Yukon First Nations divided over Whitehorse dam relicensing

The Kwanlin Dün First Nation and the Ta'an Kwach'an Council are now in support of a long-term licence for the Whitehorse hydroelectric dam, driving a sharp wedge, it seems, between them and at least one other nation.

In an Aug. 21 letter posted by the Yukon Environmental and Socio-economic Assessment Board (YESAB), Kwanlin Dün and Ta'an Kwäch'än say now is the time to "trust each other," calling on the board to hasten its review of Yukon Energy's proposal for a new licence.

"Restoring the environment in the [Whitehorse dam] project area to pre-dam conditions is not possible, but what is possible is to work together to make incremental, continuous improvements year-over-year in an effort to restore balance to system [sic] and improve environmental and socio-economic conditions in the area," states the letter, also signed by the chair of Yukon Energy and the premier.

"The [Whitehorse dam] is also a piece of critical energy infrastructure that provides an essential service to First Nation citizens and Yukoners."

Yukon Energy's current operating licence for the dam expires next May.

This is the first time the facility, built in 1958, is undergoing a review by the assessment board, which didn't exist when Yukon Energy's last licence for the dam was issued, in 2000. Until now, Yukon First Nations have never been involved in the process. 

People have long suspected the facility of killing fish like chinook, whose numbers have for years been in sharp decline in the Yukon River. Now, those hunches are backed up by research, which is ongoing. Many have been pushing for greater protections for chinook salmon and other fish like grayling and Northern pike.

Kwanlin Dün and Ta'an Kwäch'än say effects to the salmon and other animals remain. But those will take time to fix, and should be dealt with iteratively over a long time. That's why they're now endorsing a 20-year licence period, and that Yukon Energy operates the facility, the letter states, "substantially in the same form as the existing licence."

Yukon Energy has proposed another 25-year licence, like the last one issued in 2000.

The two First Nations want YESAB to finish its review before Oct. 31, so that the decision bodies — the Yukon and federal government — can be in a position to issue a decision in December.

Opposed to that is the Carcross/Tagish First Nation, which alleges the territory and its Crown corporation — Yukon Energy — are politically pressuring the board.

'Reckless approach'

In its own letter to YESAB on Aug. 29, the Carcross/Tagish First Nation specifically takes aim at Yukon Energy and the territorial government, accusing them of rushing the assessment. The First Nation calls that a "reckless approach," one that could undermine the credibility of a review that it says has vast implications on First Nations rights.

The First Nation also states the territory and its Crown corporation are prioritizing operational and cost concerns over constitutional obligations.

The Carcross/Tagish First Nation is also proposing a shorter, 10-year licence. Anything beyond that duration, it says, and proposed environmental mitigations could fail.

Catherine Ford-Lammers, the lead on the file for the First Nation, told CBC News a shorter licence is needed to ensure things actually get done. She adds that a lot can happen in 20 years, with climate change affecting entire ecosystems.

"We need action," she said. "We can't because of the past and the historical impacts of this facility. We can't just go on a 'trust us, we'll do these things within a long-term licence.'

"We are not trying to shut down this facility. Obviously we know this is critical infrastructure. We want a fair assessment."

The Carcross/Tagish First Nation's traditional lands include the headwaters of the Yukon River.

"There's a lot of talk about downstream effects and impacts to where the actual facility is in Whitehorse, but that facility just simply is useless without all of those headwaters coming downstream," Ford-Lammers said.

There's precedent for shorter-term licences for dams in the territory. The Aishihik dam is currently operating under a five-year term. Yukon Energy agreed recently to an equivalent licence term for the Mayo dam, which the assessment board continues to evaluate.

Ford-Lammers said shorter terms ensure more consistent data collection. She said it's a double standard to treat the Whitehorse dam any differently.

"Maybe it's because there are three nations involved with this facility and the majority support the asks of the proponent," Ford-Lammers said. 

"We're kind of left out."

The chiefs of Kwanlin Dün and Ta'an Kwäch'än weren't available for interviews.

Doesn't need to be 'consensus on everything'

Michael Muller, Yukon Energy's vice president of planning, environment, health and safety, told CBC News he acknowledges the differing positions, and that people want things to be done right.

Still, he said shorter-term licences can be bad for business.

"It creates financial and human resources limitations about what work can actually be done. Short-term authorizations mean we spend a lot more money and time, and our partners spend a lot more money and time, on regulatory processes rather than on finding ways to address interests and to help the facility operate better," he said.

Muller said the Crown corporation stands by its work with the First Nations to address problems at, for instance, the Whitehorse fish ladder and with entrainment, where fish are inadvertently swept into intakes at the dam.

"We're talking about how to make things better, and we're already doing those things," he said.

"Working together doesn't mean there needs to be consensus on everything, right? That's not what transparent, open, intentional collaboration is."

Muller said Yukon Energy supports a completed YESAB review by October because that way the regulator — the Yukon Water Board — will have enough time to complete its own process before the company's licence expires.

Asked whether Yukon Energy has a plan to keep the dam running even if the current licence expires before a new one is issued, Muller said that's among the things the company is looking into.

"What we see right now is that those options are very limited if they even exist at all," he said. 

"We need a YESAB decision document, and so that assessment needs to be completed."