manifestly reprehensible and unprofessional. Obviously, conclus- ions reached through the employment of such means are necessarily worthless. That the charges here made are fully justified will be clear from the illustrations of Mr. Murray's methods presented in the following discussion. It would be impracticable to review all the material which Mr. Murray has copied into his volume. The Murray Report is heavily 'padded' with statistics, copies of legislation and other information found chiefly in the annual and other published reports of the Hydro- Electric Power Commission of Ontario. This material, it is true, makes an imposing 'exhibit' but, in view of the fact that so much of it has been ignored by Mr. Murray in drawing his conclusions and that its relevance to the subjects under discussion is often quite remote, the material appears to have been inserted largely in order to create an impression of 'exhaustiveness.' That Mr. Murray's expressions of "opinion" are unworthy of consideration will be evident after the general character of his report becomes appreciated. Mr. Murray Purposely Confuses "Government Ownership" with "Municipal Ownership" Throughout his report Mr. Murray persistently uses the term "Govern- ment Ownership" as applying to the undertaking of the Hydro-Electric Power Commission of the province of Ontario. With respect to his peculiar and prominent use of the term "Government Ownership" Mr. Murray in his report states: "The term 'Government Ownership' needs explanation. In Ontario this term, used throughout the report, is associated with both the Central and Local Government." 10 STATEMENT IN REFUTATION Here, Mr. Murray arbitrarily declares that in Ontario and throughout his Report the term "Government Ownership" is associated with local, — or mun- icipal — ownership just as with central government ownership. Mr. Murray's statement regarding the accepted meaning in Ontario of the term "government ownership" is not correct. In Ontario, this term signifies ownership by the provincial or federal government — that is, by the central authority — and not ownership by the municipality. Mr. Murray follows his definition of "Government Ownership" — as above quoted — by explaining that "In the States 'Municipal Ownership' has reference to a City only." Now, in Ontario "Municipal Ownership" carries just the same significance as in the States, except that in Ontario it comprises not, as Mr. Murray ex- plains, the "City only," but also towns, villages and other smaller communities. Consequently, it is clear that neither in the United States nor in Ontario has Mr. Murray justification for attaching to municipal ownership the name of "Government Ownership" nor for the special significance which he attaches to the latter term. Such a significance is especially unwarranted when the term is employed in the manner in which Mr. Murray uses it "throughout" his report. It is widely recognized that many efforts of "Government Ownership" in the United States have fallen far short of the goals sought, and thus in the United States the term "Government Ownership" has an especial obloquy attached to it. "Government Owmership" not infrequently carries as a con- comitant, political domination in the appointment of employees, in the pur- chase of supplies and equipment and in various other more or less hidden ramifications, which inevitably tends towards inefficiency and mismanagement. These destructive agencies are completely lacking in the functioning of the Hydro-Electric Power systems in the province of Ontario. Moreover, the people are thoroughly well aware of this fact and are firmly resolved that matters shall so continue. Even the bitterest enemies, whether domestic or foreign, of the Ontario public ownership plan, are forced to concede the ad- vantages of the wise provisions which guard against political interference. It was vital to Mr. Murray's presentation that, by some means, he should identify the undertaking of the Hydro-Electric Power Commission with government ownership, in order that the stigma of government ownership as commonly understood should be transferred to the unique, co-operative, municipal-ownership undertaking of the Commission and thus aid in casting discredit upon. the achievements of the people of the province of Ontario in obtaining their hydro-electrical energy at cost. Mr. Murray's sophistry as displayed in the quotation under discussion, can deceive no one, once attention is directed to the shallowness of his subterfuge. It may just be added that, after all, the real issue underlying the subject under discussion is not the question of "ownership," per se, but the question of what kind of control and administration is exercised by the governing or RE MURRAY AND FLOOD REPORT 11 administering body. Had Mr. Murray emphasized this feature of admin- istration, he would have displayed a grasp of the subject which is not in any sense disclosed by his erroneous and unfair use of the term "Government Ownership." Mr. Murray Garbles Documentary Data Mr. Murray in his report makes various statements regarding his con- ception of the powers legally vested in the Commission. Inasmuch as Mr. Murray had all the legislation before him, any direct misrepresentation of such documentary data must cast serious reflection upon his methods. Mr. Murray states that: " legislation has been constantly passed so that the Commission is entirely free from any character of inhibition; barriers, legal or otherwise, are levelled to give free swing to the conscience and action on the part of the Commission. "A power of procedure has thus been granted to the Commission, unlimited." This, then, is the conclusion Mr. Murray draws from his study of the operations of the Hydro-Electric Power Commission and of its special powers as conferred by the provincial Legislature. The extent of the liberty Mr. Murray is ready to accord himself in altering and misconstruing documentary records is revealed by the following examples: On page 9 of his Report, Mr. Murray states:* "One of the Power Acts reads: "The Commission shall have the exclusive jurisdiction as to all matters in respect of that authority as by Act conferred upon it and nothing done by the Commission within its jurisdiction shall be open to question or review in any action or proceeding or by any Court" — The clause most nearly resembling Mr. Murray's alleged quotation from the Act occurs in "The Power Commission Amendment Act, 1911," and is as follows: "The Commission shall have exclusive jurisdiction as to all matters in respect of which authority is, by this Act, conferred upon it and nothing done by the Commission within its jurisdiction shall be open to question or review in any action or proceeding or by any Court." As Mr. Murray knows, all the Power Commission Acts passed prior to 1914 were revised and consolidated in Chapter 39 of the "Revised Statutes of;Ontario, 1914," and the 1911 Amending Act was then superseded by the consolidation and the section quoted above stands since 1914, as follows: "The Commission shall have exclusive jurisdiction as to all matters in respect of which authority is, by the next preceding three sections, con- ferred upon it, and nothing done by the Commission within its jurisdiction shall be open to question or review in any action or proceeding or by any court." (R.S.O. 1914, c. 39, s. 34). ^ Here, and in some other Instances, certain words in quotations have been italicired for purpose of emphasis. 12 STATEMENT IN REFUTATION It will be observed that Mr. Murray's alleged quotation from the Act has departed from both the original and the present form of this clause and in such manner as essentially to alter its meaning. Comparing the phrase, as given by Mr. Murray "in respect of that authority as by Act conferred upon it," with the phrase actually occuring in the 1911 Act "in respect of which authority is, by this Act, conferred upon it" — it will be seen that the word this has been omitted by Mr. Murray, and two other changes have been made. The alleged quotation, as given by Mr. Murray, would make it appear that the clause relates to the operations of the Commission as a whole instead of referring only to the relatively unimportant and special features defined in this Act — namely, the 1911 Amending Act — and as defined also by the qualifying phrase "by the next preceding three sections" — which appears in Chapter 39 of the Revised Statutes. As a matter of fact, the 1911 Act and "the next preceding three sections" of the 1914 consolidation, refer solely to a comparatively unimportant power of the Com- mission which permits it to approve of certain matters relating to the joint con- struction of lines on highways and in which connection the Commission acts in the capacity of a regulatory commission. It is, therefore, clear both from the original Act and from its present form, that the exclusive jurisdiction of the Commission was very strictly limited, and not, as Mr. Murray so incorrectly states, "unlimited." Mr. Murray Misrepresents Hydro Legislation Mr. Murray in his Report makes the following statement: "A remarkable situation created by one of the laws passed under the Power Commission Acts requires that a municipality assume the debt to provide the facilities necessary to the supply of power to an individual or corporation in that municipality, if request for pov/er is made, and the only recourse to recovery if the bills for power are not paid is the levy of tax against the party contracting." The "situation" would indeed be "remarkable," were Mr. Murray correct in his statements, but evidently he has failed to understand the principle and purpose of the Act to which he refers. Mr. Murray's statement is contrary to the fact in two important par- ticulars. In the first place, the portion of the Act referred to, which is for the accommodation of persons in those municipalities not served with Hydro power, permits but does not in any way require the municipality to contract or in any manner to assume liability, for the supply of such power. In the second place, the privilege of recourse for the recovery of unpaid bills for power through the levy of tax is not, as Mr. Murray states, the "only recourse," but is granted only as an additional safeguard and conven- ience, and does not in any way prejudice the municipality's right of recovery through the ordinary process of law. As a matter of fact, this provision regard- RE MURRAY AND FLOOD REPORT 13 ing the collection of bills through the taxes is primarily a provision of the Public Utilities Act of the Province and applies to all publicly owned and operated services. It may be added, that the parties applying for power, must, along with their application, provide evidence of their possessing sufficient property to constitute adequate security to the municipality in case of default in carry- ing out the terms of their contracts. Appreciation of the facts just recited will show how very incorrectly Mr. Murray has represented the intent and provisions of the legislation to which he refers. Mr. Murray Grossly Misstates the Fact Respecting Fiats Mr. Murray on page 10 of his report refers pointedly to a "suit brought and won by the Toronto Power Company against the Ontario Power Company owned by the Commission." Commenting upon this, Mr. Murray says that, "Had the Ontario Power Company lost its corporate identity, in accordance with the Power Commission Act, no suit could have been brought, since the Commission cannot be sued without fiat from the Attorney-General, and to date no fiat has ever been granted." The statements that "no suit could have been brought, "and "to date no fiat has ever been granted," are utterly without foundation and contrary to fact. Since 1912, more than twenty-five fiats have been granted by the Attorney-General to permit legal action to be brought against the Commission. With a single exception, every party that has desired to bring suit against the Commission has been granted a fiat by the Attorney-General, and even in this one exceptional case the reason for withholding the fiat was not to shield the Commission, but because the applicants coupled the Attorney- General with the Commission in the hope of involving the Province in a manner which would clearly have been contrary to the public interest. Mr. Murray's bald mis-statement of such an important and fundamental fact regarding the Commission is inexcusable and casts grave doubt upon the trustworthiness of his statements and especially upon the claim made of dealing with matters under discussion in an "exhaustive" manner. General Misrepresentation Respecting Fair Dealing With reference to general misrepresentations by Mr. Murray of the Commission's position with respect to various matters, it may be instanced that Mr. Murray states: "I cannot find justice in a jurisdiction which permits the Commission to recover damages by process of law when persons contracting with it are not allowed the same relief." It has just been shown that Mr. Murray's contention that the Commission occupies a specially favoured position with respect to fiats is absolutely in- correct, and, this phrase is equally applicable to his general charge as summar- ized in the quotation just given. It should fully be appreciated that the object of requiring a fiat is not to work any injustice to those with whom the Commission has relationship but simply to avoid litigation of an unnecessary 14 STATEMENT IN REFUTATION and vexatious nature. The rights of all parties concerned are comprehensively taken care of under provisions of the Arbitration Act. For example, the Commission's contracts with both private and corporate interests provide that matter of dispute shall be dealt with under the Arbitration Act of the province of Ontario, and under such procedure there can be no possible advantage to any of the parties. The following citation from one of the Commission's contracts will illustrate the kind of provision made to ensure fair treatment for all: "THAT in case of any dispute arising between the parties relative to the fulfilment of any of the terms, provisos or conditions of this agree- ment, or as to the method or accuracy of the measurement of power, or any other question which may arise under this agreement, the same shall be promptly referred to arbitration under the Arbitration Act, and the finding of said Arbitrator or Arbitrators shall be final and binding upon both parties hereto." Another instance from his report will serve to exemplify the kinds of facts Mr. Murray fails to quote on behalf of the Commission, but which, if quoted, would absolutely nullify such general statements as that expressed by him as follows: "There are a very considerable number of persons and corporate interests in Ontario who possess the feeling that the Commission has dealt with them unfairly, and, notwithstanding the inherent fairness of mind possessed by Sir Adam Beck, it is plain that corporate advantage has been taken under the powers granted the Commission." In the first place, it is very unlikely that an outsider like Mr. Murray would be circumstanced to pass an unprejudiced judgment upon the subject to which he refers, if for no other reason than that he has not brought such cases as he may have in mind to the attention of the Commission in order that he might be in possession of knowledge from both sides of the case. The Commission believes that where all the facts which have governed in de- cisions are considered, it will be evident not only that the Commission has desired to deal fairly, but also that in all cases a reasonable and just decision has actually been determined. In replying to such a general charge as Mr. Murray has made in the quotation above given, and by way of illustrating the fairness of its dealings with the public, the Commission would say that: although under the Power Commission Act the Commission possesses the right to expropriate private plants, nevertheless,^with a single exception involving a case which at present is under consideration — the Commission since commencing its operations has never exercised its powers of expropriation, although it has purchased no less than twenty water-powers, thirty hydraulic generating plants and over sixty electric distribution systems. In every such transaction the Commission has negotiated fair terms, satisfactory to the interests immediately involved, to the municipality or municipalities concerned, and to the public at large. This fact is sufficient proof of honorable and fair dealing on the part of the Commission, and is also ample refutation of Mr. Murray's charge. Such statements as he has here made are certainly not "impartial," but are hasty and unwarranted. RE MURRAY AND FLOOD REPORT 15 Mr. Murray Ignores Half the Cost of Buffalo Street Lighting Under the caption of "The Cost of Street Lighting Compared in Toronto, Buffalo, and Montreal," Mr. Murray purports to have under comparison the per capita cost of street lighting to the city of Buffalo with the per capita cost of street lighting to the city of Toronto. Mr. Murray, either v/ittingly or otherwise, makes direct misrepresentation regarding the cost of street lighting in the city of Buffalo. Apparently, he has totally ignored the fact that in Buffalo, in 1920, out of a total of 15,000 street lights, over 8,800 were not electric, but were gas or gasoline lights. Mr. Murray, with regard to street lighting in Buffalo, states, "In Buffalo the price has changed very slightly, ranging from 53 cents per capita in 1913 to 60 cents per capita in 1920." As a matter of fact, in 1 920, the cost of street lighting in Buffalo was not, as Mr. Murray represents it to be, 60 cents, but $1.15 per capita. The following table for 1920 gives the actual street lighting data for Buffalo and for Toronto. TABLE I Cost of Street Lighting in Buffalo and Toronto in 1920 City Population Type of Lamp Number of Lamps Lamps per 1000 population Cost of Street Lighting Cost per Lamp per year (A v.) Cost per capita Buffalo* 505,875 Electric Gas Gasoline All Lamps Toronto 499,278t All Lamps Electric 6161 12.2 $286,196 $46.50 $0.56 8796 17.4 $295,447 $33.60 $0.58 62 0.1 $3,136 $50.52 $0.01 15,019 29.7 $584,779 $38.90 $1.15 43,310 86.8 $335,370 $7.74 $0.67 •Ballard — Report on Street Lighting Costs in the Larger Cities of the United States of America, 1920, Cleveland, 1920. tThis population, which Mr. Murray has used, though reported with the municipal statistics for 1920, is the 1919 population. The 1920 population indicates a cost for Toronto of only 65 cents per capita. It is interesting to note that Toronto, with little more than half the total expenditure for street lighting, maintains nearly three times the number of street lights that Buffalo does. Since Mr. Murray has made no reference to the fact that nearly $300,000 per year is paid by the city of Buffalo for lighting its streets by gas and gasoline, it is possible that he was ignorant of the fact that Buffalo, unlike Toronto, is not wholly lighted by electricity. If Mr. Murray knew this fact and deliber- ately neglected to include the cost of gas street lighting in Buffalo in his "cost of street lighting," his statement — "In Buffalo the price has changed very slightly, ranging from 53 cents per capita in 1913 to 60 cents per capita in 1920," — has deliberately misrepresented the fact, and in so doing cannot possibly be excused. A blunder or misrepresentation involving but a small proportion of the total might be condoned, but when Mr. Murray, with the purpose of showing that street lighting costs in Toronto are higher than street lighting 16 STATEMENT IN REFUTATION costs in Buffalo, represents the cost of street lighting in Buffalo to have been but 60 cents per capita, whereas, actually, it was $1.15 per capita, he has out- stepped the bounds of excusable error. An Example of Mr. Murray's Methods ' Hia Comparison of Ontario and California As a typical example of the method adopted by Mr. Murray to mislead his readers, attention may be directed to the way in which he presents his comparison of the average costs of power to the people of California and Ontario. Mr. Murray emphasizes in some detail that there are differences to be considered — in order to be, as he expresses it, "only fair to California in making a comparison of its power costs to those of Ontario," and directs his readers' attention to the disadvantages of water power developments in Cali- fornia and the advantages of Niagara Falls and the Niagara District in com- parison therewith. He states for example: "it is important to remember... that Niagara Falls, combining its con- tinuous flow of water with its high head, should make the production of continuous power the cheapest for any part on the American Continent This should be kept in mind especially when the comparison is drawn for the California situation, where the hydro electric power developments are small in capacity and subject to variation in stream flow, thus requiring that their systems be supplemented with steam electric plants." and again, on the second page following under the heading "California Com- pared to Ontario," he states: "In California, electricity is produced and transmitted under far more disadvantageous conditions than those obtaining in the Niagara dis- trict of Ontario. In California, 41% of all the generating capacity is represented by steam-electric plants. Obviously, therefore, such a physical situation does not lend itself to the production of cheap power to the extent possible by the electric utilities receiving power from Niagara Falls." Having thus described the characteristics which he wishes his readers to bear in mind, "when the comparison is drawn for the California situation," and having, by his specific references to the advantageous position enjoyed by the electric utilities receiving power from Niagara Falls, created an "atmosphere" in which the reader is ready to admit, for the sake of argument, that the water powers of California must of necessity be smaller and less advantageously situated than the great power developments at Niagara, Mr. Murray proceeds to his comparison, and states "the average cost of pov/er to the people of California is less by 4% than that to the people served by the systems other than the Niagara in Ontario." Now the sum of the loads on all the systems "other than the Niagara" system is only one-seventh of the totalloads of the Hydro including the Niagara system. In other words, Mr. Murray calls attention to the specially advan- tageous situation of the Niagara system, which uses six-sevenths of the total power of the Hydro systems, and then ingeniously switches to a comparison RE MURRAY AND FLOOD REPORT 17 with the Hydro systems other than the Niagara which altogether use only one-seventh of the total power. Thus it will be seen that the Niagara system to which Mr. Murray directs his readers' special attention has nothing at all to do with the comparison he actually makes. The fact that the power developments serving the other systems of the Commission have none of the advantages of Niagara Falls "combining its continuous flow of water with its high head" matters not to Mr. Murray. The fact that in the actual "comparison" he makes he leaves out the Niagara system which supplies eighty-five per cent of the Commission's power, is to him equally unimportant. Not only has Mr. Murray, in making his comparison, omitted the Niagara system, but he has evidently omitted the second largest Hydro system — the Central Ontario system — for in his general discussion of the question of the "Cost of Power to the People," he states, "For the comparisons betv^een government electric utilities in Ontario and those for privately-operated companies, the Central Ontario system of the Hydro-Electric Power Com- mission is omitted " It may here be pointed out that it is usually difficult and frequently impossible to ascertain from Mr. Murray's report just what he is actually comparing. For instance, in the case of California, the general impression conveyed is that comparisons are being made with the v/liole of the State, nevertheless, elsewhere, Mr. Murray refers to "that section of California analysed" but where situated, or what constitutes the confines of the "section" analysed, Mr. Murray fails to state. Mr. Murray's actual comparison plainly ignores the Commission's two largest systems and embraces only the smaller systems. The cost of power from these relatively small projects is "compared" with the cost in California where over a million horsepower is developed and where the electrical energy "delivered to agricultural industry" alone amounts, states Mr. Murray, to about 500,000 horsepower. Yet Mr. Murray has the effrontery to set forth his "impartial and exhaustive" study in this connection under the caption "California compared to Ontario," when, evidently, his comparison is made not on this broad basis, nor between California and the Hydro-Electric Com- mission systems as a whole, nor even between California and the only Hydro system which, in magnitude, is at all comparable with California, namely, the Niagara System, but between an undefined "section of California analysed" and the smaller and relatively unimportant systems of the Hydro-Electric Power Commission serving the less populous sections of Ontario and represen- ting less than one-seventh of the total load on the Hydro system. When it is considered that in spite of his devious methods, Mr. Murray has been able to claim for the cost of power in California an advantage of only four per cent over systems other than the Niagara, his comparison becomes foolish in the extreme, and his expedients in this connection constitute in them- selves a striking testimony to the cheapness of power under the operation of the Hydro. With respect to Mr. Murray's method the reader himself may be the judge. There is nothing "fair," there is nothing "impartial," in such trickery. 18 STATEMENT IN REFUTATION Hydro Rates and their Influence On the Concentration of Industries Mr. Murray, with respect to the method employed for the determination of rates, states that, "The rate-making method employed by the Hydro-Electric Power Commission of Ontario favors those municipalities located near the sources of power and in close proximity to the main transmission lines. The lower rates for power to such municipalities cannot avoid the eventual concentration of industry in a few of these favorably located municipali- ties, and this rate system must, by its very structure, tend to retard in- dustrial development over the Province as a whole." This statement by Mr. Murray does not accord with the facts. Re- specting the concentration of industry, the Hydro-Electric Power Commission has been supplying electrical power for over ten years and there is no evidence that, as a result of "Hydro" operations, concentration has taken place, nor does Mr. Murray attempt to demonstrate that it has. He charges that in the future there will be "eventual concentration." As opposed to Mr. Murray's statement above quoted, it may be stated that the distribution of electrical energy as accomplished by the Hydro has made electrical power available in the smaller municipalities and over an extensive area at rates far below those at which the service could be produced or delivered locally by private companies or by the individual municipalities themselves. This, in itself, tends towards decentralization of industries, and has resulted in retaining in, and attracting to, both the smaller and the more distant places, those industries which — apart from the question of power — would naturally be domiciled or attracted there. Of course, there are certain works, such as those of the pulp and chemical industries, which must have large blocks of power at low rates in order to operate successfully; these usually are compelled to gravitate to the sources of power. It is especially noteworthy that concentration in the vicinity of water powers of those industries which require large amounts of power is a striking feature of large developments under private ownership. Mr. Murray conveniently overlooks this fact, although he naively admits elsewhere that "the transmission distances to reach their [Hydro] customers are generally greater than those of the private companies, compared thereto." In the more remote areas of the Niagara System — from forty miles to some two hundred and fifty miles distant from Niagara — Hydro power is distributed in the larger centres alone to the extent of over 130,000 horsepower, and of this amount more than twenty-five per cent is supplied to municipalities situated more than one hundred miles distant from Niagara Falls. This certainly is not "concentration of industry" at the source of power. Again, and by way of example, in the town of Walkerville, situated 240 miles from Niagara, the cost of power is over twice that in the city of Niagara Falls, Ontario, nevertheless, in the last six years the town of Walkerville secured over four times as many new industries as the city of Niagara Falls. RE MURRAY AND FLOOD REPORT 19 An examination of all the facts will conclusively demonstrate that, far from tending — as Mr. Murray unjustly charges — to "retard industrial de- velopment over the province as a whole," no other individual factor has con- tributed more to the general industrial progress of Ontario "as a whole," than have the operations of the Hydro-Electric Power Commission acting on behalf of the associated municipalities of the Province. No Such Discrimination in Rates As Mr. Murray Alleges Mr. Murray in referring to the subject of Hydro rates states in his report that: "It is very plain that the method pursued must automatically lead to discrimination in rates." and under the heading, "Un-uniform Power Costs in Ontario," he states: "An example of this is the price paid for power in 1919 in the cities of Toronto and Bolton, where the figure was $16.70 per horsepower year for Toronto, and $53.80 per horsepower year for Bolton, notwith- standing the small distance apart. "The rate structure of the Hydro-Electric Power Commission must necessarily bring about such a result. It is my opinion that a rate structure so planned is fundamentally wrong." Owing to the many differences in underlying circumstances such as differ- ences in situations, in amounts of power required and other factors, it is conceded that it is very improbable that any two municipalities can be supplied with hydro-electric power from a distant source at the same actual cost per horsepower, and without hesitation it is admitted that the rate structure of the Hydro-Electric Commission does inevitably bring about un-uniform power rates to the municipalities, for the very simple and obvious reason that each municipality is supplied at the actual cost of the service to that particular municipality and the costs per horsepower to the various municipalities necessarily differ. Such fundamental differences are recognized in practically all spheres of business activity. Wholesale prices differ from retail prices, and, moreover, no one would expect to purchase goods delivered 200 miles distant from the factory at the same price as he would pay f.o.b. at the factory, nor would he expect to obtain goods in small quantities for the same price as in carload lots. Similarly, in the business of electrical supply, the price per horsepower must vary, not only according to the distance from the generating source, but also according to the quantity transmitted; other factors also have to be taken into consideration and consequently the Commission with respect to its rates differentiates according to the various governing basic conditions. It should be appreciated that, due to diversity and other factors, differences in rates to consumers are usually smaller than the differences in the wholesale rates to the same municipalities. Under the Commission's plan, it is possible to supply electricity at attractive rates to places so small or so remote from the 20 STATEMENT IN REFUTATION source of power that no company would consider delivering power under such conditions. If Mr. Murray prefers that the larger municipalities, and those located nearer to the source of power, should help to pay for the power required by the smaller and the more remote municipalities, he must do so from an altruistic standpoint. This may be Mr. Murray's "opinion" but it does not in any way alter the fact that the plan of the Commission's rate structure — charging each municipality in proportion to what it costs to render the service — is not "funda- mentally wrong" but is fundamentally right. Mr. Murray cites as an instance of what he terms "discrimination" on the part of the Commission, the "cities of Toronto and Bolton," situated at approximately equal geographic — although not at equal transmission line — distances from Niagara Falls. The respective populations of these communities are about 500,000, and 675. Mr. Murray states that in 1919, the cost of power supplied to the city of Toronto was $16.70 per horsepower per year, whereas the cost of power supplied to the village of Bolton was $53.80 j^r horsepower per year. Does Mr. Murray wish it inferred that power can or should be supplied to both these municipalities at the same rate, and that this would be the case were the supply furnished by a private company? In reality, the amount of power used by the village of Bolton, which is sit- uated approximately 30 miles from the city of Toronto, was in 1919, less than 90 horsepower, and no private company would even have constructed lines to supply any electrical service to this village. Under private ownership, a village situated as is Bolton, would be forced to obtain its electric power locally from a small, inefficient steam or producer-gas plant, or forego the conveniences of electricity. To the city of Toronto which purchases some 60,000 horsepower the cost per horsepower is naturally much less than that for the village of Bolton which, even at the present date, takes but 120 horsepower, because the Com- mission can provide the equipment essential for the delivery of 60,000 horse- power to the city of Toronto at a lower rate per horsepower than it can provide the equipment for the delivery of but 120 horsepower to a village even though situated, as Mr. Murray points out, at about the same distance from the source of power. The Hydro municipalities all recognize the inherent fairness of this plan of "power at cost" and are satisfied that the policy of the Commission respecting rates for electrical service works out to the best advantage of all the municipali- ties concerned. Although the Commission does not launch out into any such quixotic scheme as that advocated by Mr. Murray, nevertheless, there is no doubt that the plan adopted has resulted in the greatest good to the greatest number, and that far more people are now enjoying the benefits of Hydro service than could have been the case if any uniform rate plan had been adopted. RE MURRAY AND FLOOD REPORT 21 Co-operative Municipal Ownership Has Not Throttled Initiative in Ontario In his report Mr. Murray states, "Government Ownership eliminates all incentive for gain and throttles initiative. This is evidenced by the far greater growth of privately- owned utilities." In the conduct of the Ontario co-operative municipal-ownership system, there is substituted for the "incentive for gain," the desire to reduce, as low as possible, the rates at which electrical energy is supplied to the ultimate consumers who are the real owners of the systems. Although there is no "incentive for gain" in the Commission's undertaking, nevertheless, the desire on the part of the co-operating municipalities for reasonable rates is sufficiently strong, and exerts sufficient pressure upon those charged with the operation of the systems, to effectually prevent any "throttling of initiative." The best evidence that initiative has not been throttled, lies in the numerous and consistent reductions which have been made in rates, as clearly set out in the Commission's annual reports. The people of the Province are well able to judge respecting the rate of growth of the Hydro-Electric undertaking. As yet no dissatisfaction has been expressed with the rate of expansion of the systems. Further on, figures are given which bear witness to a rate of growth such that it is very doubtful whether any bona fide demonstration can be given that it is surpassed, if indeed paralleled, by any other system in the world. Mr. Murray Jumps to Unjustifiable Conclusions Respecting Municipal Taxation Mr. Murray has dealt at length with the subject of municipal taxation in the endeavour to attribute to the operations of the Hydro-Electric Power Commission the fact that certain municipalities receiving Hydro service have somewhat heavier taxes than have other municipalities which do not take Hydro service. As a matter of fact, it is obvious that Hydro service must reduce the taxes because the Hydro Commission supplies municipal electric services such as street lighting and waterworks pumping "at cost." In his treatment of this subject, Mr. Murray has compared groups of municipalities which differ in average population by over one hundred per cent; he has compared groups of municipalities whose inhabitants differ not only in race, customs, and education, but also in wealth and in individual productive capacity to the extent of at least fifty per cent. He has practically ignored many of the basic factors which determine the tax rate, among which may be mentioned the standards of living of the citizens; the mileage of streets maintained; the character and extent of service received in return for taxes; the net debt and the rate of interest thereon, and the efficiency of municipal management. 22 STATEMENT IN REFUTATION Mr. Murray has simply assumed that it is Hydro service which causes higher taxes and he endeavours to convey this impression to the reader. The reader who appreciates the superficial methods adopted by Mr. Murray and the total lack of any really comprehensive treatment of the subject or presentation of supporting proof will understand the absurdity of Mr. Mur- ray's assumption. Intangibles Included In Hydro Rates are Due To Early Alienation of Public Resources to Private Companies In his report, Mr. Murray draws attention to "intangibles" and states that: "Money has been paid for such intangibles and therefore power at cost to the people must include them. Here, therefore, seems to be the place to say that where the Hydro-Electric Power Commission offers such purchased power, as power 'at cost,' this does not mean power pro- duced by a value of the works alone, but includes a money loss in interest on the sum paid for the intangibles." It is perfectly true, as Mr. Murray states, that the users of electrical energy must now pay in their rates for light and power an extra cost which has been entailed through the necessity of paying for "intangibles;" but Mr. Murray has failed to draw attention to the fact that this extra cost was in- curred, not on account of public ownership, but as an inevitable result of having originally handed over a public heritage for the enrichment of individ- uals or private corporations. If the principle of ownership of power develop- ments by the people had been applied at an earlier date, this cost for "intangibles" would have been entirely avoided, and rates for light and power would have been even lower than they are at present. Statement Respecting Rate of Retirement of Bonded Debt Not Supported by Authority Mr. Murray Quotes On page 121 of his report Mr. Murray has made a statement regarding the rate of retirement of bonded debt in municipalities purchasing Hydro service as compared with that of other municipalities. Throughout his report Mr. Murray has based most of his conclusions partly on data which are not cited in his report and which are not accessible either to the Commission or to the public; but in this case he has stated the source from which he purports to have obtained his information, and as that source is a Government publication, it has been possible to examine it and see to what kind of data Mr. Murray is willing to credit conclusions adverse to the Hydro-Electric Power Commission. Mr. Murray's statement, referred to above, is as follows: "For the cities of 25,000 or less the 'Municipal Statistics' published by the provincial government show that as of 1920 there were 161 muni- cipalities receiving Hydro Service and 139 not so doing, making a total of 300 municipalities within these latter population limits for which analyses were made. Figure 13 shows the relation of taxes, bonded debt and sinking funds upon a per capita basis for the 300 municipalities of less than 25,000 inhabitants. Taxes and bonded debt of the municipalities purchasing RE MURRAY AND FLOOD REPORT 23 Hydro Service were higher, while the retirement of the debt by sinking funds was not being carried out as rapidly by those cities using Hydro Service. This is illustrated by the respective sinking funds in terms of the present bonded debt; the rate of retirement being 13.8% less for the Hydro municipalities than for those not taking Hydro Service." It will be noted that Mr. Murray has definitely stated as his conclusion " the rate of retirement being 13.8% less for the Hydro municipalities than for those not taking Hydro Service." This statement is repeated in graphic form in Mr. Murray's figure 13. The source of Mr. Murray's information is also definitely stated as follows: "The last publication of this Bureau" [The Bureau of Municipal Affairs] "is dated February, 1921, and from this has been derived the information contained in Figures 13 and 14." [Figures 13 and 14 illus- trate the paragraph quoted above.] These two statements when taken together prove that Mr. Murray has drawn conclusions which are utterly unjustified by the data upon which they are said to be based, because examination of the booklet to which he appeals as issued by the Bureau of Municipal Affairs under date of February, 1921, discloses the fact that in it there is no mention of how many or which municipal- ities received 'Hydro' service; also, there is no information given regarding the rate of retirement of bonded debt, nor from which such rates may be deduced. Moreover, the Bureau of Municipal Statistics, which issued the booklet re- ferred to, states that this Bureau does not publish the annual sinking fund payments set aside by the municipalities, the amounts of the debentures actually retired annually, or any other statistics from which it would be pos- sible to determine the rates of retirement of municipal debentures or bonded debt of Ontario municipalities. These comments are offered for the benefit of those who, unwittingly, might conclude that the appeal to authority by Mr. Murray was bona fide. 24 STATEMENT IN REFUTATION Mr. Murray Singles Out the Nipigon Development for Special Criticism — His Unjust Statements Refuted The latest municipal power development constructed by the Hydro- Electric Power Commission is the Nipigon plant at Cameron Falls, on the Nipigon river, in the Thunder Bay district. This plant was installed at the special request of municipalities of the Thunder Bay district in order to meet the prevailing power demand and to provide, also, the power necessary for the development of the extensive and varied natural resources of this territory. Mr. Murray goes out of his way to make adverse criticisms respecting the installation itself and even the necessity for its construction. Mr. Murray devotes a whole section of the detailed portion of his report to "The Nipigon Development for the Thunder Bay System of the Hydro-Electric Power Commission of Ontario." Inasmuch as Mr. Murray has entered upon a special discussion of the Nipigon development and has therein shown that he has no proper understanding of the circumstances which he reviews, it is necessary — if for no other reason than to be fair to the municipalities which have invested in this enterprise — to state why the Nipigon plant was necessary, and, at the same time, to refute the false representations which Mr. Murray has made. Mr. Murray has not described the circumstances which made it necessary to construct the plant. He has definitely misrepresented the amount of power available under the terms of an important contract, — just as he has already been seen to have misquoted the Power Commission Act of the prov- ince of Ontario, and made false statement respecting the subject of fiats. Again, in order to cast serious discredit upon the physical advantages of the water power of the Nipigon river, Mr. Murray has failed to emphasize the exceptional storage capacity of Nipigon lake which has an area of 1,530 square miles, while he does emphasize the much inferior storage of Dog lake on the Kaministikwia river which has an area of but 53 square miles. The last mentioned feature of storage is one involving purely engineering considerations, and, inasmuch as Mr. Murray had all the facts before him, it is a matter of surprise that he was induced to make such unprofessional misrepresentations respecting the bearing of well-known physical factors. RE MURRAY AND FLOOD REPORT 25 Power Supply for Port Arthur — Fort William District Not Over-developed Dealing with the Nipigon power development, Mr. Murray in his report attempts to show that the Nipigon development should not have been con- structed, and states: — "In reviewing the situation, I am unable to escape the conclusion that there were no economic grounds justifying the construction of the Nipigon Works. The capacity developed on the Nipigon River, plus that available from the Kaministikwia Power Company, provides the people of the Thunder Bay district v/ith three horsepower per capita. This is five times the per capita capacity of that available from all sources, private or governmental, to the people on the Niagara System, and on the basis of the ultimate proposed development for Nipigon and the Queenston-Chippawa plant, then the amounts available per capita to the Thunder Bay district will be nearly four times as great as that on the Niagara System, When comparison is made of the industrial character of these two territories, the over-development at Nipigon becomes appar- ent. Over-development, of course, reflects gi-eatly into cost of power." In the above quotation Mr. Murray contends that the Thunder Bay district is over-developed as regards available power supply. To substantiate his argument he compares the horsepower developed per capita in this district with that in the older parts of the province of Ontario, even though the power requirements of these districts are absolutely non-comparable. In making his per capita comparison Mr. Murray fails to take into account certain important factors. It is true that the per capita capacity provided and also the per capita consumption are greater in the Thunder Bay district than in the Niagara district. A true comparison of the industrial character of these two territories, however, will not make apparent an over-development at Nipigon, as Mr. Murray suggests, but on the contrary will actually justify the provision for a greater per capita consumption in the Thunder Bay district. In the Thunder Bay district the chief industries to which power is supplied are pulp mills, paper mills and grain elevators. These utilize very large blocks of power and employ a comparatively small number of men, whereas in the older and more thickly settled parts of the Province, not only do the agricul- tural workers constitute a large proportion of the population but the industries using power are of a much more widely diversified nature and not nearly so basic in character. These are the conditions which of necessity result in a smaller use of power per capita in the Niagara district. Kaministikwia Power Company Unablo to Supply Port Arthur with Firm Power of More than 5,000 Horsepower Mr. Murray on page 15 of his report states: "Section 2 [3] of the contract which the Commission held with the Kaministikwia Power Company shows that all power in excess of 6,000 horsepower would come to the Commission at $14.00 per horsepower year, with the contract holding (Section G, page 144) for forty years." and on page 144, referring to the terms of the origmal contract respecting the cost of power delivered to Port Arthur by the Commission, he states: 26 STATEMENT IN REFUTATION "This feature of the contract gave the municipality of Port Arthur a virtual guarantee that, for at least 10,000 horsepower the maximum wholesale cost of power delivered by the Commission would not, during the next ensuing forty years, exceed $17 per horsepower." Now, under the contract which the Commission made with the Kaministi- kwia Power Company the Company was bound to supply power up to a maxi- mum of 5,000 horsepower and, provided the Kaministikwia Power Company had the additional power available when required, this maximum amount of 5,000 horsepower was to be increased to 10,000 horsepower or more. A vital clause in the agreement between the Commission and the Kaministikwia Power Company — but one which Mr. Murray found it convenient to omit from his report, — reads as follows: "If after the Commission has ordered 5,000 horse power a further order is given and the Company has no power beyond 5,000 horse power available, the Commission shall release the Company from all covenants to furnish power over the said 5,000 horse power or procure the right for the Company to develop the water power at Silver Falls, " Had Mr. Murray quoted this paragraph he would have disclosed the fact that the Commission had an effective option on only 5,000 horsepower of firm power and not on "at least 10,000 horsepower," as Mr. Murray states in his report. Under this contract, the only condition upon which the Kaministikwia Power Company would give the Commission the right to take 10,000 horse- power was that the Commission should "procure the right for the Company to develop the water power at Silver Falls" — i.e. the Dog Lake site. To this proposal, however, the municipalities absolutely refused to consent. Kaministikwia Power Company Unable to Supply the General Power Requirements of Port Arthur — Fort William District Mr. Murray represents that the Kaministikwia Power Company had available sufficient power to meet the requirements of the entire district. This, however, was far from being the case. In January 1921, the Fort William Paper Company contracted for the larger portion of the surplus capacity of the Kaministikwia Power Company and the latter Company was therefore unable to consummate a contract desired by the Great Lakes Paper Company for 10,000 horsepower, owing to the fact that all of the Power Company's surplus power had been pledged, as indeed Mr. Murray in his report himself admits when he states: "However, the Great Lakes Pulp & Paper Company never entered into a contract with the Commission for the purchase of power and as late as 1920 was negotiating with the Kaministikwia Power Company for a supply of power, which contract they were unable to consummate, as the Kaministikwia Power Company, Ltd., meantime had contracted with the Fort William Paper Company for the larger portion of its surplus power; including that then being supplied to the Hydro at Port Arthur." When it is remembered that, at this time, over 10,000 horsepower was being delivered from the Nipigon plant to supply the requirements of the city of Port Arthur and other consumers in the district, it is perfectly evident that RE MURRAY AND FLOOD REPORT 27 the power resources of the Kaministikwia Power Company were quite inad- equate to meet the existent and future requirements of the Thunder Bay dis- trict. Had the Commission depended upon the Kaministikwia Power Company for a supply of power to the Thunder Bay district, there would have resulted an early and serious shortage of power, and the resulting losses to the district would have far outweighed the additional cost which was entailed by con- structing the Nipigon plant at a time of high prices for material and labour. Mr. Murray, in order to support his contention that the plant of the Kaministikwia Power Company was adequate to supply the power demands of the district, refers to the installed capacity as approximating 35,000 horse- power. He states: "On the other hand, investigation discloses that the Kaministikwia Power Company, having a plant capacity of 35,000 horsepower at Kaka- beka Falls in 1917, had available at that time 15,000 horsepower of excess capacity which was not then contracted for, and in addition owned the rights on the Kaministikwia River for other developments of a capacity equally as large as that at Kakabeka Falls." It is true that equipment for generating 35,000 horsepower is installed, but owing to water supply, the continuous power of the Kaministikwia plant — that is, the kind of power that is required by most of the basic industries, actual and prospective, and in particular the pulp and paper industry — is limited to about 16,000 horsepower. The Dog Lake power site is the only other site on the Kaministikwia river where power in excess of 3,000 horsepower could be developed. The Kaministikwia Power Company does not own these water-power rights. Mr. Murray's statement that the Company "owned the rights on the Kamin- istikwia river for other developments of a capacity equally as large as that at Kakabeka Falls," is therefore, absolutely incorrect. Commission Ha« Published a Statement Respecting Nipigon Power Development and Thunder Bay District The Hydro-Electric Power Commission of Ontario has recently issued an illustrated booklet entitled "The Nipigon Hydro-Electric Power Develop- ment constructed and operated for the Municipalities of the Thunder Bay District by the Hydro-Electric Power Commission of Ontario." This publi- cation gives an historical survey of the events leading up to the decision of the Commission to develop Nipigon power and deals also with the questions of rates, consumption of electrical energy, power demands, and probable future markets for power. A chapter is devoted to the "Advantages of the Twin Cities," and in an Appendix a description is given of the physical and other features of the Nipigon development. To users, and prospective users of power in the Thunder Bay district the information given in this pamphlet will prove of exceptional value; and, moreover, its contents constitute an extended and irrefutable answer to Mr. Murray's statements respecting the Nipigon development. 28 STATEMENT IN REFUTATION Although the publication just referred to shows how the pressing demands for power became manifested, nevertheless, it is desirable here to demonstrate the substantial nature of these demands by quoting a few authoritative state- ments upon this important phase of the subject under discussion. The Commission Decided to Proceed with Nipigon Development after Receipt of Urgent Demands from The Provincial Government and the Municipalities The Hydro-Electric Power Commission at one time considered obtaining additional power for the Thunder Bay district from a development on the Kaministikwia river at Silver Falls — the Dog Lake site — where a maximum of some 20,000 continuous horsepower is available. Before the development of the Dog Lake site was started, however, the Provincial Government granted certain large timber concessions in the Thunder Bay district on conditions which demanded their early development. Such development would, of necessity, involve the use of large blocks of power, A number of urgent resolutions had been received from municipalities at the Head of the Lakes pressing the Commission to develop sufficient power to take care of the immediate requirements of the district. One of these res- olutions from the City Council of Port Arthur, dated February 14th, 1918, states: "Be It Therefore REvSolved that this Council places before Sir Adam Beck, the urgency of the power requirements of Port Arthur and that he be asked to immediately and definitely decide upon the mosfr feasible source of supply," also, the Public Utilities Commission concludes: "Be It Resolved, that the attention of the Hydro-Electric Power Commission be again drawn to this very important question of future power supply and the critical situation which is liable to develop," On June 13th, 1918, and again on July 5th, communications were re- ceived from the Mayor of Port Arthur pointing out the necessity for immed- iately going ahead with the development of power for the cities of Port Arthur and Fort William. Thus the communication of the 13th June, 1918, states: "Both Cities have placed themselves unreservedly in your hands, and therefore, our hands are tied as to any further action, and the re- sponsibility of furnishing us with power rests entirely with you there will come a time when it will be too late to complete development work and get Nipigon power delivered to us." The Provincial Government also wrote the Commission on June 14th, 1918, emphasizing the urgent necessity of the Commission at once developing sufficient power to take care of the government timber concessions granted in the district. Premier Sir William Hearst's letter of this date also states that RE MURRAY AND FLOOD REPORT 29 "the Government could not consider any plant for the development of the water powers at Nipigon without provision being made to supply the necessary powers required for the operation of the plants demanded by the terms of the concessions in question I simply want to point out, at the earliest possible moment, that no power development at Nipigon could be considered that will not provide for the power require- ments necessary for the development of the Nipigon Pulp Concessions." Acting upon the numerous and urgent demands — of which those just cited are typical — from the Municipalities and from the Provincial Govern- ment, and taking into consideration, also, other factors including the physical characteristics and capacities of the alternative pov/er sites, the Commission decided not to undertake the Dog Lake development at that time but to proceed with the Nipigon development, which possesses an ultimate capacity sufficient not only to meet the immediate requirements of the district, but also to serve for some time to take care of future needs. Thus the forehanded action on the part of the Hydro-Electric Power Commission in developing the Nipigon power site has secured to the Thunder Bay district an ample supply of power at attractive rates, — the prime requisite for a healthy expansion of industrial activities based upon the utilization of the natural resources of the district. Mr. Murray Misleads Respecting Storage of Nipigon River In his report Mr. Murray, by an unpardonable failure to emphasize essential facts, belittles the power possibilities of the Nipigon river and espec- ially the new power development at Cameron Falls. The comparison he makes of the Nipigon river with the Kaministikwia river is simply absurd. In the first place, Mr. Murray's presentation will mislead any who may read his report and who may not be familiar with the true conditions. He sets forth in a special quotation a statement from the Water Power Branch of the Department of the Interior, Ottawa, as follows: "No storage by artificial means is maintained in the Nipigon watershed." Mr. Murray then refers to certain features of the Kaministikwia river and power development thereon and, along with other facts, states that the Dog Lake storage has an area of 53 square miles. The accompanying outline map shows Lake Nipigon, area 1530 square miles, which constitutes the storage reservoir available to regulate the flow for all power sites on the Nipigon river, and — inset to the same scale — Dog lake, area 53 square miles, which is utilized as a storage reservoir for regulating the flow of the Kaministikv/ia river. The map demonstrates very clearly the relative magnitude of these two lakes. It is interesting to note how Mr. Murray fails to reveal the great amount of storage behind the Nipigon River development. It is true that a regulating dam is not maintained at lake Nipi- gon because, owing to the exceptionally good natural regulating properties of lake Nipigon, it is not necessary, as yet, to control the level and outflow from the Lake. Provision for a dam when necessary, is, however, included in the Commission's plans. 30 STATEMENT IN REFUTATION SCALE 4- 8 12 I I I I il I I i d MILES OuTiiiNE Map showing Lake Nipigon, which constitutes the storage reser- voir AVAILABLE TO REGULATE THE FLOW FOR ALL THE POWER SITES ON THE NiPIGON River, and — inset to the same scale — Dog Lake, which is utilized as a storage RESERVOIR FOR REGULATING THE FLOW OF THE KaMINISTIKWIA RiVER. Area Lake Nipigon 1530 square miles. Dog Lake 53 S(-dro-Electric Power Commission o( Ontario duri rith the Comn icipalities supplied from tl and maintained by the 1 Muni dp all ties by means o : Power Comm e System during tbe Column ♦— Gi Municipalities. These pli cipalities from thi intained by the Muni- ,nk Balance Note:— Among other charj to Municipalities includes ac cording t Cost of Power to the Commission as charged levy (after the five-year exemption period Commission Art) for Sinking Fund for the specific purpose misaion's debt to tbe Provincial Government, and also in- e Funds is reflected ai h Municipality ii aSyst LIABILITIES Column S— Gives the Municipalities'! lability ir Po«er Commission's Plants. Th< by the Commission in stations, lin sion's Sinking Fund collected in ePow. i\ Deben ig other charges n the Power C( e Hydro-Electr e total of the si iccumulat«d after having t^entA, Sinking Fund, . T Company of Niagar li Municipal Eydio Utilities of the Nias » IS— Total Reserv Hydro-Electric Power Commission Balance Sheet for the Period Ending December 31st, 1921 (Municipalities of Niagara System) SrX" RESERVES RETURN TO the circulation desk of any University of California Library or to the NORTHERN REGIONAL LIBRARY FACILITY Bldg. 400, Richmond Field Station University of California Richmond, CA 94804-4698 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS 2-month loans may be renewed by calling (415)642-6753 1-year loans may be recharged by bringing books to NRLF Renewals and recharges may be made 4 days prior to due date DUE AS STAMPED BELOW FEB 5 1991 SEP 81992 Makers Stockton, Calif. PAT. JAN. 21. 1908 UNIVERSITY OF CALIFORNIA LIBRARY BERKELEY Return to desk from which borrowed. This book is DUE on the last date stamped below. ^^^^ ^0 /oc. NOV. S9 1953 APR 1 1955 fVf^N TO D OCS DfPT LD 21-95to-11,'50(2877s16)476