For the third time this year, Saskatchewan’s Information Commissioner has ruled SaskPower did not adequately justify why it withheld information requested by Tim Kasprick, Buffalo Party candidate for Yorkton.On January 24, Kasprick requested a copy of a 25-year contract between SaskPower and Iyuhana Solar as well as information about provincial and federal subsidies involved and comparative pricing for small power producers.In its reply March 1, the Crown corporation said no subsidies applied and that 3,700 net metering customers and 68 small power producers were paid 7.5 cents per kWh for power sent into the SaskPower grid. A separate Power Generation Partner Program had 25 solar projects that would be online by March 31, 2025 to produce more than 18 mW.However, the Crown withheld portions of 38 pages of its contract with Iyuhana Solar, citing the need to protect confidential and third-party information. Kasprick appealed.In its submission to Saskatchewan's Information and Privacy Commissioner Ronald J. Kruzeniski, SaskPower said, “Further the agreement has technical information about SaskPower’s grid and the requirements to connect and operate at a component of the grid. The cost of individual contracts as well as technical information about the power system in Saskatchewan is all highly proprietary.”The Crown added, “Information in these documents is considered confidential. The disclosure of the redacted information would be harmful to SaskPower and could pose a substantial legal risk if lost or shared beyond SaskPower employees and the third party as it would undermine future power agreement RFPs, as well as expose SaskPower to legal liability by the third party in this case.”However, on August 28, Kruzeniski said the Crown corporation did not adequately justify its reasons for withholding information. He cited a previous verdict he made in Review Report 301-2023 on July 22. Here, Kasprick had requested details on the Crown’s plans for small nuclear reactors. The commissioner said the crown failed to explain its secrecy then just as it was not doing for the request on solar power.“I used the example of a tech company investing in research and development, building a technology, patenting it, and then earning money from marketing it. In that matter, SaskPower did not demonstrate that was the type of relationship that existed, and it did not do so here, either,” Kruzeniski wrote..Buffalo Party candidate prepared to take SaskPower to court for neglecting disclosure on nuclear reactor costs.After missing the initial deadline to reply to the commissioner’s verdict on the nuclear request, SaskPower finally replied in writing on Friday, but said it would take another ten days to see if they would disclose anything further.“We will be reviewing your report and recommendations to determine if further responsive records can be released. It is a significant number of records to review,” SaskPower explained.“In addition, there is third party information within the relevant records and we will need to determine if notice needs to be given to the third parties before releasing the applicable records.”Kasprick is familiar with processes regarding information requests, having handled them for Saskatchewan Health Authority until 2021. In an email to Western Standard, Kasprick said SaskPower was acting “in bad faith.”“It looks like SaskPower read your article on FOI noncompliance and they are making it worse,” Kasprick wrote.“SaskPower wants to start from square 1. You can’t do that under the legislation. They should have done all this starting the day they received my request."“What they sent does not count as a section 56 response and what they plan to do in the letter is making up their own rules.”Kasprick was also stymied by SaskPower in yet another request, this one regarding a 16-page record regarding a replacement of six miles of single phase power lines with three phase power lines at the request of one corporation. Kruzeniski also ruled against SaskPower on this request also, and subsequent non-compliance prompted Kasprick to pursue the matter in court.“The Buffalo Party will work hard to see FOI compliance by government institutions as Freedom of Information rights are too important to lose,” Kasprick promised.The redacted version of the contract received by Kasprick is attached below.
For the third time this year, Saskatchewan’s Information Commissioner has ruled SaskPower did not adequately justify why it withheld information requested by Tim Kasprick, Buffalo Party candidate for Yorkton.On January 24, Kasprick requested a copy of a 25-year contract between SaskPower and Iyuhana Solar as well as information about provincial and federal subsidies involved and comparative pricing for small power producers.In its reply March 1, the Crown corporation said no subsidies applied and that 3,700 net metering customers and 68 small power producers were paid 7.5 cents per kWh for power sent into the SaskPower grid. A separate Power Generation Partner Program had 25 solar projects that would be online by March 31, 2025 to produce more than 18 mW.However, the Crown withheld portions of 38 pages of its contract with Iyuhana Solar, citing the need to protect confidential and third-party information. Kasprick appealed.In its submission to Saskatchewan's Information and Privacy Commissioner Ronald J. Kruzeniski, SaskPower said, “Further the agreement has technical information about SaskPower’s grid and the requirements to connect and operate at a component of the grid. The cost of individual contracts as well as technical information about the power system in Saskatchewan is all highly proprietary.”The Crown added, “Information in these documents is considered confidential. The disclosure of the redacted information would be harmful to SaskPower and could pose a substantial legal risk if lost or shared beyond SaskPower employees and the third party as it would undermine future power agreement RFPs, as well as expose SaskPower to legal liability by the third party in this case.”However, on August 28, Kruzeniski said the Crown corporation did not adequately justify its reasons for withholding information. He cited a previous verdict he made in Review Report 301-2023 on July 22. Here, Kasprick had requested details on the Crown’s plans for small nuclear reactors. The commissioner said the crown failed to explain its secrecy then just as it was not doing for the request on solar power.“I used the example of a tech company investing in research and development, building a technology, patenting it, and then earning money from marketing it. In that matter, SaskPower did not demonstrate that was the type of relationship that existed, and it did not do so here, either,” Kruzeniski wrote..Buffalo Party candidate prepared to take SaskPower to court for neglecting disclosure on nuclear reactor costs.After missing the initial deadline to reply to the commissioner’s verdict on the nuclear request, SaskPower finally replied in writing on Friday, but said it would take another ten days to see if they would disclose anything further.“We will be reviewing your report and recommendations to determine if further responsive records can be released. It is a significant number of records to review,” SaskPower explained.“In addition, there is third party information within the relevant records and we will need to determine if notice needs to be given to the third parties before releasing the applicable records.”Kasprick is familiar with processes regarding information requests, having handled them for Saskatchewan Health Authority until 2021. In an email to Western Standard, Kasprick said SaskPower was acting “in bad faith.”“It looks like SaskPower read your article on FOI noncompliance and they are making it worse,” Kasprick wrote.“SaskPower wants to start from square 1. You can’t do that under the legislation. They should have done all this starting the day they received my request."“What they sent does not count as a section 56 response and what they plan to do in the letter is making up their own rules.”Kasprick was also stymied by SaskPower in yet another request, this one regarding a 16-page record regarding a replacement of six miles of single phase power lines with three phase power lines at the request of one corporation. Kruzeniski also ruled against SaskPower on this request also, and subsequent non-compliance prompted Kasprick to pursue the matter in court.“The Buffalo Party will work hard to see FOI compliance by government institutions as Freedom of Information rights are too important to lose,” Kasprick promised.The redacted version of the contract received by Kasprick is attached below.
