Chief Akagi requests public hearing to review any new governance arrangement for the Point Lepreau nuclear reactor on Peskotomuhkati homeland

On May 15, New Brunswick’s Energy Development Minister Mike Holland tabled the first reading of a bill to change the Electricity Act. The change would allow NB Power to enter a partnership with Ontario Power Generation (OPG).

In a letter to the Canadian Nuclear Safety Commission (CNSC) on May 29, Peskotomuhkati Chief Hugh Akagi outlined his initial concerns with the proposed agreement between NB Power and OPG, which reportedly includes a partial ownership stake in the Point Lepreau Nuclear Generating Station.

The letter is from the Passamoquoddy Recognition Group (PRGI) which represents the Peskotomuhkati Nation in Canada and the interests of rightsholders and the Peskotomuhkati ecosystem, including the Point Lepreau Nuclear Station and areas surrounding up to 90 km away.

Any new owners of the Lepreau CANDU nuclear reactor will have rights and responsibilities that PRGI wants clarified. In May 2022, Chief Akagi spoke at a public hearing held by the CNSC in Saint John to discuss NB Power’s request for a 25-year renewal of the license to operate the Point Lepreau nuclear reactor.

At the hearing, PRGI asked the CNSC to reduce the license to three years, stating that the average length of licensing is only 2.44 years. In the end, the CNSC granted a 10-year licence. Given that PRGI has already felt the impact of the proposed change in licence holders, they are rightfully concerned about the possible repercussions that will come from the new proposed changes.

In December 2023, New Brunswick published its new energy strategy, outlining plans to declare that the Point Lepreau reactor will undergo licence “renewals every 10 years.” This statement assumes that the 10-year license length will be the conclusion of future discussions that have not happened yet.

Back in June 2022, Chief Akagi stated that a 10-year license renewal meant that Canada was not meeting its own legal and related obligations to the Nation. “The new licence gives NB Power the ability to create and store 10 more years of fresh and dangerous high-level waste on our territory. This is not acceptable,” Chief Akagi said at the time.

Canada adopted the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).  Article 29 of UNDRIP requires states to take effective measures to ensure that no storage or disposal of hazardous materials takes place in the lands or territories of Indigenous peoples without their free, prior, and informed consent. The CNSC’s decision to grant NB Power a 10-year license renewal does not reflect this commitment.

Regarding any new governance arrangement for the Point Lepreau reactor, PRGI has many questions outlined in its letter to the CNSC.

PRGI wonders how a new joint ownership entity will fulfill its Indigenous consultation obligations. Will PRGI have any say about these arrangements? How will a joint ownership arrangement for the existing CANDU reactor impact any new reactors on the Point Lepreau site? What will OPG’s responsibilities be for the existing and any further nuclear waste produced by the Point Lepreau plant under a co-ownership arrangement?

NB Power is fraught with 3.6 billion dollars of nuclear debt due to the original building cost of the Lepreau nuclear generating station, the later refurbishment of the reactor, and the poor performance over the course of its operation.

This potential agreement would mean shedding the Lepreau nuclear reactor off to a new entity, which would be co-owned with OPG and NB Power in an agreement that could force New Brunswick customers to pay for expensive nuclear power for decades.

The letter by Chief Akagi ends with two requests. First is the need for the CNSC to commit to holding in-person hearings for the future request to change ownership of the Lepreau nuclear reactor to ensure that the Peskotomuhkati Nation can intervene in its traditional way rather than only through written intervention.

The second request asks the CNSC to remind the New Brunswick Government that a future 10-year license for the Lepreau reactor is not up to the provincial government. Instead, it will be a matter of review and decision made by the CNSC, which will involve public intervenors, including PRGI. 

As Chief Akagi outlines, NB Power is required to make an application to the CNSC to authorize the transfer of licence, and under section 40 of the Nuclear Safety and Control Act, they are also required to hold a hearing. The Peskotomuhkati Nation does not want this proposed change to become another injustice that they must bear. The CNSC needs to ensure that Peskotomuhkati people’s voices are heard, understood, and respected in the process.

Abby Bartlett is a research assistant on the CEDAR project at St. Thomas University.