After all the years of dealing with Norton Rose Fulbright your Yankee law firm partner Bryon G. Farnsworth picked a bad day to piss me off N'esy Pas Brian Mulroney?
Bryon Farnsworth regularly works on a variety
of complex transactions, including multistate healthcare system
issuances, master trust indenture amendments and restructurings,
interest rate exchange agreements, private placements, commercial paper,
and multi-modal variable rate products. He has acted as bond counsel,
borrower's counsel, underwriter's counsel, issuer's counsel and
disclosure counsel on public finance matters involving governmental
entities, 501(c)(3) borrowers, non-profit and for-profit senior
living communities, and prepaid natural gas supply contracts.
Bryon joined the Denver office in 2012. Prior to joining, Bryon was a
member with Sherman & Howard L.L.C in Denver, Colorado.
Perhaps
you should ask Henneberry’s Reporting Service about this
yourself? This is
the text of your letters to me last month and four
years ago
Correct?
April 17, 2018
VIA EMAIL
Mr. David Amos
Dear
Mr. Amos
Re: Right to Information and Protection of Privacy ActRequest
for information
---------- Original message ----------
From: Marta Kelly <marta.kelly@sjenergy.com>
Date:
Mon, 7 May 2018 12:02:43 +0000
Subject: Automatic reply: Methinks the lawyer
Wanda Harrison who is the VP of NB Power
can never say she didn't know the
score and that it is her signature on the document hereto
attached N'esy Pas
Miniister Doucet and Premeir Gallant?
To: David Amos <motomaniac333@gmail.com>
I
am currently out of the office, if you require immediate assistance
please
contact Tom Brown at 658-5202 (Finance) or Steve Boudreau
658-5247 (Customer
Service). Thanks and have a great day.
Municipal utilities try to block power-rate relief for overcharged NB Power customers
Commercial, institutional customers overcharged by $30 million
Robert Jones · CBC News ·
515 King Street, which houses NB Power and Bank of Montreal, made the list for its overuse of squares. (Philip Drost/CBC)
New
Brunswick's three municipal utilities are asking that rate relief
promised to long-suffering commercial and institutional customers of NB
Power be postponed until more is known about the issue, even though the
overcharging of the group has been documented in the province for almost
three decades.
"There seems to me to be no reason to take steps
without a prudent level of consideration, and many reasons to take the
time to make good choices," said Paula Zarnett, a Toronto-based expert
in utility regulation, rate design and rate policy.
She prepared
the evidence on behalf of Saint John Energy, Energy Edmundston and the
Perth Andover Electric Light Commission, which oppose the special rate
relief for commercial customers.
"I
conclude that there is too much uncertainty affecting the future … at
this time to make the proposal [for commercial rate
relief] justifiable."
NB Power offers a variety of different rates to different customer groups based on the cost to provide service to each one.
Overcharged by $30 million
Scott
Stoll is the lawyer representing New Brunswick's three municipal
utilities. He called an expert witness Tuesday suggesting the EUB order
NB Power to suspend rate relief plans for commercial customers. (Robert Jones/CBC)
However,
for historical reasons the utility acknowledges its commercial and
institutional customers, including small businesses, commercial
properties and government bodies, are charged at least $30 million too
much for the power they consume given the cost to provide them service
Currently, small businesses pay 13.07 cents per kilowatt hour for electricity, 21 per cent more than residential customers.
Over
the years, business groups and various public interveners have
complained about that disparity, and three separate times — 1992, 2005
and 2016 — the Energy and Utilities Board and its predecessor, the
Public Utilities Board, have ordered it to be fixed
Saint
John Energy is the largest of three municipal utilities in New
Brunswick along with Energy Edmundston and the Perth Andover Electric
Light Commission. (Saint John Energy)
In
2017, NB Power promised to resolve the matter over 10 years by offering
commercial customers smaller rate increases than other customers.
This
year, it has been proposing to increase rates to most of its commercial
customers by just 0.68 per cent with all other customers, including the
municipal utilities, getting average increases of 1.64 per cent.
Municipal
utilities did not object to the plan in 2017, but they are this year.
They fear losing money if they have to absorb a 1.64 percent increase
from NB Power, but then can only charge their own commercial customers
0.68 per cent more.
On Tuesday, Zarnett told the EUB it should gather more evidence before granting commercial customers any additional rate relief.
Conflicting views
The
board is scheduled to hold a hearing into NB Power's overall rate
design and how it assigns costs to different customers later this year,
and Zarnett suggested this could produce some surprise results,
including the possible discovery that commercial customers are not
overcharged at all.
"The result could be an adjustment made in one year is shown to be inappropriate within a year or two," Zarnett said.
"Changes
like that should be undertaken when there is a high degree of
confidence that the direction will be substantiated over time."
U.S.
energy expert Robert Knecht told the EUB hearing heard evidence suggest
commercial and industrial customers have been overcharged for almost
three decades. (Robert Jones/CBC NEWS)
But not everyone was buying that argument as genuine.
U.S.
energy expert Robert Knecht told the hearing all evidence points to New
Brunswick commercial customers being overcharged for power for 27 years
and being entitled to immediate relief.
They have paid "well in excess of 100 per cent since the first case I did in New Brunswick in 1991," Knecht said.
"There
is always a reason not to be moving rates in line with costs, and I
think that getting the rates for [this] class more in line with costs is
long overdue."
---------- Original message
----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date:
Mon, 7 May 2018 12:06:22 +0000
Subject: RE: Methinks the lawyer Wanda
Harrison who is the VP of NB Power can never
say she didn't know the score
and that it is her signature on the document hereto attached
N'esy Pas
Miniister Doucet and Premeir Gallant?
To: David Amos <motomaniac333@gmail.com>
Thank
you for your email to the Energy and Utilities Board.
This is to
acknowledge receipt of the document you have filed with the
Board.
***
La Commission de l’énergie et des services publics
vous remercie pour
votre courriel.
Nous accusons réception du document
que vous avez déposé auprès de la
Commission.
N.B. Energy and
Utilities Board
Commission de l’énergie et des services publics du
N.-B.
15 Market Square – Suite 1400
P.O. Box 5001/C.P. 5001
Saint John,
NB E2L 4Y9
Telephone : 506-658-2504
Fax/Télécopieur :
506-643-7300
Email : general@nbeub.ca /
Courriel : general@cespnb.ca
Website:
www.nbeub.ca / Site Web : www.cespnb.ca
Confidentiality Notice
This
private message (and any attachments) is for the exclusive use of
the
individual for whom, or entity for which, it is intended. It may
contain
information that is privileged, confidential or exempt from
disclosure by
law. Its author does not waive the protection afforded
to it under
applicable law. Disclosure to anyone other than the
intended recipient does
not constitute waiver of privilege. Its
possession or usage, by any person
other than the one for whom it is
intended, is not authorized by its author
and is strictly prohibited.
If you have received this communication in error,
please notify us
immediately, at our expense, by telephone at (506)
658-2504. Also, if
you received this email in error, delete it and any
attachments from
your computer system and records. Thank you.
Avis de
confidentialité
Ce message privé (et toutes les pièces jointes) est à l'usage
exclusif
de la personne pour laquelle ou entité pour laquelle, il est
destiné.
Il peut contenir des informations qui sont
personnelles,
confidentielles ou exemptées de la divulgation par la loi. Son
auteur
ne renonce pas à la protection accordée en vertu de la loi
applicable.
Sa divulgation à toute personne autre que son destinataire
ne
constitue pas une renonciation de privilège. Sa possession
ou
l'utilisation, par une personne autre que celle pour laquelle il
est
destiné, n'est pas autorisée par son auteur et est
strictement
interdite. Si vous recevez cette communication par erreur,
veuillez
nous appeler dans les plus brefs délais, à frais virés, au
(506)
658-2504. Aussi, si vous avez reçu ce courriel par erreur,
veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre
système
informatique et de vos dossiers. Merci.
Attn Ellen C. Desmond Q.C and Minister Rick Doucet RE Request
for
information I have not heard back from you or your friends
the
Henneberry’s Reporting Service
---------- Original message ----------
From: "Harrison,
Wanda" <WHarrison@nbpower.com>
Date:
Mon, 7 May 2018 01:22:20 +0000
Subject: Automatic reply: EXT - Attn Ellen C.
Desmond Q.C and
Minister Rick Doucet RE Request for information I have not
heard back
from you or your friends the Henneberry’s Reporting Service
To:
David Amos <motomaniac333@gmail.com>
I
will be out of the office until Monday, May 7. I will be
periodically
checking emails.
Thank
you
________________________________
This e-mail
communication (including any or all attachments) is
intended only for the use
of the person or entity to which it is
addressed and may contain confidential
and/or privileged material. If
you are not the intended recipient of this
e-mail, any use, review,
retransmission, distribution, dissemination,
copying, printing, or
other use of, or taking of any action in reliance upon
this e-mail, is
strictly prohibited. If you have received this e-mail in
error, please
contact the sender and delete the original and any copy of this
e-mail
and any printout thereof, immediately. Your co-operation
is
appreciated.
Le présent courriel (y compris toute pièce jointe)
s'adresse
uniquement à son destinataire, qu'il soit une personne ou
un
organisme, et pourrait comporter des renseignements privilégiés
ou
confidentiels. Si vous n'êtes pas le destinataire du courriel, il
est
interdit d'utiliser, de revoir, de retransmettre, de distribuer,
de
disséminer, de copier ou d'imprimer ce courriel, d'agir en vous y
fiant
ou de vous en servir de toute autre façon. Si vous avez reçu le
présent
courriel par erreur, prière de communiquer avec l'expéditeur
et d'éliminer
l'original du courriel, ainsi que toute copie
électronique ou imprimée de
celui-ci, immédiatement. Nous sommes
reconnaissants de votre
collaboration.
---------- Original message ----------
From: "Connelly Bosse,
Natacha" <NConnellyBosse@nbpower.com>
Date:
Mon, 7 May 2018 01:22:20 +0000
Subject: Automatic reply: EXT - Attn Ellen C.
Desmond Q.C and
Minister Rick Doucet RE Request for information I have not
heard back
from you or your friends the Henneberry’s Reporting Service
To:
David Amos <motomaniac333@gmail.com>
Hi,
Please note that I will beaway from the office until May 9th
inclusively
without access to email. I will reply to your message upon
my return. If your
request is urgent, please contact Janet Campbell.
Bonjour, Veuillez noter
que je serai absente du bureau jusqu'au 9 mai
inclusivement sans accès à mes
courriels. Je répondrai à votre
message à mon retour. Si votre demande est
urgente, veuillez
communiquer avec Janet
Campbell.
________________________________
This e-mail
communication (including any or all attachments) is
intended only for the use
of the person or entity to which it is
addressed and may contain confidential
and/or privileged material. If
you are not the intended recipient of this
e-mail, any use, review,
retransmission, distribution, dissemination,
copying, printing, or
other use of, or taking of any action in reliance upon
this e-mail, is
strictly prohibited. If you have received this e-mail in
error, please
contact the sender and delete the original and any copy of this
e-mail
and any printout thereof, immediately. Your co-operation
is
appreciated.
Le présent courriel (y compris toute pièce jointe)
s'adresse
uniquement à son destinataire, qu'il soit une personne ou
un
organisme, et pourrait comporter des renseignements privilégiés
ou
confidentiels. Si vous n'êtes pas le destinataire du courriel, il
est
interdit d'utiliser, de revoir, de retransmettre, de distribuer,
de
disséminer, de copier ou d'imprimer ce courriel, d'agir en vous y
fiant
ou de vous en servir de toute autre façon. Si vous avez reçu le
présent
courriel par erreur, prière de communiquer avec l'expéditeur
et d'éliminer
l'original du courriel, ainsi que toute copie
électronique ou imprimée de
celui-ci, immédiatement. Nous sommes
reconnaissants de votre
collaboration.
---------- Original message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date:
Mon, 7 May 2018 11:26:59 +0000
Subject: RE: Attn Ellen C. Desmond Q.C and
Minister Rick Doucet RE
Request for information I have not heard back from
you or your friends
the Henneberry’s Reporting Service
To: David Amos
<motomaniac333@gmail.com>
Thank
you for your email to the New Brunswick Energy and
Utilities
Board.
This is to acknowledge receipt of the comments you
have forwarded to
the Board.
***
La Commission de l'énergie et des services publics du
Nouveau-
Brunswick vous remercie pour votre courriel.
Nous accusons
réception des commentaires que vous avez fait parvenir
à la
Commission.
N.B. Energy and Utilities Board
Commission de
l’énergie et des services publics du N.-B.
15 Market Square – Suite
1400
P.O. Box 5001/C.P. 5001
Saint John, NB E2L 4Y9
Telephone :
506-658-2504
Fax/Télécopieur : 506-643-7300
Email : general@nbeub.ca /
Courriel : general@cespnb.ca
Website:
www.nbeub.ca / Site Web : www.cespnb.ca
Confidentiality Notice
This
private message (and any attachments) is for the exclusive use of
the
individual for whom, or entity for which, it is intended. It may
contain
information that is privileged, confidential or exempt from
disclosure by
law. Its author does not waive the protection afforded
to it under
applicable law. Disclosure to anyone other than the
intended recipient does
not constitute waiver of privilege. Its
possession or usage, by any person
other than the one for whom it is
intended, is not authorized by its author
and is strictly prohibited.
If you have received this communication in error,
please notify us
immediately, at our expense, by telephone at (506)
658-2504. Also, if
you received this email in error, delete it and any
attachments from
your computer system and records. Thank you.
Avis de
confidentialité
Ce message privé (et toutes les pièces jointes) est à l'usage
exclusif
de la personne pour laquelle ou entité pour laquelle, il est
destiné.
Il peut contenir des informations qui sont
personnelles,
confidentielles ou exemptées de la divulgation par la loi. Son
auteur
ne renonce pas à la protection accordée en vertu de la loi
applicable.
Sa divulgation à toute personne autre que son destinataire
ne
constitue pas une renonciation de privilège. Sa possession
ou
l'utilisation, par une personne autre que celle pour laquelle il
est
destiné, n'est pas autorisée par son auteur et est
strictement
interdite. Si vous recevez cette communication par erreur,
veuillez
nous appeler dans les plus brefs délais, à frais virés, au
(506)
658-2504. Aussi, si vous avez reçu ce courriel par erreur,
veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre
système
informatique et de vos dossiers. Merci.
Mactaquac refurbishment could be cheaper with federal, not provincial, loan support: expert
Interest in federal loan shaped in part by New Brunswick's weakening credit rating
Robert Jones · CBC News ·
Mactaquac dam, built in the mid-1960s, is the largest of seven hydroelectric dams in New Brunswick. (Paul Darrow/Reuters)
With
New Brunswick's credit rating on shaky ground, NB Power's
multibillion-dollar refurbishment of the Mactaquac dam might be easier
to finance and cheaper to build if Ottawa guaranteed loans for it rather
than the province, the utility's rate hearing was told.
"It would
likely have a positive impact," said Robert Knecht on Monday in
response to a question from Energy and Utilities Board lawyer Ellen
Desmond about the potential effect of federal loan support for the
Mactaquac refurbishment.
"It would certainly reduce risk for the provincial debt if there were a federal guarantee."
Knecht
is a Massachusetts based energy and regulatory expert hired to testify
about NB Power's application for higher rates by public intervener
Heather Black.
The EUB hearing was told it could be cheaper to build the Mactaquac dam refurbishment with federal loan support. (Robert Jones/CBC NEWS)
NB
Power has not fully finalized plans for dealing with deterioration in
the Mactaquac dam, the province's largest, except to say that it will
begin a major nine-year renovation in 2027. Costs of the project are
expected to run between $2.7 billion and $3.6 billion depending on which
of two reconstruction options being considered by the utility is
chosen.
The province currently guarantees all of NB Power's debt
and there has been no hint of it seeking federal help for Mactaquac, but
the issue has been raised a couple of times at the utility's rate
hearing anyway.
The federal government has provided loan
guarantees totalling $7.9 billion for the Muskrat Falls hydroelectric
development being constructed in Newfoundland and Labrador, including a
$2.9 billion top up in November 2016.
The Muskrat Falls spillway showing two of its five gates open. (Twitter/Nalcor)
The
guarantees have helped the project win significantly lower interest
rates than it could have gotten with provincial government backing alone
and that has led Desmond to ask if a similar arrangement might work for
Mactaquac.
NB Power interest
Three weeks ago she raised the idea with NB Power's chief financial officer Darren Murphy, who appeared to like the idea.
"If
NB Power was to be provided with a loan guarantee from the federal
government, would that in any way reduce the financial risk to NB Power
or to the Province of New Brunswick?" asked Desmond.
NB Power vice-president Darren Murphy seemed intrigued by the idea of a federal guaranteed loan. (Robert Jones/CBC NEWS)
"I guess it would have the potential to," answered Murphy.
"It
could impact the (interest) rates somewhat, and just looking at some of
the experience from others who have been successful in securing those
kinds of guarantees, it could...reduce some financial risk in terms of
how the markets may look at the level of debt that the utility or the
province may have at that time."
NB Power has $4.9 billion in
net debt guaranteed by the New Brunswick government, which has been
grappling with its own significant financial problems.
A nine-year renovation of the dam is expected to begin in 2027. ((CBC))
The
province's debt, not including NB Power, is expected to surpass $14.4
billion this year, which is up 105 per cent in the past 11 years.
In
February, following the Gallant government's latest budget that
projected an increase in deficit spending, the Dominion Bond Rating
Service downgraded the province's credit outlook to negative from stable
calling the province's debt "high for New Brunswick's current credit
rating."
It also warned a credit rating reduction for New Brunswick later this year is probable.
"Our
view is that we will not likely see a significant enough improvement to
alter the course and cause us to not downgrade the rating," said DBRS
spokesman Travis Shaw.
Sagging profits, hidden financial info loom over NB Power's rate hearing
The utility warns of another earnings shortfall for the fiscal year
Robert Jones · CBC ·
The EUB hearings will now attempt to dissect a series of poor fiscal results from NB Power. (CBC)
NB
Power's ongoing rate hearing resumes Wednesday and will switch gears as
the Energy and Utilities Board attempts to navigate fiscal mysteries
and poor results that have suddenly engulfed the proceeding.
In
addition to unprecedented secrecy surrounding the utility's basic
financial condition caused by a secret lawsuit settlement before the
board, the hearing will also be coping with fresh revelations NB Power
has missed profit targets by a wide margin for the third year in a row.
"It
is apparent that the financial results for 2017/18 will not be as
favourable as anticipated," the utility revealed last week in new and
heavily censored evidence filed with the EUB.
Most of the new
material relates to the effects of a lawsuit settlement NB Power reached
with insurance companies over cost overruns suffered during the
refurbishment of the Point Lepreau nuclear generating station.
Point Lepreau nuclear generating station. (CBC)
The
utility won permission to keep the settlement amount secret and that
has had a cascading effect of forcing other key financial information —
like NB Power's future profitability and debt levels — to be disguised
as well.
'We are too optimistic'
But not everything is
under wraps as the new evidence package also contains a brief note
warning of yet another earnings shortfall of a "material nature" in the
fiscal year just ended.
That will be unwelcome news among hearing
participants who were already grilling utility executives on why
millions of dollars in internal cost savings promised over the last
three years have not materialized as predicted
"It's been
indicated by some that maybe we are too optimistic," Diane Fraser, NB
Power's director of financial planning, told the hearing last month
about failures to find and eliminate inefficiencies the utility itself
acknowledges are a problem.
NB Power has been learning as we go.- Diane Fraser, NB Power's director of financial planning
Several
years ago, NB Power launched a plan of "continuous improvement" that
promised to uncover and eliminate millions of dollars in inefficient
internal costs.
It qualified a squadron of employees as so called
"Lean Six Sigma Black Belt" practitioners — a management system designed
to optimize efficiency — and dispatched them internally to find waste
where they could and devise ways to eliminate it.
Black belts fall short
Last
year, the utility acknowledged the black belts were coming up short
identifying and fixing the number of efficiency problems expected and it
reduced probable savings from the initiative over a nine-year period by
$211 million.
This year it reduced the figure even further.
"NB Power has been learning as we go," explained Fraser.
"We are still anticipating continuous improvement savings in the future. The timing was optimistic on NB Power's behalf."
EUB
Board vice chairman Francois Beaulieu, seated with board member Patrick
Ervin has said the hearing will continue and concentrate on issues not
directly connected to power rates. (Shane Fowler/CBC)
But
the failure to find and implement internal savings quickly has helped
cause some of NB Power's problem meeting profit targets, which according
to the new evidence has worsened.
Last year the EUB approved a
budget for NB Power for the fiscal year just finished that included
expected profits of $90.6 million.
During most of the current
hearing, the utility was estimating it would fall about $23 million
short of that target, but last week's new evidence showed the shortfall
will be more than $70 million.
The utility previously missed profit targets by $60.4 million the year before last and by $74.4 million the year before that.
Smart-meter plan will generate greater benefits than previously claimed in front of EUB, lawyer says
Robert Jones · CBC News ·
NB Power lawyer John Furey makes a final pitch for smart meters to the Energy and Utilities Board. (Philip Drost/CBC)
NB
Power lawyer John Furey made a final push to win approval of the
utility's smart meter plan in front of the Energy and Utilities Board on
Tuesday, calling the new technology necessary and arguing it will
generate far more benefits than company executives were disclosing
earlier in the hearing.
"Grid modernization is inevitable," Furey told the hearing during closing arguments on the smart meter issue.
"This
is coming. It will be necessary. The board is not faced with a decision
as to whether to do this or not over the long term. It's really faced
with a decision around [when]."
NB Power is in the middle of its annual rate hearing, which is being held in two parts.
On Tuesday, final
arguments began on two of the issues being considered, including
whether NB Power should be allowed to buy and install 350,000 smart
meters provincewide.
The meters are capable of
transmitting individual customer consumption data back to NB Power in
real time, which the utility says will allow for a number of innovations
in pricing and service and help it nudge customers to shift their peak
electrical demand enough to avoid building new generators.
2027 deadline
J.D.
Irving lawyer Christopher Stewart was unmoved by NB Power's argument
for smart meters and said he will be asking the Energy and Utilities
Board to deny the application. (Philip Drost/CBC)
Furey said NB Power will have to invest in new electrical supply by 2027 if it cannot reduce and reshape demand enough by then.
"The
risk of approving now, we would submit, is very small," he said. "The
risk associated with starting too late is much larger."
In
a lengthy address to the board, Furey directly challenged arguments
made last week by U.S. energy expert Tim Woolf that NB Power's case for
smart meters is weak and and relies on inflated benefits that will not
materialize.
Woolf, who was hired by the EUB to
evaluate the plan and other issues called it "a very uncertain and a
risky investment" and recommended it be rejected.
Furey asked for that analysis to be rejected instead.
"NB Power believes (Woolf) has fundamentally misconstrued the evidence," said Furey.
"The cost savings are real and they're reasonably forecast."
But
Furey went even further, saying the benefits of switching to smart
meters are even greater than the utility claimed during the
hearing since NB Power failed to document several advantages of adopting
the technology in its own evidence.
New benefit estimate
Stewart will address the board Wednesday as final arguments about smart meters wrap up. (Philip Drost/CBC)
Originally,
NB Power produced figures showing the acquisition of smart meters would
cost it $122.7 million but generate benefits of only $121.4 million, an
overall loss on the investment..
Tuesday, Furey revised those numbers significantly, recasting the project as a clear financial winner.
"There is this additional evidence NB Power has not identified all available benefits," he said.
"NB Power believes that the present value of potential benefits can now be stated to be $154 million."
Furey also took time to reject concerns that smart meters emit an unsafe level of radio frequency emissions.
"It
would take years, years, years of exposure to an rf meter to equate to
the rf exposure that a person would get from a 10-minute phone call on a
cellphone," he said.
Closing arguments on the smart meter plan as well as NB Power's energy-efficiency proposals continue Wednesday morning.
Up
first is J.D. Irving Ltd. lawyer Christopher Stewart, who already
signalled he was unmoved by Furey's presentation and will be opposing
the smart meter purchase.
"We submit that the application for the
AMI [smart meter] program be denied," said Stewart shortly before the
hearing was adjourned for the day.
"There is not sufficient evidence in the record to allow us, and more importantly you, to draw any other conclusion."
'It will take the time that it takes': NB Power rate hearing way behind schedule
Deep dives into smart meters, efficiency programs prolong what was a 12-day proceeding
Robert Jones · CBC News ·
NB Power's annual rate hearing is taking longer than the expected 12 days. (CBC)
NB Power's 12-day rate hearing in front of
the Energy and Utilities Board was scheduled to wrap up later this week,
but it has fallen so far behind schedule it may be forced carry on
until springtime, or beyond.
"The board would like to have the
parties provide their availability and their limitations for the month
of March and April," said EUB vice-chairman Francois Beaulieu as the
hearing entered day nine Tuesday morning with no hope at all of
finishing Friday as originally planned.
"We're looking for eight (more) days," he said.
The
hearing's primary purpose is to consider NB Power's annual request for a
two per cent rate increase but has not yet touched on that topic.
Instead, it's slogging through a lengthy consideration of the utility's
plan to buy and install 350,000 smart meters and its handling of energy
efficiency programs.
EUB vice-Chairman Francois Beaulieu, centre, is allowing everyone to have their say at NB Power's slow moving rate hearing. (Robert Jones/CBC NEWS)
Those
two matters were supposed to have been put to rest by the end of last
week but continue to be probed in detail by multiple parties registered
to participate at the hearings.
'It will take the time that it takes'
The
EUB has long tolerated — even encouraged — non-expert participation in
its hearings by individual concerned citizens, and although that can
slow proceedings considerably, Beaulieu has made it clear everyone who
registered to participate will be heard in full.
"It will take the
time that it takes," said Beaulieu on day three of the hearing when NB
Power lawyer John Furey first raised concerns matters were falling
behind schedule.
Several self-represented participants have been
taking turns questioning NB Power's plans on an equal footing with
lawyers hired by companies, like J.D. Irving Ltd. and Enbridge Gas New
Brunswick, and municipal utilities like Saint John Energy.
Gently guided on proper procedure by Beaulieu, non-professional participants have had free rein to have a say.
Anti-smart
meter activist and St. Louis de Kent dentist Roger Richard, left, and
environmentalist Daniel LeBlanc spent hours questioning NB Power
witnesses. (Robert Jones/CBC NEWS)
Those
participants include environmentalist Chris Rouse, anti-smart meter
activist and St. Louis de Kent dentist Roger Richard and political
hopeful Gerald Bourque, the leader of the fledgling KISS N.B. Political
Party.
They've been able to submit evidence, call witnesses and cross-examine NB Power executives and others and make motions.
On
day five, Beaulieu told environmentalist Daniel LeBlanc, who is working
with Richard, to take as long as he needed to get full answers to
questions from NB Power witnesses.
"If you feel that your
questions are not answered — you have the floor, so it's your right to
ask your question again if you feel the panel members are not responding
to your questions," he said.
"Thank you," said LeBlanc, who went on to ask questions for three and a half hours.
Chris Rouse uses vacation days from his regular job to participate in NB Power rate hearings. (Robert Jones/CBC NEWS)
On
Friday, Rouse, who uses vacation days from his regular job to attend NB
Power hearings, unsuccessfully attempted to have himself declared an
expert witness at the hearing so he could give his own opinion on
evidence he had previously filed.
Beaulieu gave the issue a full hour before denying the request, even with the hearing days behind schedule.
Rouse was appreciative of his treatment.
"I am happy with everything. Thank you very much," he said to Beaulieu at the end of the afternoon session
The
current hearing is nowhere near the 58-day marathon held to establish
NB Power's rates back in 2006, but its slow pace is creating problems.
NB
Power had been hoping to win approval for a rate increase before the
start of its fiscal year on April 1, but with the hearing dragging, it
may have to apply for an interim increase to meet that deadline,
especially if eight more sitting days cannot be arranged quickly.
The EUB is expected to announce further hearing dates Wednesday morning.
36 Comments
Brad Little
I think that it's quite clear
by now that the only people in NB who want smart meters is NBPower
executives. I think they're just getting tired of having ask to get
rate increases approved, and smart meters will allow them more
"flexibility" at billing time each month. I think if a person looked at
their bonus structure, you'd likely see why they want smart meters so
badly.
David Amos
@Brad Little Perhaps you
should read the filings for the Public Session heard on Feb 7th. In a
nutshell even the Unions, the Green Party and UNB etc want Smart Meters.
Rosco holt
@David Amos
Which Unions?
David Amos
@Rosco holt The Electrical Workers Union boss spoke before me on Feb 7th Once I was done I walked out in disgust
David Amos
@Rosco holt Trust that Ross
Galbraith knows that in 2015 I sued the Queen while running in the
election of the 42nd Parliament and that I appealed a decision I kinda
sorta won because the Judge who decided in my favour had a conflict of
interest with me.
When I watched Galbraith work the crowd of lawyers before the Public
Session then make a fancy presentation in support of Smart Meters I was
not surprised at all. However I could not wait to get out of the room
with such peple after I spoke my mind to the snobs. Small would that the
transcript of the Public Session is no available yet. Trust that the
NBEUB and many politicians do not want folks to read it before the
election this year
NB Power defends smart meters against claims of public health risk
Environmentalist raised concerns of radiofrequency emissions during EUB hearings
Robert Jones · CBC News ·
Roger Richard, left, and Daniel LeBlanc are challenging NB Power's plan to install smart meters across the province. (Robert Jones/CBC NEWS)
NB
Power mounted an aggressive defence of the safety of smart meters
Tuesday during an all-day examination of the issue in front of the
Energy and Utilities Board.
The utility argued the meters emit a
fraction of the radiofrequency (RF) emissions of regular household items
and pose no risk to public health.
"A
cellphone you hold close to your head gives you 12,000 times more
emissions than a smart meter would when you stand two metres away," said
Jacqueline Duda Lemmerhirt, an NB Power consultant from Maine, during
questioning by Daniel LeBlanc.
LeBlanc, a well-known New
Brunswick environmentalist and former Petitcodiac River Keeper has been
assisting St. Louis de Kent dentist Roger Richard challenge NB Power's
plan to introduce smart meters based on health concerns around
radiofrequencies emitted by the devices.
Jacqueline Duda Lemmerhirt, an NB Power consultant from Maine, said smart meters pose no risk to public health. (Robert Jones/CBC NEWS)
'Electromagnetic sensitivity'
Lemmerhirt
and other NB Power witnesses explained that smart meters installed on
homes in a neighbourhood communicate to each other by radio
transmission and will hop, skip and jump power consumption data from one
to another back to central "collectors" mounted periodically on power
poles. The collectors then send the data back to NB Power.
LeBlanc
questioned whether sending RF "signals in all directions" in a
neighbourhood might cause harm to those with "electromagnetic
sensitivity."
"Many researchers internationally have come to the
conclusion that low-intensity radiofrequencies are a health concern and a
risk to developing cancer over the short or long term," said LeBlanc.
"Was this research considered?"
Daniel LeBlanc, a well-known New Brunswick environmentalist, is claiming smart meters pose a risk to public health. (Robert Jones/CBC NEWS)
NB
Power is in front of the New Brunswick Energy and Utilities Board in
Saint John for a 12-day hearing in part seeking permission to spend
$122.7 million to install 350,000 smart meters provincewide.
The
meters are capable of transmitting consumption data of customers back
to NB Power almost in real time, which the utility said will allow for a
number of innovations in pricing and service.
Health Canada's opinion
James
Douglas, an Ontario-based consultant working for NB Power, said he is
familiar with health arguments against smart meters but said they are
not given significant weight by Health Canada and have been rejected by
other regulatory bodies in provinces like British Columbia, which have
approved installation of the meters.
"Health Canada (tests)
radiofrequencies to their highest level of extremes and then provides a
50-fold factor on top of that," said Douglas. "So from the standpoint of
the level that risk is, we are complying to the Health Canada approach
and the technology we're procuring is well below those factors."
James
Douglas, an Ontario-based consultant working for NB Power, said Health
Canada does not give any significant weight to health arguments against
smart meters. (Robert Jones/CBC NEWS)
Douglas
led the hearing through evidence accepted in a similar hearing in
British Columbia that showed using a cordless phone or a microwave oven
would deliver between 600 and 1,200 times more exposure to RF emissions
than standing in front of a bank of 45 smart meters.
Having a single meter on the outside of a home or a neighbour's home is a danger to no one, Douglas maintained.
"The
meters are low powered with short bursts and measurements show they are
on for less than three minutes in every 24-hour period," he said.
Exposure limits allegedly influenced by industry
LeBlanc
and Richard brought McGill University physicist Paul Heroux to the
hearing to counter NB Power's arguments that the meters are safe.
Heroux
said limits of RF exposure allowed by Health Canada are far too high
and largely copy American standards, which have been influenced by years
of pressure by the telecommunications industry.
McGill University physicist Paul Heroux said the risk smart meters pose is greater than what Health Canada has stated. (Robert Jones/CBC NEWS)
"I
was part for many years of committees that (developed) these standards
so I know the people who did this. I know how it was done so I can tell
you where these diverging opinions come from," said Heroux.
"I can
also tell you where the Russian standard comes from — why they have a
standard 100 times lower than it is here. I can also tell you why in
some parts of Austria they have a standard that's 10,000 times lower."
LeBlanc
tried but failed to have Heroux declared an expert witness for the
hearing but EUB vice-chairman Francois Beaulieu said he could testify as
a non-expert beginning Wednesday morning.
Opting out smart meter program could cost NB Power customers
Power customers in British Columbia, Quebec have faced fees for refusing the installation of smart meters
Robert Jones · CBC News ·
NB Power Senior VP Operations Lori Clark speaks during the EUB hearings Friday in Saint John. (Robert Jones/CBC NEWS)
NB
Power customers who do not want a smart meter installed on their home
could be facing a stiff fee for that decision, but so far the utility is
not saying how much it might be.
"It will be based on the
principles of cost causation, but we have not gotten into the detail of
what that fee would be at this point," said NB Power Senior Vice
President of Operations Lori Clark at Energy and Utilities Board
hearings on Friday.
In
other jurisdictions that have already adopted smart meters, customers
not wanting to participate have faced hundreds of dollars in extra
charges.
Thousands of pages of evidence on a number of issues, including smart meters, have been submitted for the 12-day hearing.
In
British Columbia, power customers are charged a meter reading fee of
$32.40 per month if they refuse a smart meter, or $20 per month if they
accept a smart meter but insist its radio transmitter be turned off.
That's a cost of between $240 and $388.80 per year for customers to opt
out.
In Quebec, smart meters were installed beginning in 2012.
Customers who refused the devices were initially charged $98 to opt out
plus a meter reading fee of $17 per month. That was eventually cut by
Quebec's energy board in 2014 to a $15 refusal fee and a $5 per month
meter reading surcharge.
NB Power said it may be a year or more before it settles on its own fee.
"The
opt out policy will be developed and implemented as part of the roll
out. It will be one of the last things we do," said Clark.
Customers need to be on board
NB
Power is in front of the New Brunswick Energy and Utilities Board
seeking permission to spend $122.7 million to install 350,000 smart
meters province wide.
Smart
meter opponent Roger Richard, right, leads a group worried about human
health problems caused by long term exposure to the devices. (Robert Jones/CBC NEWS)
The
meters are capable of transmitting consumption data of customers back
to NB Power in real time, which the utility said will allow for a number
of innovations in pricing and service.
The meters require near
universal adoption by customers to maximize their financial benefit —
like eliminating more than $20 million a year NB Power currently spends
to read meters manually. The utility has said the switch will not
succeed if too many customers opt out.
"We certainly wouldn't be looking at making an investment of this size without having the customer with us," said Clark.
On
Thursday, Kent County resident Daniel LeBlanc, who along with Roger
Richard, is opposing the introduction of smart meters for health
reasons, predicted a cool reception for the technology in many parts of
the province.
"If one were to ask most of
the people in the rural areas, I'm not sure you would get a lot of
takers for this infrastructure," said LeBlanc, who is concerned with the
long-term effect microwave frequencies used by the meters to transmit
data may have on human health.
That issue is before the EUB next week.
Haven't tested the waters
NB
Power acknowledged it has not measured public opinion on adopting smart
meters but is confident it can convince customers it is a good idea for
them and the utility.
"People don't understand what the smart
meter is," said Clark. "We need to educate our customers first to allow
them to make an informed decision so that will be part of the roll out
plan."
Clark noted that smart meters, helped by stiff opting out
penalties, were eventually accepted by 98 per cent of customers in
British Columbia and by 97.4 per cent of customers in Quebec.
"We will check and adjust along the way if there are issues with customer uptake," said Clark.
"This is very similar to what has been done in other jurisdictions and they haven't had those challenges."
NB Power's smart meter plan labelled a 'money loser' during EUB grilling
The utility estimated the total savings would fall short of the $122.7M price tag
Robert Jones · CBC News ·
NB Power executives faced tough questions on its smart meters project Wednesday in Saint John. (Robert Jones/CBC NEWS)
A
trio of NB Power executives were under pressure Wednesday to justify
why the utility wants to invest more than $100 million to install smart
meters with customers when its own accounting shows savings from the
change will be less than the cost to implement it.
"Those
projected costs are $122.7 million and the projected benefits are $121.4
million. Is that correct?" asked Christopher Stewart, a lawyer for J.D.
Irving Ltd. during the opening day of NB Power's annual rate hearing.
"Yes.
That's the life cycle costs of the project and the life cycle benefits
of the project," responded NB Power senior vice president of operations
Lori Clark.
"That's negative $1.3 million," observed Stewart. "It's a money loser."
Clark,
along with two other NB Power senior vice presidents, Keith Cronkhite
and Darren Murphy, fielded initial questions about the utility's smart
meter plans in front of the Energy and Utilities Board as part of a
12-day review of a number of issues.
Lori Clark, NB Power's vice president of operations, fielded questions about the cost and benefits of the smart meters plan. (Robert Jones/CBC NEWS)
The
board has the power to approve or reject NB Power projects that cost
more than $50 million, including the smart meter project.
Greater benefits expected
The
three vice presidents argued that smart meters are needed as a
foundation for NB Power to implement a number of other modernization
plans and suggested total financial benefits will likely be greater than
the analysis it prepared for the hearing seemed to show.
The
meters will connect directly to the utility's computers and track
consumption in real time. That will open up opportunities to establish
high and low rates during the day to try and steer electricity
consumption to off-peak hours.
The meters also allow for
homeowners to install their own generation, like solar panels, or invest
in large battery storage units to load up on low-cost nighttime power
and sell what they don't need back to the utility.
Smart meters became the focus on the first day of the annual rate hearing. (Ryan Pilon/CBC)
NB
Power said the meters, and an aggressive new package of consumer energy
conservation initiatives, will help it soften expensive wintertime
consumption peaks on its system and is the key to lowering costs and
avoiding the construction of new power plants — advantages it did not
fully detail in its proposal.
"We did not take into account all of
the potential upside benefits. We were very conservative in the
calculation of our benefits," said Clark. "There are a number of
projects that are enabled by our Advanced Metering Infrastructure that
haven't been identified in the business case."
Stewart responded: "You say you've taken a conservative approach but its the approach you've chosen to bring forward."
Christopher Stewart, a lawyer for J.D. Irving Ltd., described the smart meter plan as a "money loser." (Robert Jones/CBC NEWS)
Recent complaints
Clark
said the multiple recent complaints the utility has received from
people surprised by the size of their January power bills show the value
of smart meter.
But she assured Gerald Bourque, leader of New Brunswick's fledgling KISS N.B. Political Party and a hearing participant, that no one who objects to the device will be made to take one.
"When
we are dealing with high bill complaints like we have been this last
month, customers would actually be able to see their usage throughout
the month and not be subject to receiving a final bill at the end of the
month and being surprised by their consumption," she said.
"We will have an opt out policy."
Whether
the meters pay for themselves or not, it is important the board not
judge the proposal to buy them on that issue alone, Murphy said.
"It's more than just economics," he said. "It's about preparing for that future and modernizing the infrastructure."
NB Power's smart meter program among plans under microscope at EUB hearing
A proposal to enact new surcharges to help pay for unexpected events will also be scrutinized
Robert Jones · CBC News ·
NB Power will participate in an extended EUB hearing Wednesday in Saint John. (Shane Fowler/CBC)
NB Power makes its annual appearance in
front of the Energy and Utilities Board on Wednesday morning to seek
permission to raise electricity rates in April, but other large issues
promise to dominate what is expected to be an extended 12-day hearing.
A
pricey plan to install smart meters provincewide and a proposal to
enact new surcharges to help NB Power pay for unexpected events, like
storm damage, are likely to be more contentious and time consuming than
the utility's request for an average two per cent increase in rates.
"This
hearing has resulted in one of the largest volumes of evidence filed
before this Board on an NB Power matter," NB Power notes in an opening
statement it pre-filed with the utilities board.
"Evidence has moved well beyond the merits of (our) revenue requirement."
NB Power's planned smart meter deployment will be scrutinized at the EUB hearing. (CBC)
Thousands
of pages of evidence have been filed on issues connected to the hearing
since October and some of that has come from experts pushing back
against NB Power's various plans.
Smart meters
More than
the rate increase, NB Power`s top priority has become winning approval
for a $122.7-million plan to deploy Advanced Metering Infrastructure
(AMI), including smart meters, around New Brunswick over the next three
years.
The meters, one for each of NB Power`s 350,000 customers,
are designed to connect directly to the utility`s computers and will
open up opportunities to establish high and low rates during the day to
try and steer electricity consumption away from peak hours.
The
meters also allow for homeowners to install their own generation, like
solar panels, or invest in large battery storage units to load up on
low-cost nighttime power and sell what they don't need back to the
utility.
NB Power plans to spend $122.7 million to deploy Advanced Metering Infrastructure (AMI). (Ryan Pilon/CBC)
NB
Power said the meters, and an aggressive new package of consumer energy
conservation initiatives, will help flatten out expensive wintertime
consumption peaks on its system and is the key to lowering costs and
avoiding the construction of new power plants.
"NB Power believes
AMI and energy smart investments are essential for its customers and
should be approved by the board," it said in its opening statement.
"Delay
in making these investments, particularly in AMI delays progress in
reaching all of the targets for reduction of energy and peak demand."
'It will be fully debated'
But
at least two outside experts hired to evaluate NB Power's smart meter
plan — and who will testify during the hearing — question the economics
of the proposal.
With
increased likelihood that NB Power will be able to recover all costs
associated with extraordinary events, there is less pressure on the
Company to control those costs.- US energy consultant Synapse Energy
That
means there will be an intense examination of the smart meter issue in
front of the board, according to Public Intervener Heather Black.
"It
will be fully debated," said Black. "When there's such a big project at
hand, questions come up. Has it been properly planned for are the costs
and benefits properly and accurately estimated?"
Also drawing
criticism is a proposal to allow NB Power to levy special surcharges
when it is hit with unexpected expenses like storm damage — a so-called
rate adjustment mechanism.
NB Power has missed profit targets by
wide margins in five of the last six years in part because of an
unprecedented series of weather events.
The utility estimates it
paid $63.8 million to restore power and clean up after ice storms in
December 2013, post-tropical storm Arthur in July 2014 and more ice
storms in January 2017.
NB Power worker picturing cleaning up after post-tropical storm Arthur. (CBC)
It
is seeking approval for a mechanism to isolate and charge customers
extra for costs caused by "an extraordinary event or circumstance beyond
the control of the company". But opposing experts who worry that could
develop into a blank cheque for the utility are lined up against that
idea as well.
"With increased likelihood that NB Power will be
able to recover all costs associated with extraordinary events, there is
less pressure on the Company to control those costs," wrote US energy
consultant Synapse Energy who was hired by the utilities board to
evaluate NB Power's application.
"It will be a focus of the
hearing certainly," Black said of the rate adjustment mechanism idea.
"I think we'll have a healthy discussion about that."
The hearing begins Wednesday morning in Saint John.
96 Comments
Dwight Mullover
This province will never
prosper until the cost to live here improves. I spent my entire years
worth of heat when I live in Niagara in just two months here because
there is no cheap source of heat. That's roughly $600 that has been
lost to the economy just for heat, and we are just one home. Food
costs, taxes, MVI, registration etc are all draining people
discretionary income here.
I have done everything I can do to my home to make it energy efficient,
and my cost for heat continues to increase; $611 for December; last year
$500.33, and $524 for January; last year $477.56. Why does NB Power
need to increase rate every single year; too many over paid employees is
my guess.
My yearly heat cost for natural gas in Ontario was between $450 - $900 a year. in the 10 years I lived there.
David Amos
@Dwight Mullover I blame
their KPMG auditors whose work allow NB Power to claim it needs money to
meet the 20 percent equity mandate demanded by the Conservatives in
their Electricity Act of 2013 which the liberals support for some
strange reason I will never understand.
NB Power's smart meters plan not so smart, 2 expert reviews find
$122M-plan is poorly thought out, should be rejected by EUB, separately commissioned reports conclude
Robert Jones · CBC News ·
NB Power plans to spend $122.7 million over three years to deploy smart meters for all its residential and commercial customers. (Ryan Pilon/CBC)
NB
Power's plan to spend $122.7 million over three years to deploy smart
meters for all its residential and commercial customers is poorly
thought out and should be rejected by the Energy and Utilities Board at
hearings next month, according to separate experts hired to review the
strategy.
"As currently proposed, the AMI [advanced
metering infrastructure] project could commit NB Power and its customers
to a heavy cost burden without fully defining and quantifying the
future benefits to be gained," wrote Edmund Finamore, a smart meter
consultant from Pennsylvania commissioned by public intervener Heather
Black to scrutinize the plan.
"It is not clear that NB
Power has implemented sufficient project management controls methods to
execute a firm plan, achieve firm project milestones and control project
costs."
A
second review of the proposal by a Boston-area energy consultant hired
separately by the Energy and Utilities Board also found significant
flaws.
"NB Power has significantly understated the costs
and overstated the benefits of its AMI proposal," says the analysis by a
group of five authors working for Synapse Energy Economics out of
Cambridge, Mass.
"We recommend that the board reject the company's AMI proposal."
'Essential' to cleaner, more reliable grid
NB
Power has been working toward upgrading its distribution system to a
"smart grid" over the past six years and the wholesale installation of
smart meters and other AMI to serve every customer has long been a
centrepiece of the utility's plan.
Unlike current units
that have to be physically visited to be read, smart meters will connect
directly to NB Power computers, allowing individual customers to have
electricity consumption tracked several times an hour instead of once a
month.
The utility says this will allow it to charge a variety of
rates for electricity — more when consumption is higher, such as in the
mornings, on weekends and during winter — and less when consumption is
lower.
That in turn will encourage consumers to shift demand to underutilized parts of the day, it says.
"We
are going from reading a customer's meter once a month, so 12 times a
year, up to 12 times an hour," former NB Power executive Neil
Larlee said during testimony in front of the EUB last February.
The
meters will also allow customers to sell electricity back to NB Power
if they install solar or other power generating capability on their
property and will give the utility instant information on outages,
including the individual homes affected.
"This communication
network along with the AMI meters is essential to a building smarter,
cleaner, more reliable and efficient power grid and will lay the
foundation for many of the long-term customer benefits that NB Power
will deliver through its Energy Smart NB plan," said the utility in its
application to the EUB to acquire the units.
Cost outweighs savings
But
even NB Power acknowledges the cost of buying, installing and operating
355,000 new smart meters to blanket the province in a three-year
rollout is high without enough savings to completely pay for it.
The
utility has detailed 15 ways the new meters will cut expenses but the
combined benefits total just $121.4 million That's $1.3 million less
than the program is budgeted to cost.
Spending so much money on an initiative that is not essential and not cost effective is unwise.- Synapse report
Both
Finnamore and Synapse Energy disputed the value of several of the
claimed savings as inflated and Synapse further argued since NB Power's
own numbers show the investment in smart meters will cost money in the
long run the case is too weak to proceed.
"The company's
own analysis suggests that the proposal is not cost effective and that
analysis suffers from some fundamental flaws," concluded the Synapse
report.
"Spending so much money on an initiative that is not essential and not cost effective is unwise."
Proposal needs refining
Both
consultants suggested if properly handled, the introduction of smart
meters could benefit both NB Power and its customers, but each
separately concluded the utility's plan lacks detail and a convincing
rationale.
Both called for the application to be denied so the utility can offer a more refined proposal.
NB Power is facing a 12-day hearing in front of the Energy and Utilities Board beginning Feb. 8.
In
addition to seeking permission to invest in smart meters, it is also
attempting to win approval for an average two per cent rate increase it
has proposed for April 1 and is asking for the flexibility to employ
special rate increases when large unexpected weather or market events
cause its costs to jump unexpectedly.
94 Comments
Shawn McShane
Will NB Power follow the
advice or will they pull a Victor Boudreau who went against advice and
removed NBers security over Atcon costing taxpayers $70 million???
David Amos
@Shawn McShane Remember when
Bernie Lord decided to refurbish Lepreau against the advice of the PUB?
Well he fired them and created the EUB just before he lost the election
in 2006. Since then the Liberals and the Conservatives have been using
the EUB against us.
EUB punts rate hearing as NB Power studies $122M smart meter plan
EUB agrees to suspend hearing so it can deal first with NB Power's proposed $122M purchase of smart meters
Robert Jones ·
NB Power wants to purchase and install smart meters before it has a rate design hearing. (Ryan Pilon/CBC)
An effort to redesign the way NB Power
charges customers for electricity — generally viewed as bad news for
those who heat with electricity — has been suspended by the New
Brunswick Energy and Utilities Board for one year.
The EUB has
agreed to consider an upcoming NB Power application to spend $122
million on new "smart meters" for homes and businesses first.
"The
Board finds that the AMI (Advanced Metering Infrastructure) application
should precede the rate design hearing and therefore it is in the
public interest to grant an adjournment," ruled EUB chairman Raymond
Gorman in a brief hearing last week.
Energy and Utilities Board chair Raymond Gorman says the board has delayed the rate design hearing for one year. (Pat Richard/CBC)
NB
Power has been under pressure from the EUB to better match prices it
charges for electricity to the cost of producing and distributing power.
That could see consumers paying substantially different prices for
power between summer and winter — even between day and night.
But
the utility has argued there is little room to make substantial changes
like that until its entire inventory of power meters is upgraded.
"It
is NB Power's submission that the rate design proceeding is … premature
because it does contemplate discussion of rate design options that
might not be available depending on … (smart meter) deployment," NB
Power's senior legal counsel John Furey said during arguments for the
suspension.
Tracking more frequent
Unlike current units
that have to be physically visited to be read, smart meters will connect
directly to NB Power computers, allowing individual customers to have
electricity consumption tracked several times an hour instead of once a
month.
The utility says this will allow it to charge a variety of
rates for electricity — more when consumption is higher, such as in the
mornings, on weekends and during winter — and less when consumption is
lower.
"We are going from reading a customer's meter once a month,
so 12 times a year, up to 12 times an hour," former NB Power
executive Neil Larlee said during testimony in front of the EUB last
February.
Smart meters for $122M
But the new meters are
expensive, an estimated $92 million to acquire one for each customer and
another $30 million to have them installed and made operational.
It's
an expense that largely requires EUB approval, something the regulator
is expected to hear evidence on this winter and rule on by next spring.
NB Power said without that decision being made first, redesigning rates
made little sense.
John
Furey, NB Power's senior legal counsel, argued for the delay in the
rate design hearing until the utility installs smart meters, which
record power usage more frequently. (LinkedIn)
"I
don't see how we can have a meaningful process … because we don't know
what rate design options are available or might be precluded in the
event the (smart meter) decision is not to deploy or to deploy," said
Furey.
Because those who heat with electricity consume large
amounts of power during high-demand cold snaps, the rate design process
is generally expected to result in higher costs for that group.
However,
NB Power has argued smart meters will allow for enough discount periods
that electric heat customers who move activities such as laundry,
dishwashing and showers into the evening will be able to offset some or
all of the increases they experience.
NB Power is expected to
formally apply to buy and install smart meters provincewide within the
next two weeks as part of its next general rate increase application.
Inserting himself into EUB matters, Gallant says he opposes 'weather tax'
Premier tells utility president he's 'strongly opposed' to idea and might overrule it if approved by regulator
Robert Jones · CBC News ·
Premier
Brian Gallant said he wrote to NB Power president Gaëtan Thomas
directly so as not to 'interfere' in the ongoing hearing process. (Canadian Press)
A month after his energy minister ridiculed the idea of
government involving itself in NB Power's proposal to bill customers
directly for major storm damage, New Brunswick Premier Brian Gallant has
done just that.
In a letter to NB Power president Gaëtan Thomas
dated March 21, Gallant said he is against the plan, which the utility
has been trying to sell to the Energy and Utilities Board.
"I am
strongly opposed to the idea of a 'weather tax' and would consider
overruling the adjustment mechanism via legislation should it be
supported by the EUB," Gallant wrote in a seven-line note that was
leaked to CBC News.
NB
Power first raised the idea of a storm damage surcharge last
October. It gained some profile last month in the legislature when
Progressive Conservative MLA Jake Stewart ridiculed it as a "weather
tax," but it appeared to cause no concern to government at the time.
Energy
Minister Rick Doucet told Stewart that NB Power runs its own affairs
under the independent guidance of the Energy and Utilities Board, which
would ultimately decide the issue.
"The EUB is the oversight for NB Power," Doucet said.
"Is
he [Stewart] saying now that maybe we should meddle in the affairs of
the utility again? I think this is something that they were pros at
before, but the Electricity Act clearly states that the operations of NB
Power are by the utility.
The
public should be concerned that when governments start doing this
sometimes yes, in the short-term it's good for you, but in the long-term
it's almost always bad for you.- Brady Yauch, Canadian Policy Institute
"I
hear from members on that side that maybe we should walk down the
street and run the affairs of NB Power. I am thinking that maybe that is
what they want to do.
"I do not think that many of them over on that side of the House have read the Electricity Act."
But
the issue gained more prominence this week as it began to be debated in
detail at the board's hearing, generating sharp public response that
eventually triggered the premier's letter.
"Many voices
oppose the so-called 'weather tax,' wrote the premier, who said he was
writing directly to Thomas so not to "interfere in the hearing process
while it is ongoing."
Challenge to regulator's independence
Brady
Yauch is executive director of the Consumer Policy Institute in Toronto
and an advocate for the independent regulation of provincial power
utilities.
He said the premier's letter to NB Power on a matter
being heard by the Energy and Utilities Board is a challenge to the
regulator's independence and should be resisted by it.
Brady
Yauch, executive director of the Consumer Policy Institute, is urging
the EUB to accept or reject the idea of a storm surcharge solely on its
merits. (Consumer Policy Institute)
"The
public should be concerned that when governments start doing this
sometimes yes, in the short-term it's good for you, but in the long term
it's almost always bad for you," said Yauch.
"Many regulators across Canada have been sideswiped by politicians and you have to try and fight that as much as you can."
Yauch
recommended the EUB continue to hear evidence on the storm surcharge
issue and accept or reject the idea solely on its merits. Otherwise, he
said, the independence of the regulatory body will be compromised.
"Then
the government's just running the power sector and you get into all
sorts of political favours and everything else involved in that," he
said.
"Having a regulator that is able to fight and able to stand
up to the government is a very, very, very good thing for consumers in
the long run."
Gallant spokeswoman Tina Robichaud said the premier would not be speaking further about the letter.
"The premier's office has no comment," she wrote in an email to CBC News on Thursday.
Brady Yauch, Executive Director and Economist
Brady Yauch is an economist at the Consumer Policy Institute (CPI),
an independent think-tank dedicated to achieving lower costs and greater
efficiencies for Canadian consumers, particularly in sectors run by
government monopolies or those receiving large subsidies. He has
appeared before federal parliamentary committees, as well as regulatory
boards, such as the Ontario Energy Board. He has published extensively
in trade magazines and newspapers, including the Toronto Star, Vancouver
Sun and Winnipeg Free Press, among others. He has also appeared in both
radio and television news channels to discuss energy issues. He holds a
Masters in Economics from York University and a Masters in Writing and
Cultural Politics from the University of Edinburgh. Prior to coming to
CPI, Brady worked at the financial TV station Business News Network
(BNN) and previously as a researcher and consultant at Probe
International and Energy Probe where he wrote on a wide range of
subjects, with a focus on foreign aid policies and the carbon credit
markets.
He also writes and performs research for Energy Probe and Probe International. You can read his work for Probe International here.
You can reach Brady by email at: bradyyauch (at) consumerpolicyinstitute.org or by phone at (416) 964-9223 ext. 236
Premier's memory of scary financial precipice disputed by those in know
Former federal finance minister thinks someone would have told him if New Brunswick was on verge of disaster
Robert Jones · CBC ·
Premier
Brian Gallant sent a letter to Saint John Mayor Don Darling suggesting
the province was so close to defaulting on its financial obligations in
2014 that Ottawa prepared contingency plans for how to deal with a
bankruptcy. (Rachel Cave/CBC)
A startling new claim by Premier Brian
Gallant that New Brunswick was close enough to defaulting on its
financial obligations in 2014 that Ottawa prepared contingency plans for
how to deal with a bankruptcy is being questioned by key players
involved at the time.
"I was never presented with a formal
contingency plan nor did I ask for one," former federal finance minister
Joe Oliver said Tuesday from New York when asked if his department was
preparing for the possibility of New Brunswick's insolvency during his
term.
"I'm not aware of any specific contingency plan prepared by the department."
Oliver
was the federal minister of finance for 20 months in 2014 and 2015,
including the first 13 months of Brian Gallant's government.
Saved from disaster
Last week, Gallant sent a letter to Saint John Mayor Don Darling expressing sympathy with the city's budget problems
and suggested he too had faced serious difficulties but managed to
steer the province away from the edge of financial disaster.
Darling released the letter to reporters Monday evening.
"We
faced a similar situation provincially when our government took office
just over three years ago," Gallant wrote, comparing Darling's budget
problems to his own.
"The federal department of finance was
considering contingency plans in the event that New Brunswick could no
longer pay its bills."
Former federal finance minister Joe Oliver says he was never presented with a formal contingency plan to help the province.
Oliver said that alarming scenario is news to him.
He
conceded the Finance Department is always studying the implications of a
wide range of possible future events and he cannot say for sure any
province's possible insolvency has not been looked at.
But he also believes he would have known if New Brunswick's problems had been urgent.
"It's the responsible thing to do," Oliver said of studying various disaster scenarios.
"I'm
not precluding the possibility that the department had looked into that
but clearly it wasn't of a level of risk that they felt they had to
elevate it to my office."
No discussions
Opposition
Leader Blaine Higgs, who was the provincial finance minister immediately
prior to Gallant taking office, also disputed Gallant's story of New
Brunswick being in danger of not paying its bills and Ottawa developing a
plan to deal with that.
"We had no discussions of that at all [with Ottawa] because that was not the case," Higgs said.
Opposition
Leader Blaine Higgs, who was the finance minister before Gallant became
premier, says there were no discussions with Ottawa around New
Brunswick not paying its bills and Ottawa developing a plan to deal with
that. (Jacques Poitras/CBC)
The provincial
Department of Finance and the Premier's Office did not immediately
respond to requests for more details on how close the province was to
default and what kind of communications took place between the province
and Ottawa about that possibility.
Concern about New Brunswick's
deteriorating financial condition has been expressed multiple times by
various critics, academics and financial experts over the last several
years.
The province's debt has more than doubled since 2007, growing by $7.4 billion during the last three provincial governments.
The
rate of growth has slowed considerably since Gallant took office late
in 2014, but New Brunswick's debt has still expanded by more than $1
billion over the last three years.
Debt still a worry
In
November, Auditor General Kim MacPherson expressed concern the debt is
still growing and suggested worries about the province's solvency have
not been addressed or resolved
"The long-term net debt growth is not sustainable, and continued action is required to address this problem," wrote MacPherson.
"It
may eventually impact the Province's ability to meet its existing
financial obligations, both in respect of its service commitments to the
public and financial commitments to creditors, employees and others."
NB Power seeks to settle lawsuits over Point Lepreau refurbishment cost overruns
Efforts to be compensated drag on 64 months, even longer than the nuclear plant rebuild
Robert Jones · CBC News ·
NB
Power's claim against the insurers over the delays and cost overruns
during the Point Lepreau nuclear generating plant refurbishment is for
$320.1 million. (CBC News)
NB Power has agreed to negotiate with its insurers this fall to
try and settle multi-million dollar claims for delays and cost overruns
during the Point Lepreau refurbishment, even as the utility copes with
ongoing performance problems at the rebuilt nuclear plant.
"The
parties in the present action have agreed to participate in a mediation
in November 2017," wrote NB Power's lead lawyer Kenneth McCullogh in a
letter to Court of Queen's Bench clerk Amanda Evans about the dispute
late last month.
"If that effort is unsuccessful we expect
the discovery process to be completed by the end of Q2 (June) 2018 and
that shortly thereafter the matter will be ready to be entered for
trial."
Eight
insurance companies, led by Lloyd's Underwriting, refused to pay for
damage to the reactor's outer shell, known as the calandria, when it was
improperly polished using coarse wire brushes during the refurbishment
in 2009.
The polishing caused microscopic scratching and when new
tubes were fitted into the calandria the scratches led to large numbers
of the tubes flunking critical air leak tests.
All 380 tubes had
to be removed and replaced, a setback that added 22 months to the
project and hiked costs by hundreds of millions of dollars.
The
insurance companies rejected claims the calandria had been "accidentally
physically damaged" by the polishing mistake and instead blamed
negligence by NB Power and its contractor Atomic Energy of Canada Ltd.
(AECL).
$1B over budget
Lawsuits by both NB Power and AECL
were filed 64 months ago and have already dragged on longer than the
refurbishment itself, which ballooned into a four and a half year
ordeal. It ran three years longer than expected and went $1 billion over
budget.
NB Power's claim against the insurers is for $320.1
million — just a portion of the cost overruns encountered during the
refurbishment.
New Brunswick Liberals campaigned in 2014 on also
pressing Ottawa for compensation, given that AECL was a federal Crown
corporation during the refurbishment, but have since declined to answer
questions on the subject.
"Pending the conclusion of the insurance
claim legal process, we are not able to comment," said Julie Robichaud,
Premier Brian Gallant's press secretary, in an email to CBC News in
January.
Missing production targets
Lepreau has been operating since November 2012 but has run into a number of problems and consistently missed production targets.
As
of March 31 this year it has operated 194 days less than NB Power
originally projected for its first five years, costing nearly $200
million in reduced production.
Last week in filings with the New
Brunswick Energy and Utilities Board, NB Power lowered expected
production from the nuclear plant by a further 136 days over the next 23
years to allow for extra maintenance and unexpected problems.
The
utility said it is planning for more future downtime "to reflect a more
conservative expected performance" from Lepreau, but the change follows
skeptical questions at NB Power's last rate hearing about whether
future production targets for the plant were realistic given its track
record so far.
NB Power did not immediately respond to
questions Thursday about changes it has made to Lepreau's expected
long-term performance.
CBC and the lawyer, John Furey know that NB Power will never file a
lawsuit against Atomic Energy of Canada Ltd. because of a secret backroom deal Premier Gallant and Prime Minister Trudeau "The Younger made N'esy Pas?
Gallant government silent on federal claims for cost overruns at Point Lepreau
Gallant government won't reveal if it pushed Prime Minister Justin Trudeau on New Brunswick's claim
Robert Jones · CBC News ·
Premier Brian Gallant met with Prime Minister Justin Trudeau in New Brunswick last week. (Twitter)
The
Gallant government says it cannot reveal whether it pushed Prime
Minister Justin Trudeau on New Brunswick's claim to compensation for
cost overruns at the Point Lepreau nuclear station refurbishment during
his visit last week.
A lawsuit launched by NB Power against its insurers is still inching its way through the court system.
"Pending
the conclusion of the insurance claim legal process, we are not able to
comment," said Julie Robichaud, the premier's press secretary, in
an email to CBC News.
Liberals promised to press for compensation
New
Brunswick Liberals promised in the 2014 election campaign to press the
federal government to compensate the province for $1 billion in extra
costs incurred by NB Power during Lepreau's problem-plagued
refurbishment.
But there was no hint during Trudeau's visit last week that that happened, despite a meeting between the two men.
The
refurbishment project began in 2008 under the guidance of then-federal
crown corporation Atomic Energy of Canada Ltd. (AECL).
It took
three years longer to complete than planned, a delay that cost NB Power
$1 billion in extra energy and other expenses. Successive New Brunswick
governments have claimed Ottawa should pay for that.
In February
of 2012 — five years ago next month — NB Power and AECL filed joint
lawsuits against a number of insurers who refused to pay claims related
to construction delays.
That legal action covers only part of the
cost overruns and insurance companies are fighting it vigorously,
saying delays were caused by errors and incompetence among refurbishment
managers, not insured accidents.
Although that legal proceeding
is now cited by the premier's office as the reason for its silence
regarding any discussions with Trudeau about Lepreau compensation last
week, it did not deter Gallant while in opposition.
Gallant had asked previous government to resolve matters
In
the spring of 2014, two years into the lawsuit, Gallant regularly
called on then-Premier David Alward to provide updates on the
compensation issue and personally resolve matters with Prime Minister
Stephen Harper.
"I hope it would be the Premier himself, bringing it to the Prime Minister himself," Gallant told the legislature.
"What are their plans to ensure we get the cost overruns covered?"
A commitment to press Ottawa on Lepreau compensation was also included in the Liberal party's 2014 platform.
The lawsuit has moved so slowly, it's not clear when it might be resolved.
According to court filings the matter is still in the pre-trial discovery phase and no trial date has been set.
At four years and 11 months, the lawsuit has already dragged on three months longer than the refurbishment itself.
What lawsuit? NB Power claim for damages against AECL has not gone to court
Utility's lawyer tells Energy and Utilities Board there are only 'potential legal claims'
Robert Jones · CBC News · Posted: Apr 14, 2018 8:00 AM AT
NB
Power lawyer John Furey said the utility believes any money it wins
from Atomic Energy of Canada Ltd. falls outside a 2013 order to notify
the EUB of 'any proceeds' it obtains through successful legal claims
related to the Point Lepreau refurbishment delays and cost overruns. (Philip Drost/CBC)
More
confusion showed itself at NB Power's rate hearing Friday when the
utility's lawyer, John Furey, interrupted questions about the company's
lawsuit against Atomic Energy of Canada Ltd. to announce there is no
lawsuit.
"There are not currently any other legal actions
commenced," said Furey about attempts to win compensation from AECL for
problems at the Point Lepreau nuclear generating station refurbishment,
which finished more than five years ago.
The question left unanswered was what the utility is doing instead.
Furey's
comments came as Energy and Utilities Board lawyer Ellen Desmond was
asking if it is NB Power's intention to advise the EUB when "litigation"
with AECL concludes and potentially more settlement money related to
the troubled refurbishment is won.
Furey said there are only "potential legal claims," a revelation that caught Desmond by surprise.
"I
had understood that there was litigation outstanding, but what I think
I'm hearing Mr. Furey advise the board is that it's not litigation,"
said Desmond.
NB Power did sue insurance companies over their
failure to pay for damage and delays during Lepreau's rebuild, which
concluded in 2012 after running three years late and $1 billion over
budget.
NB
Power's claim against the insurers over the delays and cost overruns
during the Point Lepreau nuclear generating plant refurbishment was for
$320.1 million, but the amount of the settlement announced last week has
not been disclosed. (CBC News)
Two weeks
ago Furey told the hearing that with the settlement of those lawsuits
out of the way, attention was switching to "claims between NB Power and
AECL."
"This settlement does not represent the conclusion of all
claims surrounding the delays in refurbishment," said Furey. "There are
substantial areas of dispute that remain between NB Power and Atomic
Energy of Canada Limited."
Desmond, and others, wrongly assumed
that meant there was a legal action underway against AECL, which served
as the refurbishment contractor.
NB Power has not said how much it is seeking or what process it is using to try to secure additional money from AECL.
Furthermore, Furey said NB Power considers whatever it wins to be money it can use as it sees fit
.
NB Power rate hearings before the province's Energy and Utilities Board continued in Saint John on Friday. (CBC)
In
2013 the Energy and Utilities Board ordered NB Power to notify it
of "any proceeds" from successful refurbishment legal claims to the
EUB, so it could "initiate a review to consider how such proceeds should
be applied."
NB Power did that with the insurance settlement
money, but Furey said he believes any money it wins from AECL to be
outside of that order.
"I don't believe the scope of the board's order covered the AECL claims," he said.
It
is New Brunswick policy that NB Power is entitled to "full
compensation" for the $1 billion in cost overruns it suffered at
Lepreau, in any combination from insurance companies, AECL or the
federal government, which owned AECL at the time.
The amount paid
to the utility last month by insurers is confidential, but enough
information about it has been provided to know it is likely less than
$200 million.
About the Author
Robert Jones
Reporter
Robert
Jones has been a reporter and producer with CBC New Brunswick since
1990. His investigative reports on petroleum pricing in New Brunswick
won several regional and national awards and led to the adoption of
price regulation in 2006.
Premier Brian Gallant goes after Point Lepreau cost overruns with new
tactic
ADAM HURAS Legislature Bureau
The Point Lepreau nuclear generating station.
Telegraph-Journal Archive
OTTAWA • Premier Brian Gallant says his provincial government would accept
federal dollars toward other projects in lieu of the $1 billion in cost overruns
associated with the Point Lepreau refurbishment.
Gallant told the Telegraph-Journal while in Ottawa that the delays and
mistakes made in a plagued overhaul of the nuclear station remain a “fiscal
strain” on New Brunswick.
Consecutive New Brunswick governments have repeatedly called on Ottawa to
cover the roughly $1-billion price tag.
The Point Lepreau refurbishment project was the first time that Atomic Energy
of Canada Ltd. – a federal Crown corporation – attempted to rebuild a Candu-6
reactor.
The $1.4-billion overhaul of Atlantic Canada’s only nuclear plant was
originally scheduled to take 18 months when it was taken offline in March
2008.
Instead, the refurbishment was completed in 2012, taking 37 months longer and
costing $1 billion more than anticipated.
It was completed to expand the life of the plant by another 25 to 30
years.
“That’s certainly a fiscal strain for the people of New Brunswick,” Gallant
said.
He added that the goal remains to recoup the extra costs, suggesting there
may be more than one way ahead.
“It’s not so much the how we get there, but it’s the outcome that we get,”
Gallant said. “Whether it’s a mechanism that goes directly into helping with the
cost overruns or there are other types of investments that are made by the
federal government to offset some of those fiscal challenges, as long as in New
Brunswick we get the support that we need then I’ll be very pleased.”
Could lower borrowing costs for refurbishment overruns, Brian Gallant says
CBC News ·
Liberal
Leader Brian Gallant says the Alward government should push the federal
government for a loan guarantee to help cover the $1 billion in cost
overruns associated with the Point Lepreau nuclear refurbishment
project.
Gallant still believes the federal government should
fully compensate New Brunswick for the three-year delay, but suggests a
loan guarantee to lower the province's borrowing costs to pay for the
overruns is a feasible Plan B.
He points to Prime Minister Stephen Harper's recent announcement that
the federal government will provide a $7.4-billion loan guarantee for
the Muskrat Falls hydro dam project in Labrador as precedent. It's
expected to result in a savings of more than $1 billion.
"In the
interest of fairness, New Brunswick should be able to benefit from the
same treatment provided to Newfoundland and Labrador, and Nova Scotia
for the Muskrat Falls project," Gallant wrote in a letter to Premier
David Alward on Friday.
"If we take the same ratio, we could save
up to $300 million as well, so for us, we think that's very interesting
savings and something we should explore," Gallant told CBC News.
But Energy Minister Craig Leonard says Ottawa's borrowing rate is not much better than that of New Brunswick.
"The savings would be rather small," said Leonard.
"It
certainly wouldn't provide any significant benefit, certainly not from
the amounts we're looking for in terms of compensation on Lepreau."
Muskrat
Falls may, however, be a useful precedent in a decade when New
Brunswick must tackle the estimated $2 billion to $3 billion upgrade or
decommissioning of the Mactaquac hydro dam, Leonard said.
Meanwhile,
the Alward government has instructed NB Power to develop a strategy to
recoup some of the Point Lepreau costs overruns.
The premier
has said a lawsuit against the federal government is a possible option,
but has not committed to a specific strategy.
The former Liberal government had committed to suing the federal government for some of the cost overruns.
The
prime minister and Finance Minister Jim Flaherty have repeatedly said
they would only pay the contractual obligations associated with the
refurbishment project.
The Point Lepreau refurbishment project was
the first time the Atomic Energy of Canada Ltd. attempted to rebuild a
Candu-6 reactor.
Perhaps
you should ask Henneberry’s Reporting Service about this
yourself? This is
the text of your letters to me last month and four
years ago
Correct?
April 17, 2018
VIA EMAIL
Mr. David Amos
Dear
Mr. Amos
Re: Right to Information and Protection of Privacy ActRequest
for information
This will acknowledge your request for “a true copy of
the recording
of the Public Hearing held on the evening of February 7, 2018”,
in
connection with Board Matter 375.
Please be advised that the
recording is not in the possession of the
New Brunswick Energy and Utilities
Board (Board) nor is it under the
Board’s control. The recording is prepared
and controlled by
Henneberry’s Reporting Service.
We do note that a
copy of the transcript can be found on the Board’s
website at www.nbeub.ca.
Yours truly,
Ellen C.
Desmond, Q.C.
Director, Legal and Administration
----------
Original message ----------
From: "Doucet, Rick (LEG)" <Rick.Doucet@gnb.ca>
Date:
Tue, 22 Jul 2014 01:07:58 +0000
Subject: RE: Final Docs
To: David Amos
<motomaniac333@gmail.com>
Will
get right on this.
Always look forward to your brilliant
thoughts.
R
Hon.Rick Doucet
Legislative member for Charlotte-the
isles
28 Mt.Pleasant Rd.
St.George, N.B. E5C 3K4
This
message is intended for the person to whom it is addressed and is
to be
treated as confidential or private communications. It must not
be forwarded
unless permission has been received from the originator.
If you have received
this message inadvertently, please notify the
sender and delete the message.
Then delete your response. Thank you
for your
cooperation.
--------------------------------------------------------------
Ce
message est destiné à la personne désignée dans la présente et il
doit
demeurer confidentiel. Il ne doit pas être réacheminé sans la
permission de
l’expéditeur. Si ce message vous a été envoyé par
erreur, veuillez aviser
l’expéditeur et effacer le message. Effacez
ensuite votre réponse. Merci de
votre collaboration.
I will never understand why your friends in
Henneberry’s Reporting
Service won't get back to me or why they took so long
to produce a
transcript of the Public Session in the first place. The
public
session was not much over an hour in duration. Yet
Henneberry’s
Reporting Service can provide a transcript of a full day of a
hearing
almost overnight if they wish to. (Although I see no record of
the
transcripts for May the 2nd and 3rd as of yet)
Furthermore there
is one statement I found in the transcript of the
Public Session that the EUB
offers to the public which I have no
recollection of whatsoever. It is the
main reason why I want a true
copy of the recording of the hearing. It
certainly appears to me that
you people are attempting to make me seem to be
some kind of nut.
Also for the record I did not say "Dead Bernie" as the
transcript
falsely claims. I said the name of a former Chairman of the Board
of
NB Power, Derek Burney.
On October 30th, 2017 your friend Mr Furey
filed a submission in this
matter as "APPENDIX"G" (Hereto attached) It is a
true copy of the
cover letter I sent to Burney and many others in 2006 along
with a
many documents and a CD. My actions in Federal Court since 2015
that
Mr. Furey laments about easily prove that I am very willing to
argue
every word of my evidence of public corruption.
Derek Burney and
NB Power lawyers have ever answered me to this very
day. Other than Mr. Furey
having me illegally barred as an Intervener
and the EUB answering a freedom
of information request I have been
deliberately ignored since 2006. Need I
say I was not impressed with
the ethics of all the other Interveners when
they said nothing about
the EUB very questionable actions against me on
October 31st, 2018?
The EUB never even bothered with its protocol in order to
ask any of
the other Interveners about their actions that day. I truly
believe
that is because you and all the other lawyers did not want
your
opinion of me recorded in the public record Correct? What if
such
malicious nonsense had happened to you or any other lawyer involved
in
the 375 matter? I bet you people would have filed a
lawsuit
immediately.
Obviously I have sent the Former Chairan of the
Boeard of NB Power
this email as well as most of the other people named
within my
documents that Mr. Furey filed as "APPENDIX"G"
---------- Forwarded message
----------
From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
Date:
Tue, 17 Apr 2018 19:48:30 +0000
Subject: RE: RE Request for information Attn
Ellen C. Desmond Q.C.
To: David Amos <motomaniac333@gmail.com>
Thank
you for writing to the Premier of New Brunswick. Please be
assured that
your email will be reviewed.
If this is a media request, please forward
your email to media-medias@gnb.camedia-medias@gnb.ca
>.
Thank you!
*************************************
Nous vous
remercions d’avoir communiqué avec le premier ministre du
Nouveau-Brunswick.
Soyez assuré(e) que votre courriel sera examiné.
Si ceci est une demande
médiatique, prière de la transmettre à media-medias@gnb.camedia-medias@gnb.ca>.
Merci!
---------- Forwarded message ----------
From:
NBEUB/CESPNB <General@nbeub.ca>
Date:
Wed, 18 Apr 2018 12:00:39 +0000
Subject: RE: RE Request for information Attn
Ellen C. Desmond Q.C.
To: David Amos <motomaniac333@gmail.com>
Cc:
NBEUB/CESPNB <General@nbeub.ca>
Thank
you for your email to the New Brunswick Energy and Utilities
Board.
***
La Commission de l’énergie et des services publics
du
Nouveau-Brunswick vous remercie pour votre courriel.
New
Brunswick Energy and Utilities Board
Commission de l’énergie et des services
publics du Nouveau-Brunswick general@nbeub.ca
Telephone
: (506) 658-2504
Fax/Télécopieur : (506) 643-7300
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658-2504. Aussi, si vous avez reçu ce courriel par erreur,
veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre
système
informatique et de vos dossiers. Merci.
Thanks for finally admitting that I exist after eleven very long
years.
However I don't believe you.
I have no doubt whatsoever if
you or any other lawyer involved with
NBEUB matters required a tape of a
public hearing you would have it
nearly instantly
Veritas
Vincit
David Raymond Amos
902 800 0369
On 4/17/18, NBEUB/CESPNB
<General@nbeub.ca>
wrote:
> Good afternoon,
>
> Please see the attached letter
from the New Brunswick Energy and
> Utilities Board.
>
>
Regards,
>
> N.B. Energy and Utilities Board
> Commission de
l'énergie et des services publics du N.-B.
> 15 Market Square - Suite
1400
> P.O. Box 5001/C.P. 5001
> Saint John, NB E2L 4Y9
>
Telephone : 506-658-2504
> Fax/Télécopieur : 506-643-7300
> Email
: general@nbeub.cageneral@nbeub.ca>
/ Courriel :
> general@cespnb.cageneral@cespnb.ca>
>
Website: www.nbeub.ca<http://www.nbeub.ca/> / Site Web
:
> www.cespnb.ca<http://www.cespnb.ca/>
>
>
Confidentiality Notice This private message (and any attachments) is
> for
the exclusive use of the individual for whom, or entity for which,
> it is
intended. It may contain information that is privileged,
> confidential
or exempt from disclosure by law. Its author does not
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protection afforded to it under applicable law. Disclosure
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for whom it is intended, is not authorized by its author and is
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Also, if you received this email in error, delete it
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>
> Avis de
confidentialité
> Ce message privé (et toutes les pièces jointes) est à
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(506)
> 658-2504. Aussi, si vous avez reçu ce courriel par erreur,
veuillez
> effacer ce courriel, ainsi que les pièces jointes, de votre
système informatique et de vos dossiers.
Merci.
>
>
I just called and you did not pick up so I left a message with
your assistant.
Your name came up during the hearing I attended on April
3rd, 2018
Clearly I have studied you a bit. Now its your turn to check me
out. I
believe I am being fair. Trust that there is much more for you to
know
before you create a report on KPMG's work.
Please view
attachments and ask me anything you wish.
I sent you and many others an
email this weekend that was acknowledged
by the board this morning and I
published it within my blog.
I bet NB Power and many lawyers such as Michael Dixon are
cursing me
about now N'esy Pas?
Now I will try to talk to you before
publishing this email. Quite
frankly I want to see how you respond to me on a
personal level before
Mr Furey and the other lawyers advise you to ignore my
concerns. Some
of which you will find below.
Andrew
Logan is all about helping people. His profession involves
work that builds
personal connections, and that makes sense for this
guy who was born and
raised in Saint John. He’s a CPA with more than
30 years experience, and he
came to Teed Saunders Doyle 20 years ago
looking to work with small and
medium-sized businesses. He loves his
work, especially on the days he can
ride his Harley Davidson to the
office.
Whereas
you were involved with making a report on the PDVSA matter, I
should inform
you that I took an interest in it before I ran in the
election of the 39th
Parliament and the comment section of Charles
Leblanc's old blog from 12
years ago affirms it;
Michael “Tanker” Malley
C/o Cleveland Allaby
480 Queen
Street
Suite # 200
Fredericton NB. E3B 1B6
Simpson Thacher &
Barlett LLP
C/o Derek Burney
Chair of the Board of Directors of NB
Power
515 King Street Fredricton, NB E3B 4X1
Jody Carr
C/o Paul
Blackmore
Chestnut Complex
470 York Street
Fredericton, NBE3B
3P7
Patrick A.A. Ryan
Edgecombe House
736 King
Street
Fredericton, NB E3B 1G2
Re: Public
Corruption
Sirs,
Pursuant to my many phone calls and email to your
offices please find
enclosed the material I promised to you before I file my
complaints in
Federal Court in Fredericton. The CD which is a true copy of
wiretap
tape number 139 is served upon you all in confidence as officers
of
the court in order that it may be investigated byway of my suing
the
Crown.
While Norm Betts and Derek Burney’s buddy Stevey Boy Harper
is busy in
New Brunswick today trying hard to shore up the shaky government
of
Jody Carr’s buddy, Bernie Lord with long delayed federal tax dollars.
I
am polishing off my promises to crooked lawyers in the hope that the
very
corrupt House crumbles ASAP. If not maybe President Chavez will
help me
bankrupt the crooks working within NB Power within a crooked
government’s
blessing. Methinks Tanker will need another lawyer if the
one he has now
continues to play dumb. Lord paid Allaby a lot of money
to study the doings
of the Justice Dept a long time ago. He should
understand the
scene.
Shame on you all for forcing me to go to such lengths to protect
my
rights under the Charter. Methinks you have underestimated my
diligence
EH? Now ask yourselves why I don’t sue you after I sue the
Crown? I fail to
see any reason not to. That is the only way I know of
to hold such people as
you accountable. Stevey Boy Harper never will
even though he talks the talk
of such things. Everybody knows what I
served upon his party’s lawyer Arthur
Hamilton before I was falsely
imprisoned in the USA in 2004.
Despite
whatever Act our latest Prime Minister wishes to introduce to
the Canadian
people that he claims will compel our government to act
with integrity, he
can never deny my right to drag anyone into court.
In fact he has done so
himself in the past and I am no less of a man
than he. Even a simple
pigheaded Maritimer has the right to argue the
law even with people who think
themselves above it. How you all have
failed to uphold the law and the public
trust placed in your public
office is either a matter of public record or
soon shall be or my name
ain’t Dave. There is no Democracy without Truth and
Justice. It is
just that simple.
Thats all for now fellas. I look
forward to seeing you all in court
someday or I will die trying to make it
happen in an ethical fashion.
It is just another one of those things I do
that lawyers fail to
appreciate. Ask your friends why that is if you don’t
already know.
Veritas Vincit
David Raymond Amos
P.O. Box
234
Apohaqui, NB. E5P 3G2
Hey Mr. Costello
Need I say I was not
impressed by you yesterday. At least you
confessed that you knew who I was
but so much for a jealous defense of
your client’s interests. EH? That said
there is no need to send you
hard copy of my material. Your associates within
McInnes Cooper
already have enough to review and confer with you
about.
Perhaps you should call the dudes or ladies (: Tell them how I
chuck
rocks will ya? from Patterson Palmer in Halifax that merged with
your
firm or better yet Lenny Hoyt and Franky Boy McKenna. In my
humble
opinion your little buddy Franky Boy as Canadian Ambassador
should
have tried to stop NB Power’s malicious lawsuit against Venezeula
in
the USA before it picked up steam. But what do I know. EH? I think
the
dudes from Venezeula were wise to bring the issues back to
the
Maritimes and into the Irvings’ lap. I think it was a hoot that
they
employed your firm to do so. What say you?
Whereas you do not
wish to speak to me I will speak to these dudes
about you,
Embassy of
Bolivarian Republic of Venezuela,
32 Range Rd
Ottawa Ontario
K1N
8J4,
Phone: 613 235-5151
and then send them what I sent Allan Rock
Franky Boy Mckenna and the
FBI almost one year ago. Perhaps you should call
some of your friends
mentioned below that I served my stuff upon yesterday
after I talked
to you and ask them what the Hell I am up to if you don’t
already
know.
Veritas Vincit
David Raymond Amos
P.S. the
following was an interesting article to come out in the local
paper just as
Humpty Dumpty had the Governor Gerneral drop the Writ on
the last election.
It certainly seems to me that the Irving’s and
Bernie Lord were trying hard
to help Stevey Boy Harper’s government
and John Wallace get elected in order
to protect their own selfish
interests. EH? If he won’t tell ya then ask me
why Franky Boy does not
want to be the liberal leader right now. I Double Dog
Dare Ya. As I
said in closing yesterday you have my number but maybe the
dudes from
Venezeula lost it so here it is again 506 434 1379. Your problem
is do
I want to talk to you now. Whilst I am talking to your clients
about
your incompetance I will explain to them why I am preparing to
sue
your whole god damned law firm.
November 25, 2005
Liberal
leader ‘jeopardizing’ NB Power’s chances in lawsuit over
failed Orimulsion
deal: Tory MLA
New Brunswickers should question whether Liberal Leader
Shawn Graham
is fighting for them or for Venezuelan President Hugo Chavez,
says a
Tory MLA. Jody Carr, MLA for Oromocto-Gagetown, made the
stinging
indictment against Mr.Graham Thursday during a heated
committee
hearing where the Liberal leader took repeated swipes at David Hay,
NB
Power’s president and chief executive officer, for failing to
answer
legal questions regarding the utility’s Orimulsion
lawsuit.
Mr. Graham questioned some of the tactics being advanced by
NB
Power’s legal staff and demanded to know how much the power
corporation
budgeted for the legal battle against the Venezuelan
government and its
state-owned oil company.
Mr. Carr said the Liberal leader crossed the
line in Thursday’s
committee hearing and could endanger NB Power’s lawsuit.
“The issue is
complicated and it shows the issue is far over his head to what
he can
comprehend,” Mr. Carr said in an interview later."He was in
effect
working on the side of the Venezuelan government by jeopardizing
the
court proceedings."He was jeopardizing the chances of government
and
NB Power recouping the $2.2 billion in savings and therefore,
in
essence, that put him on the other side.”
NB Power restarted its
lawsuit on Sept. 1, when it filed a statement
of claim looking for $2.2
billion in financial damages, which equates
to the price difference between
purchasing heavy fuel oil to burn at
the Coleson Cove Generation Station and
Orimulsion, a cheap
water-and-bitumen mixture patented by Petroleos de
Venezuela, S.A.
(PDVSA).
NB Power has hired Stewart McKelvey Stirling
Scales to quarterback the
lawsuits filed in Fredericton and New York along
with Simpson Thacher
& Bartlett LLP to serve as their U.S. counsel. Mr.
Hay estimated that
the corporation has already spent as much as $600,000 on
legal bills
relating to the Orimulsion lawsuit.
The Liberal leader
grew increasingly frustrated when Mr. Hay
stonewalled his attempt to get a
firm answer on NB Power’s budget for
Orimulsion-related legal fees. “For the
life of me I can’t understand
how it could jeopardize the court proceedings
in saying how much we
are thinking this court challenge may cost,”
Mr.
Graham said.Throughout the committee session, Mr. Hay assured the
Liberal
leader that the power corporation was evaluating the
risk-reward ratio at
each legal “fork in the road.”
Mr. Hay said he cannot disclose any
details that could tip the
utility’s legal hand considering the Venezuelans
are keeping a close
eye on the proceedings."We are dealing with people with
extremely deep
pockets. And if you go to a poker game “... and you say, I
have my
$1,000 here or whatever it is you are playing with, that gives
an
advantage to the other side,” Mr. Hay said.
Mr. Carr also accused
Mr. Graham of misleading Saint John residents
about the Orimulsion costs
during the recent byelection campaign in
Saint John Harbour. Mr. Carr said he
found it disconcerting that
Liberal campaign signs said the Conservative
government lost $2.2
billion through the bungled Orimulsion fuel deal but now
Mr. Graham
admits the money was a “potential loss of savings.”
-
Daniel McHardie - Canadaeast News Service Source: Telegraph-Journal
| page A5
on Nov. 25, 2005
Junior
minister left to defend Lord's comments
CBC News · Posted: Feb 20, 2006 4:33
PM AT
One of Bernard Lord's newest cabinet ministers is defending his
boss
in the midst of a political firestorm that has left New Brunswick
with
a minority government.
A prominent Fredericton lawyer and
long-time Tory supporter who found
himself caught up in the story is also
demanding a personal apology
from the premier.
Lord refused to comment
on the situation Monday, but left his
newly-minted minister of post-secondary
education and training, Jody
Carr, to tell CBC he's proud of his
leader.
Carr says he supports Lord's decison to hold a press conference
about
a conversation he had with outgoing Conservative member
Michael
(Tanker) Malley.
"What Tanker said publicly is that he went
Independent because the
Miramichi wasn't getting its fair share, and the
premier felt that
that was contradicting the truth, and he wanted to lay the
facts out."
Malley quit the party Friday night to sit as an
Independent,
frustrated that he was left out of cabinet and claiming that
his
riding hasn't received enough support from Lord's
government.
Lord's Conservatives now hold 27 seats, the Liberals hold 26,
with two
Independents Malley and Frank Branch.
READ MALLEY'S
LETTER OF RESIGNATION: 'I will no longer be taken
for granted,' Malley
writes
Lord responded to Malley's decision by holding a news conference
on
Saturday, saying he had no regrets about the loss. Lord told
reporters
that Malley demanded a number of unreasonable favours, including
the
appointment of lawyer Cleveland Allaby to the bench as a
provincial
court judge.
"The first item on his list was to appoint his
friend Cleveland Allaby
as judge of the province of New Brunswick," Lord
said.
But that was news to Allaby, who says he couldn't believe his
ears
when he heard Lord had mentioned his name in connection with
Malley's
defection. He says he never asked Malley to try to get him a
judicial
appointment and is insulted at the suggestion.
"I did not ask
him to do that, and for him to assume that I'm behind
some nefarious plot if
indeed that's what they talked about at the
meeting because we don't know I
have real difficulty with that."
Allaby, a staunch supporter of the party
who once ran for the
leadership, admits Malley is a friend but says when he
asked Malley
about this list of demands, Malley told him his conversations
with the
premier were confidential and he couldn't tell him
anything.
Allaby says the premier could learn a lesson from Malley. "Let
me know
what you're saying. Rather than this pot-shotting,
this
cheap-shotting, this behind the backs, sneaky business that's
going
on. Stand up and be a man."
Allaby says he wants an apology
directly from Lord, in person, face to
face and not over the
phone.
Liberal house leader Kelly Lamrock admits the turn of events has
left
his party feeling like a hockey team that skates onto the ice to
find
its opponents in a bench-clearing brawl, but says his caucus
will
focus on the issues facing the province – and getting ready for
the
next election.
He says if Lord is dumb enough to blurt out
Allaby's name to the media
and air his party's dirty laundry he'll enjoy the
show. "I certainly
think when we vote in the upcoming [session of the]
legislature we
will find there is little to be gained by letting a tired
government,
ripped apart by infighting and not focused on the province, carry
on."
The Lord government could fall as soon as April 7, when the house
is
expected to vote on Finance Minister Jeannot Volpé's spring
budget.
Obviously I must ask before you created your report did you
ever see
all the documents that accompanied this cover letter to NB
Power's
Chairman of the Board in 2006? FYI the NB Power lawyers filed
as
Appendix "G" in the 375 Matter as well
What
you may not know is that I asked your firm if they would audit my
records as
per Elections Canada's rules as I ran in the Election of
the 42nd Parliament.
Your firm refused me as is your right to do.
However I was truly amazed that
nobdy would even some fancy people in
Toronto so I made a complaint to the
the Glogal Oversight of the
accounting business and got a respnse. Months
later obviously I found
an auditor who was not afraid of Mr Harper and his
cohorts and managed
to run for Parliament again. Even though CBC ignored
its
"Non-Partisan" mandate and denied that simple fact for the fifth
time
Rogers TV did not.
---------- Forwarded message
----------
From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
Date:
Tue, 7 Jun 2016 17:05:07 +0000
Subject: RE: So what does Premier Gallant and
Minister Doucet et al
think of my lawsuit? How about David Coon and his
blogging buddy
Chucky joking about being illegally barred from parliamentary
property
To: David Amos <motomaniac333@gmail.com>
Thank
you for writing to the Premier of New Brunswick.
Please be assured that your
email has been received, will be reviewed,
and a response will be
forthcoming.
Once again, thank you for taking the time to write.
Merci
d'avoir communiqué avec le premier ministre du Nouveau-Brunswick.
Soyez
assuré que votre courriel a bien été reçu, qu'il sera examiné
et qu'une
réponse vous sera acheminée.
Merci encore d'avoir pris de temps de nous
écrire.
Sincerely, / Sincèrement,
Mallory Fowler
Correspondence
Manager / Gestionnaire de la correspondance
Office of the Premier / Cabinet
du premier ministre
>>
>> ---------- Forwarded message
----------
>> From: David Amos motomaniac333@gmail.com
>>
Date: Mon, 12 Jun 2017 09:32:09 -0400
>> Subject: Attn Integrity
Commissioner Alexandre Deschênes, Q.C.,
>> To: coi@gnb.ca
>> Cc: david.raymond.amos@gmail.com
>>
>>
Good Day Sir
>>
>> After I heard you speak on CBC I called
your office again and managed
>> to speak to one of your staff for the
first time
>>
>> Please find attached the documents I promised
to send to the lady who
>> answered the phone this morning. Please
notice that not after the Sgt
>> at Arms took the documents destined to
your office his pal Tanker
>> Malley barred me in writing with an
"English" only document.
>>
>> These are the hearings and the
dockets in Federal Court that I
>> suggested that you study
closely.
>>
>> This is the docket in Federal
Court
>>
>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T
>>
>>
These are digital recordings of the last three hearings
>>
>>
Dec 14th https://archive.org/details/BahHumbug
>>
>>
January 11th, 2016 https://archive.org/details/Jan11th2015
>>
>>
April 3rd, 2017
>>
>> https://archive.org/details/April32017JusticeLeblancHearing
>>
>>
>>
This is the docket in the Federal Court of Appeal
>>
>> http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-48-16&select_court=All
>>
>>
>>
The only hearing thus far
>>
>> May 24th,
2017
>>
>> https://archive.org/details/May24thHoedown
>>
>>
>>
This Judge understnds the meaning of the word Integrity
>>
>>
Date: 20151223
>>
>> Docket: T-1557-15
>>
>>
Fredericton, New Brunswick, December 23, 2015
>>
>> PRESENT:
The Honourable Mr. Justice Bell
>>
>>
BETWEEN:
>>
>> DAVID RAYMOND AMOS
>>
>>
Plaintiff
>>
>> and
>>
>> HER MAJESTY THE
QUEEN
>>
>> Defendant
>>
>>
ORDER
>>
>> (Delivered orally from the Bench in Fredericton,
New Brunswick, on
>> December 14, 2015)
>>
>> The
Plaintiff seeks an appeal de novo, by way of motion pursuant to
>> the
Federal Courts Rules (SOR/98-106), from an Order made on November
>>
12, 2015, in which Prothonotary Morneau struck the Statement of
Claim
>> in its entirety.
>>
>> At the outset of the
hearing, the Plaintiff brought to my attention a
>> letter dated
September 10, 2004, which he sent to me, in my then
>> capacity as Past
President of the New Brunswick Branch of the Canadian
>> Bar
Association, and the then President of the Branch, Kathleen Quigg,
>>
(now a Justice of the New Brunswick Court of Appeal). In that
letter
>> he stated:
>>
>> As for your past
President, Mr. Bell, may I suggest that you check the
>> work of Frank
McKenna before I sue your entire law firm including you.
>> You are
your brother’s keeper.
>>
>> Frank McKenna is the former
Premier of New Brunswick and a former
>> colleague of mine at the law
firm of McInnes Cooper. In addition to
>> expressing an intention to
sue me, the Plaintiff refers to a number of
>> people in his Motion
Record who he appears to contend may be witnesses
>> or potential
parties to be added. Those individuals who are known to
>> me
personally, include, but are not limited to the former Prime
>>
Minister of Canada, The Right Honourable Stephen Harper; former
>>
Attorney General of Canada and now a Justice of the Manitoba Court
of
>> Queen’s Bench, Vic Toews; former member of Parliament Rob
Moore;
>> former Director of Policing Services, the late Grant Garneau;
former
>> Chief of the Fredericton Police Force, Barry McKnight; former
Staff
>> Sergeant Danny Copp; my former colleagues on the New Brunswick
Court
>> of Appeal, Justices Bradley V. Green and Kathleen Quigg, and,
retired
>> Assistant Commissioner Wayne Lang of the Royal Canadian
Mounted
>> Police.
>>
>> In the circumstances, given
the threat in 2004 to sue me in my
>> personal capacity and my past and
present relationship with many
>> potential witnesses and/or potential
parties to the litigation, I am
>> of the view there would be a
reasonable apprehension of bias should I
>> hear this motion. See
Justice de Grandpré’s dissenting judgment in
>> Committee for Justice
and Liberty et al v National Energy Board et al,
>> [1978] 1 SCR 369 at
p 394 for the applicable test regarding
>> allegations of bias. In the
circumstances, although neither party has
>> requested I recuse myself,
I consider it appropriate that I do so.
>>
>>
>> AS A
RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
>>
the Court schedule another date for the hearing of the motion.
There
>> is no order as to costs.
>>
>> “B. Richard
Bell”
>> Judge
>>
>>
>> Below after the CBC
article about your concerns (I made one comment
>> already) you will
find the text of just two of many emails I had sent
>> to your office
over the years since I first visited it in 2006.
>>
>> I
noticed that on July 30, 2009, he was appointed to the the Court
>>
Martial Appeal Court of Canada Perhaps you should scroll to the
>>
bottom of this email ASAP and read the entire Paragraph 83 of my
>>
lawsuit now before the Federal Court of Canada?
>>
>> "FYI
This is the text of the lawsuit that should interest Trudeau the
>>
most
>>
>>
>> ---------- Original message
----------
>> From: justin.trudeau.a1@parl.gc.ca
>>
Date: Thu, Oct 22, 2015 at 8:18 PM
>> Subject: Réponse automatique : RE
My complaint against the CROWN in
>> Federal Court Attn David Hansen
and Peter MacKay If you planning to
>> submit a motion for a
publication ban on my complaint trust that you
>> dudes are way past
too late
>> To: david.raymond.amos@gmail.com
>>
>>
Veuillez noter que j'ai changé de courriel. Vous pouvez me rejoindre
à
>> lalanthier@hotmail.com
>>
>>
Pour rejoindre le bureau de M. Trudeau veuillez envoyer un courriel
à
>> tommy.desfosses@parl.gc.ca
>>
>>
Please note that I changed email address, you can reach me at
>> lalanthier@hotmail.com
>>
>>
To reach the office of Mr. Trudeau please send an email to
>> tommy.desfosses@parl.gc.ca
>>
>>
Thank you,
>>
>> Merci ,
>>
>>
>>
http://davidraymondamos3.blogspot.ca/2015/09/v-behaviorurldefaultvmlo.html
>>
>>
>>
83. The Plaintiff states that now that Canada is involved in more
war
>> in Iraq again it did not serve Canadian interests and reputation
to
>> allow Barry Winters to publish the following words three times
over
>> five years after he began his bragging:
>>
>>
January 13, 2015
>> This Is Just AS Relevant Now As When I wrote It
During The Debate
>>
>> December 8, 2014
>> Why
Canada Stood Tall!
>>
>> Friday, October 3, 2014
>>
Little David Amos’ “True History Of War” Canadian Airstrikes And
>>
Stupid Justin Trudeau
>>
>> Canada’s and Canadians free ride
is over. Canada can no longer hide
>> behind Amerka’s and NATO’s
skirts.
>>
>> When I was still in Canadian Forces then Prime
Minister Jean Chretien
>> actually committed the Canadian Army to
deploy in the second campaign
>> in Iraq, the Coalition of the Willing.
This was against or contrary to
>> the wisdom or advice of those of us
Canadian officers that were
>> involved in the initial planning phases
of that operation. There were
>> significant concern in our planning
cell, and NDHQ about of the dearth
>> of concern for operational
guidance, direction, and forces for
>> operations after the initial
occupation of Iraq. At the “last minute”
>> Prime Minister Chretien and
the Liberal government changed its mind.
>> The Canadian government
told our amerkan cousins that we would not
>> deploy combat troops for
the Iraq campaign, but would deploy a
>> Canadian Battle Group to
Afghanistan, enabling our amerkan cousins to
>> redeploy troops from
there to Iraq. The PMO’s thinking that it was
>> less costly to deploy
Canadian Forces to Afghanistan than Iraq. But
>> alas no one seems to
remind the Liberals of Prime Minister Chretien’s
>> then grossly
incorrect assumption. Notwithstanding Jean Chretien’s
>> incompetence
and stupidity, the Canadian Army was heroic,
>> professional, punched
well above it’s weight, and the PPCLI Battle
>> Group, is credited with
“saving Afghanistan” during the Panjway
>> campaign of
2006.
>>
>> What Justin Trudeau and the Liberals don’t tell
you now, is that then
>> Liberal Prime Minister Jean Chretien
committed, and deployed the
>> Canadian army to Canada’s longest “war”
without the advice, consent,
>> support, or vote of the Canadian
Parliament.
>>
>> What David Amos and the rest of the
ignorant, uneducated, and babbling
>> chattering classes are too addled
to understand is the deployment of
>> less than 75 special operations
troops, and what is known by planners
>> as a “six pac cell” of fighter
aircraft is NOT the same as a
>> deployment of a Battle Group, nor a
“war” make.
>>
>> The Canadian Government or The Crown unlike
our amerkan cousins have
>> the “constitutional authority” to commit
the Canadian nation to war.
>> That has been recently clearly
articulated to the Canadian public by
>> constitutional scholar
Phillippe Legasse. What Parliament can do is
>> remove “confidence” in
The Crown’s Government in a “vote of
>> non-confidence.” That could not
happen to the Chretien Government
>> regarding deployment to
Afghanistan, and it won’t happen in this
>> instance with the
conservative majority in The Commons regarding a
>> limited Canadian
deployment to the Middle East.
>>
>> President George Bush was
quite correct after 911 and the terror
>> attacks in New York; that the
Taliban “occupied” and “failed state”
>> Afghanistan was the source of
logistical support, command and control,
>> and training for the Al
Quaeda war of terror against the world. The
>> initial defeat, and
removal from control of Afghanistan was vital and
>>
>> P.S.
Whereas this CBC article is about your opinion of the actions of
>> the
latest Minister Of Health trust that Mr Boudreau and the CBC have
>>
had my files for many years and the last thing they are is ethical.
>>
Ask his friends Mr Murphy and the RCMP if you don't believe
me.
>>
>> Subject:
>> Date: Tue, 30 Jan 2007 12:02:35
-0400
>> From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
>>
To: motomaniac_02186@yahoo.com
>>
>>
January 30, 2007
>>
>> WITHOUT
PREJUDICE
>>
>> Mr. David Amos
>>
>> Dear
Mr. Amos:
>>
>> This will acknowledge receipt of a copy of
your e-mail of December 29,
>> 2006 to Corporal Warren McBeath of the
RCMP.
>>
>> Because of the nature of the allegations made in
your message, I have
>> taken the measure of forwarding a copy to
Assistant Commissioner Steve
>> Graham of the RCMP “J” Division in
Fredericton.
>>
>> Sincerely,
>>
>>
Honourable Michael B. Murphy
>> Minister of
Health
>>
>> CM/cb
>>
>>
>> Warren
McBeath warren.mcbeath@rcmp-grc.gc.ca
wrote:
>>
>> Date: Fri, 29 Dec 2006 17:34:53 -0500
>>
From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
>>
To: kilgoursite@ca.inter.net,
MichaelB.Murphy@gnb.ca,
>>
nada.sarkis@gnb.ca,
wally.stiles@gnb.ca,
dwatch@web.net,
>>
motomaniac_02186@yahoo.com
>>
CC: ottawa@chuckstrahl.com,
riding@chuckstrahl.com,John.Foran@gnb.ca,
>>
Oda.B@parl.gc.ca,"Bev
BUSSON" bev.busson@rcmp-grc.gc.ca,
>>
"Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
>>
Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
>>
forgotten me but the crooks within the RCMP have not
>>
>>
Dear Mr. Amos,
>>
>> Thank you for your follow up e-mail to me
today. I was on days off
>> over the holidays and returned to work this
evening. Rest assured I
>> was not ignoring or procrastinating to
respond to your concerns.
>>
>> As your attachment sent today
refers from Premier Graham, our position
>> is clear on your dead calf
issue: Our forensic labs do not process
>> testing on animals in cases
such as yours, they are referred to the
>> Atlantic Veterinary College
in Charlottetown who can provide these
>> services. If you do not
choose to utilize their expertise in this
>> instance, then that is
your decision and nothing more can be done.
>>
>> As for your
other concerns regarding the US Government, false
>> imprisonment and
Federal Court Dates in the US, etc... it is clear
>> that Federal
authorities are aware of your concerns both in Canada
>> the US. These
issues do not fall into the purvue of Detachment
>> and policing in
Petitcodiac, NB.
>>
>> It was indeed an interesting and
informative conversation we had on
>> December 23rd, and I wish you
well in all of your future endeavors.
>>
>>
Sincerely,
>>
>> Warren McBeath, Cpl.
>> GRC
Caledonia RCMP
>> Traffic Services NCO
>> Ph: (506)
387-2222
>> Fax: (506) 387-4622
>> E-mail warren.mcbeath@rcmp-grc.gc.ca
>>
>>
>>
>>
Alexandre Deschênes, Q.C.,
>> Office of the Integrity
Commissioner
>> Edgecombe House, 736 King Street
>>
Fredericton, N.B. CANADA E3B 5H1
>> tel.: 506-457-7890
>> fax:
506-444-5224
>> e-mail:coi@gnb.ca
>>
>>
>>
---------- Forwarded message ----------
>> From: David Amos motomaniac333@gmail.com
>>
Date: Wed, Sep 23, 2015 at 10:35 AM
>> Subject: RE My complaint against
the CROWN in Federal Court Attn David
>> Hansen and Peter MacKay If you
planning to submit a motion for a
>> publication ban on my complaint
trust that you dudes are way past too
>> late
>> To: David.Hansen@justice.gc.ca,
peter.mackay@justice.gc.ca
>>
peacock.kurt@telegraphjournal.com,
mclaughlin.heather@dailygleaner.com,
>>
david.akin@sunmedia.ca,
robert.frater@justice.gc.ca,
>>
paul.riley@ppsc-sppc.gc.ca,
>>
greg@gregdelbigio.com,
joyce.dewitt-vanoosten@gov.bc.ca,
>>
joan.barrett@ontario.ca,
jean-vincent.lacroix@gouv.qc.ca,
>>
peter.rogers@mcinnescooper.com,
mfeder@mccarthy.ca,
mjamal@osler.com
>>
Cc: david.raymond.amos@gmail.com,
gopublic@cbc.ca,
>>
Whistleblower@ctv.ca
>>
>>
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14439/index.do
>>
>>
http://www.scc-csc.gc.ca/WebDocuments-DocumentsWeb/35072/FM030_Respondent_Attorney-General-of-Canada-on-Behalf-of-the-United-States-of-America.pdf
>>
>>
http://thedavidamosrant.blogspot.ca/2013/10/re-glen-greenwald-and-brazilian.html
>>
>>
I repeat what the Hell do I do with the Yankee wiretapes taps sell
>>
them on Ebay or listen to them and argue them with you dudes in
>>
Feferal Court?
>>
>> Petey Baby loses all parliamentary
privelges in less than a month but
>> he still supposed to be an
ethical officer of the Court CORRECT?
>>
>> Veritas
Vincit
>> David Raymond Amos
>> 902 800
0369
>>
>>
>> ---------- Forwarded message
----------
>> From: David Amos motomaniac333@gmail.com
>>
Date: Sat, 17 Nov 2012 14:10:14 -0400
>> Subject: Yo Mr Bauer say hey
to your client Obama and his buddies in
>> the USDOJ for me will
ya?
>> To: RBauer@perkinscoie.com,
sshimshak@paulweiss.com,
>>
cspada@lswlaw.com, msmith@svlaw.com, bginsberg@pattonboggs.com,
>>
gregory.craig@skadden.com,
pm@pm.gc.ca, bob.paulson@rcmp-grc.gc.ca,
>>
bob.rae@rogers.blackberry.net,
MulcaT@parl.gc.ca,
leader@greenparty.ca
>>
Cc: alevine@cooley.com, david.raymond.amos@gmail.com,
>>
michael.rothfeld@wsj.com,
remery@ecbalaw.com
>>
>>
QSLS Politics
>> By Location Visit Detail
>> Visit
29,419
>> Domain Name usdoj.gov ? (U.S. Government)
>> IP
Address 149.101.1.# (US Dept of Justice)
>> ISP US Dept of
Justice
>> Location Continent : North America
>> Country :
United States (Facts)
>> State : District of Columbia
>> City
: Washington
>> Lat/Long : 38.9097, -77.0231 (Map)
>> Language
English (U.S.) en-us
>> Operating System Microsoft WinXP
>>
Browser Internet Explorer 8.0
>> Mozilla/4.0 (compatible; MSIE 8.0;
Windows NT 5.1; Trident/4.0; .NET
>> CLR 2.0.50727; .NET CLR
3.0.4506.2152; .NET CLR 3.5.30729; InfoPath.2;
>>
DI60SP1001)
>> Javascript version 1.3
>> Monitor Resolution :
1024 x 768
>> Color Depth : 32 bits
>> Time of Visit Nov 17
2012 6:33:08 pm
>> Last Page View Nov 17 2012 6:33:08 pm
>>
Visit Length 0 seconds
>> Page Views 1
>> Referring URL http://www.google.co...wwWJrm94lCEqRmovPXJg
>>
Search Engine google.com
>> Search Words david amos bernie
madoff
>> Visit Entry Page http://qslspolitics....-wendy-olsen-on.html
>>
Visit Exit Page http://qslspolitics....-wendy-olsen-on.html
>>
Out Click
>> Time Zone UTC-5:00
>> Visitor's Time Nov 17 2012
12:33:08 pm
>> Visit Number 29,419
>>
>> http://qslspolitics.blogspot.com/2009/03/david-amos-to-wendy-olsen-on.html
>>
>>
>>
Could ya tell I am investigating your pension plan bigtime? Its
>>
because no member of the RCMP I have ever encountered has earned it
yet
>>
>>
>> ---------- Forwarded message
----------
>> From: David Amos motomaniac333@gmail.com
>>
Date: Mon, 19 Nov 2012 11:36:04 -0400
>> Subject: This is a brief as I
can make my concerns Randy
>> To: randyedmunds@gov.nl.ca
>>
Cc: david.raymond.amos@gmail.com
>>
>>
In a nutshell my concerns about the actions of the Investment
Industry
>> affect the interests of every person in every district of
every
>> country not just the USA and Canada. I was offering to help
you with
>> Emera because my work with them and Danny Williams is well
known and
>> some of it is over eight years old and in the PUBLIC
Record.
>>
>> All you have to do is stand in the Legislature
and ask the MInister of
>> Justice why I have been invited to sue
Newfoundland by the
>>
Conservatives
>>
>>
>> Obviously I am the guy the
USDOJ and the SEC would not name who is the
>> link to Madoff and
Putnam Investments
>>
>> Here is why
>>
>>
http://banking.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=90f8e691-9065-4f8c-a465-72722b47e7f2
>>
>>
Notice the transcripts and webcasts of the hearing of the US Senate
>>
Banking Commitee are still missing? Mr Emory should at least notice
>>
Eliot Spitzer and the Dates around November 20th, 2003 in the
>>
following file
>>
>> http://www.checktheevidence.com/pdf/2526023-DAMOSIntegrity-yea-right.-txt.pdf
>>
>>
http://occupywallst.org/users/DavidRaymondAmos/
>>
>>
>>
---------- Forwarded message ----------
>> From: "Hansen, David" David.Hansen@justice.gc.ca
>>
Date: Thu, 1 Aug 2013 19:28:44 +0000
>> Subject: RE: I just called
again Mr Hansen
>> To: David Amos motomaniac333@gmail.com
>>
>>
Hello Mr. Amos,
>>
>> I manage the Justice Canada civil
litigation section in the Atlantic
>> region. We are only responsible
for litigating existing civil
>> litigation files in which the Attorney
General of Canada is a named
>> defendant or plaintiff. If you are a
plaintiff or defendant in an
>> existing civil litigation matter in the
Atlantic region in which
>> Attorney General of Canada is a named
defendant or plaintiff please
>> provide the court file number, the
names of the parties in the action
>> and your question. I am not the
appropriate contact for other
>> matters.
>>
>>
Thanks
>>
>> David A. Hansen
>> Regional Director |
Directeur régional
>> General Counsel |Avocat général
>> Civil
Litigation and Advisory | Contentieux des affaires civiles et
>>
services de consultation
>> Department of Justice | Ministère de la
Justice
>> Suite 1400 – Duke Tower | Pièce 1400 – Tour Duke
>>
5251 Duke Street | 5251 rue Duke
>> Halifax, Nova Scotia | Halifax,
Nouvelle- Écosse
>> B3J 1P3
>> david.hansen@justice.gc.ca
>>
Telephone | Téléphone (902) 426-3261 / Facsimile | Télécopieur (902)
>>
426-2329
>> This e-mail is confidential and may be protected by
solicitor-client
>> privilege. Unauthorized distribution or disclosure
is prohibited. If
>> you have received this e-mail in error, please
notify us and delete
>> this entire e-mail.
>> Before
printing think about the Environment
>> Thinking Green, please do not
print this e-mail unless necessary.
>> Pensez vert, svp imprimez que si
nécessaire.
>>
>>
>>>
>>> ----------
Forwarded message ----------
>>> From: David Amos motomaniac333@gmail.com
>>>
Date: Sat, 15 Jun 2013 02:23:24 -0300
>>> Subject: ATTN FBI Special
Agent Richard Deslauriers Have you talked to
>>> your buddies Fred
Wyshak and Brian Kelly about the wiretap tapes YET?
>>> To: boston@ic.fbi.gov, washington.field@ic.fbi.gov,
>>>
bob.paulson@rcmp-grc.gc.ca,
Kevin.leahy@rcmp-grc.gc.ca,
>>>
Brian.Kelly@usdoj.gov,
us.marshals@usdoj.gov,
Fred.Wyshak@usdoj.gov,
>>>
jcarney@carneybassil.com,
bbachrach@bachrachlaw.net
>>>
Cc: david.raymond.amos@gmail.com,
birgittaj@althingi.is,
>>>
shmurphy@globe.com,
redicecreations@gmail.com
>>>
>>>
FBI Boston
>>> One Center Plaza
>>> Suite
600
>>> Boston, MA 02108
>>> Phone: (617)
742-5533
>>> Fax: (617) 223-6327
>>> E-mail: Boston@ic.fbi.gov
>>>
>>>
Hours
>>> Although we operate 24 hours a day, seven days a week, our
normal
>>> "walk-in" business hours are from 8:15 a.m. to 5:00 p.m.,
Monday
>>> through Friday. If you need to speak with a FBI
representative at any
>>> time other than during normal business
hours, please telephone our
>>> office at (617)
742-5533.
>>>
>>>
>>> ---------- Forwarded
message ----------
>>> From: David Amos motomaniac333@gmail.com
>>>
Date: Mon, 10 Jun 2013 01:20:20 -0300
>>> Subject: Yo Fred Wyshak
and Brian Kelly your buddy Whitey's trial is
>>> finally underway
now correct? What the hell do I do with the wiretap
>>> tapes Sell
them on Ebay?
>>> To: Brian.Kelly@usdoj.gov,
us.marshals@usdoj.gov,
>>>
Fred.Wyshak@usdoj.gov,
jcarney@carneybassil.com,
>>>
bbachrach@bachrachlaw.net,
wolfheartlodge@live.com,
shmurphy@globe.com,
>>>
>> jonathan.albano@bingham.com,
mvalencia@globe.com
>>>
Cc: david.raymond.amos@gmail.com,
oldmaison@yahoo.com,
>>>
PATRICK.MURPHY@dhs.gov,
rounappletree@aol.com
>>>
>>>
http://www.bostonglobe.com/metro/2013/06/05/james-whitey-bulger-jury-selection-process-enters-second-day/KjS80ofyMMM5IkByK74bkK/story.html
>>>
>>>
http://www.cbc.ca/news/world/story/2013/06/09/nsa-leak-guardian.html
>>>
>>>
As the CBC etc yap about Yankee wiretaps and whistleblowers I must
ask
>>> them the obvious question AIN'T THEY FORGETTING
SOMETHING????
>>>
>>> http://www.youtube.com/watch?v=vugUalUO8YY
>>>
>>>
What the hell does the media think my Yankee lawyer served upon
the
>>> USDOJ right after I ran for and seat in the 39th Parliament
baseball
>>> cards?
>>>
>>> http://www.archive.org/details/FedsUsTreasuryDeptRcmpEtc
>>>
>>>
http://archive.org/details/ITriedToExplainItToAllMaritimersInEarly2006
>>>
>>>
http://davidamos.blogspot.ca/2006/05/wiretap-tapes-impeach-bush.html
>>>
>>>
http://www.archive.org/details/PoliceSurveilanceWiretapTape139
>>>
>>>
http://archive.org/details/Part1WiretapTape143
>>>
>>>
FEDERAL EXPRES February 7, 2006
>>> Senator Arlen
Specter
>>> United States Senate
>>> Committee on the
Judiciary
>>> 224 Dirksen Senate Office Building
>>>
Washington, DC 20510
>>>
>>> Dear Mr.
Specter:
>>>
>>> I have been asked to forward the
enclosed tapes to you from a man
>>> named, David Amos, a Canadian
citizen, in connection with the matters
>>> raised in the attached
letter.
>>>
>>> Mr. Amos has represented to me that
these are illegal FBI wire tap
>>>
tapes.
>>>
>>> I believe Mr. Amos has been in contact
with you about this previously.
>>>
>>> Very truly
yours,
>>> Barry A. Bachrach
>>> Direct telephone: (508)
926-3403
>>> Direct facsimile: (508) 929-3003
>>> Email:
bbachrach@bowditch.com
>>>
>>>
----- Original Message -----
>>> From: "David Amos" david.raymond.amos@gmail.com
>>>
To: "Rob Talach" rtalach@ledroitbeckett.com
>>>
Sent: Tuesday, June 12, 2012 10:59 PM
>>> Subject: Re: Attn Robert
Talach and I should talk ASAP about my suing
>>> the Catholic Church
Trust that Bastarache knows why
>>>
>>> The date stamp
on about page 134 of this old file of mine should mean
>>> a lot to
you
>>>
>>> http://www.checktheevidence.com/pdf/2619437-CROSS-BORDER-txt-.pdf
>>>
>>>
---------- Forwarded message ----------
>>> From: David Amos motomaniac333@gmail.com
>>>
Date: Wed, 21 Nov 2012 15:37:08 -0400
>>> Subject: To Hell with the
KILLER COP Gilles Moreau What say you NOW
>>> Bernadine
Chapman??
>>> To: Gilles.Moreau@rcmp-grc.gc.ca,
phil.giles@statcan.ca,
>>>
maritme_malaise@yahoo.ca,
Jennifer.Nixon@ps-sp.gc.ca,
>>>
bartman.heidi@psic-ispc.gc.ca,
Yves.J.Marineau@rcmp-grc.gc.ca,
>>>
david.paradiso@erc-cee.gc.ca,
desaulniea@smtp.gc.ca,
>>>
denise.brennan@tbs-sct.gc.ca,
anne.murtha@vac-acc.gc.ca,
>>>
webo@xplornet.com, julie.dickson@osfi-bsif.gc.ca,
>>>
rod.giles@osfi-bsif.gc.ca,
flaherty.j@parl.gc.ca,
toewsv1@parl.gc.ca,
>>>
Nycole.Turmel@parl.gc.ca,Clemet1@parl.gc.ca,
maritime_malaise@yahoo.ca,
>>>
>> oig@sec.gov, whistleblower@finra.org,
whistle@fsa.gov.uk,
>>>
david@fairwhistleblower.ca
>>>
Cc: j.kroes@interpol.int,
david.raymond.amos@gmail.com,
>>>
bernadine.chapman@rcmp-grc.gc.ca,
justin.trudeau.a1@parl.gc.ca,
>>>
Juanita.Peddle@rcmp-grc.gc.ca,
oldmaison@yahoo.com,
>>>
Wayne.Lang@rcmp-grc.gc.ca,
Robert.Trevors@gnb.ca,
>>>
ian.fahie@rcmp-grc.gc.ca>
>>>
>>>
http://www.rcmp-grc.gc.ca/nb/news-nouvelles/media-medias-eng.htm
>>>
>>>
http://nb.rcmpvet.ca/Newsletters/VetsReview/nlnov06.pdf
>>>
>>>
From: Gilles Moreau Gilles.Moreau@rcmp-grc.gc.ca
>>>
Date: Wed, 21 Nov 2012 08:03:22 -0500
>>> Subject: Re: Lets ee if
the really nasty Newfy Lawyer Danny Boy
>>> Millions will explain
this email to you or your boss Vic Toews EH
>>> Constable
Peddle???
>>> To: David Amos motomaniac333@gmail.com
>>>
>>>
Please cease and desist from using my name in your
emails.
>>>
>>> Gilles Moreau, Chief Superintendent,
CHRP and ACC
>>> Director General
>>> HR
Transformation
>>> 73 Leikin Drive, M5-2-502
>>> Ottawa,
Ontario K1A 0R2
>>>
>>> Tel 613-843-6039
>>>
Cel 613-818-6947
>>>
>>> Gilles Moreau, surintendant
principal, CRHA et ACC
>>> Directeur général de la Transformation
des ressources humaines
>>> 73 Leikin, pièce
M5-2-502
>>> Ottawa, ON K1A 0R2
>>>
>>> tél
613-843-6039
>>> cel 613-818-6947
>>> gilles.moreau@rcmp-grc.gc.ca
>>>
>
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515 King Street, which houses NB Power and Bank of Montreal, made the list for its overuse of squares. (Philip Drost/CBC)
Scott
Stoll is the lawyer representing New Brunswick's three municipal
utilities. He called an expert witness Tuesday suggesting the EUB order
NB Power to suspend rate relief plans for commercial customers. (Robert Jones/CBC)
However,
for historical reasons the utility acknowledges its commercial and
institutional customers, including small businesses, commercial
properties and government bodies, are charged at least $30 million too
much for the power they consume given the cost to provide them service
Saint
John Energy is the largest of three municipal utilities in New
Brunswick along with Energy Edmundston and the Perth Andover Electric
Light Commission. (Saint John Energy)
In
2017, NB Power promised to resolve the matter over 10 years by offering
commercial customers smaller rate increases than other customers.
U.S.
energy expert Robert Knecht told the EUB hearing heard evidence suggest
commercial and industrial customers have been overcharged for almost
three decades. (Robert Jones/CBC NEWS)
But not everyone was buying that argument as genuine.
The Muskrat Falls spillway showing two of its five gates open. (Twitter/Nalcor)
The
guarantees have helped the project win significantly lower interest
rates than it could have gotten with provincial government backing alone
and that has led Desmond to ask if a similar arrangement might work for
Mactaquac.
NB Power vice-president Darren Murphy seemed intrigued by the idea of a federal guaranteed loan. (Robert Jones/CBC NEWS)
"I guess it would have the potential to," answered Murphy.
A nine-year renovation of the dam is expected to begin in 2027. ((CBC))
The
province's debt, not including NB Power, is expected to surpass $14.4
billion this year, which is up 105 per cent in the past 11 years. 
EUB vice-Chairman Francois Beaulieu, centre, is allowing everyone to have their say at NB Power's slow moving rate hearing. (Robert Jones/CBC NEWS)
Those
two matters were supposed to have been put to rest by the end of last
week but continue to be probed in detail by multiple parties registered
to participate at the hearings.
Anti-smart
meter activist and St. Louis de Kent dentist Roger Richard, left, and
environmentalist Daniel LeBlanc spent hours questioning NB Power
witnesses. (Robert Jones/CBC NEWS)
Those
participants include environmentalist Chris Rouse, anti-smart meter
activist and St. Louis de Kent dentist Roger Richard and political
hopeful Gerald Bourque, the leader of the fledgling KISS N.B. Political
Party.
Chris Rouse uses vacation days from his regular job to participate in NB Power rate hearings. (Robert Jones/CBC NEWS)
On
Friday, Rouse, who uses vacation days from his regular job to attend NB
Power hearings, unsuccessfully attempted to have himself declared an
expert witness at the hearing so he could give his own opinion on
evidence he had previously filed.
Jacqueline Duda Lemmerhirt, an NB Power consultant from Maine, said smart meters pose no risk to public health. (Robert Jones/CBC NEWS)
Daniel LeBlanc, a well-known New Brunswick environmentalist, is claiming smart meters pose a risk to public health. (Robert Jones/CBC NEWS)
NB
Power is in front of the New Brunswick Energy and Utilities Board in
Saint John for a 12-day hearing in part seeking permission to spend
$122.7 million to install 350,000 smart meters provincewide. 
James
Douglas, an Ontario-based consultant working for NB Power, said Health
Canada does not give any significant weight to health arguments against
smart meters. (Robert Jones/CBC NEWS)
Douglas
led the hearing through evidence accepted in a similar hearing in
British Columbia that showed using a cordless phone or a microwave oven
would deliver between 600 and 1,200 times more exposure to RF emissions
than standing in front of a bank of 45 smart meters.
McGill University physicist Paul Heroux said the risk smart meters pose is greater than what Health Canada has stated. (Robert Jones/CBC NEWS)
"I
was part for many years of committees that (developed) these standards
so I know the people who did this. I know how it was done so I can tell
you where these diverging opinions come from," said Heroux.
NB Power Senior VP Operations Lori Clark speaks during the EUB hearings Friday in Saint John. (Robert Jones/CBC NEWS)
Thousands of pages of evidence on a number of issues, including smart meters, have been submitted for the 12-day hearing.
In
British Columbia, power customers are charged a meter reading fee of
$32.40 per month if they refuse a smart meter, or $20 per month if they
accept a smart meter but insist its radio transmitter be turned off.
That's a cost of between $240 and $388.80 per year for customers to opt
out.
Smart
meter opponent Roger Richard, right, leads a group worried about human
health problems caused by long term exposure to the devices. (Robert Jones/CBC NEWS)
The
meters are capable of transmitting consumption data of customers back
to NB Power in real time, which the utility said will allow for a number
of innovations in pricing and service.
Lori Clark, NB Power's vice president of operations, fielded questions about the cost and benefits of the smart meters plan. (Robert Jones/CBC NEWS)
The
board has the power to approve or reject NB Power projects that cost
more than $50 million, including the smart meter project.
Smart meters became the focus on the first day of the annual rate hearing. (Ryan Pilon/CBC)
NB
Power said the meters, and an aggressive new package of consumer energy
conservation initiatives, will help it soften expensive wintertime
consumption peaks on its system and is the key to lowering costs and
avoiding the construction of new power plants — advantages it did not
fully detail in its proposal.
Christopher Stewart, a lawyer for J.D. Irving Ltd., described the smart meter plan as a "money loser." (Robert Jones/CBC NEWS)
NB Power's planned smart meter deployment will be scrutinized at the EUB hearing. (CBC)
Thousands
of pages of evidence have been filed on issues connected to the hearing
since October and some of that has come from experts pushing back
against NB Power's various plans.
NB Power worker picturing cleaning up after post-tropical storm Arthur. (CBC)
It
is seeking approval for a mechanism to isolate and charge customers
extra for costs caused by "an extraordinary event or circumstance beyond
the control of the company". But opposing experts who worry that could
develop into a blank cheque for the utility are lined up against that
idea as well.
Premier
Brian Gallant said he wrote to NB Power president Gaëtan Thomas
directly so as not to 'interfere' in the ongoing hearing process. (Canadian Press)
Brady
Yauch, executive director of the Consumer Policy Institute, is urging
the EUB to accept or reject the idea of a storm surcharge solely on its
merits. (Consumer Policy Institute)
Premier
Brian Gallant sent a letter to Saint John Mayor Don Darling suggesting
the province was so close to defaulting on its financial obligations in
2014 that Ottawa prepared contingency plans for how to deal with a
bankruptcy. (Rachel Cave/CBC)
Energy and Utilities Board chair Raymond Gorman says the board has delayed the rate design hearing for one year. (Pat Richard/CBC)
NB
Power has been under pressure from the EUB to better match prices it
charges for electricity to the cost of producing and distributing power.
That could see consumers paying substantially different prices for
power between summer and winter — even between day and night. 
John
Furey, NB Power's senior legal counsel, argued for the delay in the
rate design hearing until the utility installs smart meters, which
record power usage more frequently. (LinkedIn)
Because those who heat with electricity consume large
amounts of power during high-demand cold snaps, the rate design process
is generally expected to result in higher costs for that group. 
Opposition
Leader Blaine Higgs, who was the finance minister before Gallant became
premier, says there were no discussions with Ottawa around New
Brunswick not paying its bills and Ottawa developing a plan to deal with
that. (Jacques Poitras/CBC)
NB
Power's claim against the insurers over the delays and cost overruns
during the Point Lepreau nuclear generating plant refurbishment is for
$320.1 million. (CBC News)
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