NB Power's proposed rate increase is based on stale data, lawyer tells EUB
66 Comments Commenting is now closed for this story.
David Amos Surprise Surprise Surprise
David Amos Reply to @David Amos: Go Figure
"Stoll and Black both suggested the EUB could set rates at any level it
considered "fair and reasonable," while J.D. Irving Ltd. lawyer
Christopher Stewart and NB Power lawyer John Furey both said notice
would likely be required."
David Amos Reply to @David Amos: Enjoy
New Brunswick Energy and Utilities Board
Commission de L’Energie et des Services Publics N.-B.
Matter 430
IN THE MATTER OF an application by New Brunswick Power Corporation
for approval of the schedules of the rates for the fiscal year
commencing April 1, 2019, and other relief as outlined in NB Power’s
application
Held at the Delta Hotel, Fredericton, N.B., on May 9th 2019.
Page 115
CHAIRMAN: All right. So just before we get started, I should indicate
as well that we have allocated 15 minutes for each of the presenters
this evening. So we will start with David Amos.
MR. AMOS: First I guess I should thank you for your signature, sir. I
am probably the only man that wanted to intervene that you barred twice
thus far. At least this time I have your signature, that and Mr.
Herron’s and Mr. Costello. Everybody knows I ran against Mr. Herron in
the election of the 38th parliament. And his lawyer, another Queen’s
Counsel, David Lutz never answered me. So I filed the very same
documents that I served upon Mr. Herron and David Lutz in 2004. That
said, at that time, I believe you were the lawyer for the Saint John
utilities.
Anyway, Mr. Furey of NB Power, in his opposition to my intervening
this time, didn’t think my whistle blowing efforts against KPMG amounted
to anything, even though I gave you the proof I was conferring with
Diane Lebouthiller, the Commissioner of Revenue Canada. Well if you
don’t think a whistle blower who understands the malice of a law firm
and an accounting firm has the right to intervene, who also owns
property here and is a ratepayer, I don’t know who is. If you had said
such things of Stephen Harper, he would consider it libel. So do I.
David Amos
Reply to @David Amos: Continued
The other two fellows that signed, Mr. Herron and Mr. Costello are not
lawyers. But Mr. Costello and Mr. Ewing both worked for Bell Aliant.
If you looked at the documents I sent, I even had a request for
information from their former lawyer for Bell back in 2004. It took
them four days to print my files.
Anyway, when I first intervened in the 357 Matter, and you asked me
why I intervened, I introduced myself. And I said every lawyer in the
room knows who I am. And you do. And you did not stop me from
intervening in the 357 Matter and I thank you for that. I am still an
intervener in that Matter.
The next hearing they take -- or Mr. Furey takes documents from the
357 Matter, takes out certain documents, uses them against me and you
barred me without one word in writing. I opposed you delaying the 357
Matter with a proper motion and you never answered that motion. When
you barred me just before you were done, you never put anything in
writing. So the last time I said, fool me once shame on you, fool me
twice shame on me. Now Mr. Furey filed a bunch of documents and then
accused me of things I did not say from a transcript where I was never
given a recording of it. I never threatened to kill anyone. Who are
you people to say any different. That said, the last thing I said to
you, Mr. Gorman, is do you understand the documents that are already on
file. You wouldn’t answer me.
David Amos
Reply to @David Amos: Continued
Mr. Herron, who I have debated in several debates, looked like a deer in
the headlights. He wouldn’t say one word the whole time we were there.
As I explained to you, this is a rate increase hearing. When -- the
last meeting we had at the 357 Matter, none of you guys knew what to do
because Mr. Gallant wanted to be Premier again. His people appointed
you to be Chair again.
David ****, the -- who had lots to say about NB Power when he was
just a guy, was now opposing Mr. Gallant’s promise to freeze rates for
at least three years. Well Mr. Gallant isn’t Premier. However, a
Cabinet Minister’s wife, you allowed to intervene halfway through a
hearing. Interesting. Then as soon as Mr. Higgs becomes Premier, NB
Power all of a sudden wants a rate increase. Ain’t that interesting.
Where is the Green Party.
Now when I first intervened in the 357 Matter, you didn’t want my friend
Gerald Bourque to intervene because he is a leader of a fledgling
political party. He is still intervening. Gerald Bourque, my friend
Roger Richard who I will back up till the cows come home and I all ran
in the last provincial election. My friend Roger Richard clearly stated
his issues were Smart Meters. You should still not allow Smart Meters
until the 357 Matter is heard. I am still an intervener there.
David Amos
Reply to @David Amos: Continued
I will address your libel against me in the proper venue. In my opinion
that’s federal court. You are a Queen’s Counsel, you are probably
aware that New Brunswick does not have a constitution. I filed the
documents that proved that I was involved in a National Energy Board
matter in Saint John while you were a counsellor for the Utilities. Mr.
Morrison, who is hearing a trial of a friend of mine’s murder, Dick
Oland, was NB Power’s lawyer at the National Energy Board hearing. Did
not surprise me when Mr. Furey took out his boss’ documents from those
days. He used to work for Brad Green. And yet inserts a judgment by
Mr. Morrison of Patterson & Palmer about barring some woman to speak
because she is frivolous and vexatious. I don’t know why you think
because some woman is frivolous and vexatious that I am too. I am no
less a man than you.
Now as far as these people in New Brunswick goes, I do speak on behalf
of my fellow New Brunswicker. The average income, from what I read in
CBC, of a New Brunswicker is about 31,000. I bet you there is not one
soul in this room that makes over double that. From these -- most folks
to make a salary of 31,000, it is comprised of a lot of people that
make a lot less than 31,000 and then a lot of people that make a lot
more, like the people in this room. But a lot of people are like me,
seniors getting by on old Age pensions and Canada Pension or people
working at Tim Hortons and trying to raise a couple of kids. And a lot
of folks have to balance their heat bill versus their grocery bill or
their pharma bill.
David Amos
Reply to @David Amos: Continued
And yet NB Power has got all kinds of money for their highest paid
employee, a Yankee who makes like $750,000 to invest in mini nucs and
try to peddle them around the world. Well the last thing I know about
NB Power, its mandate, is to provide my fellow New Brunswickers reliable
energy at a reasonable price. You make lots of electricity now, in
fact, you sell it to other jurisdictions. I used to be in business. I
would like to have $1.7 billion in sales, owed 5 billion. I think I
would get out of debt pretty quick. You are supposed to have 20 percent
equity before you invest in Mactaquac. Just from what I look at the
books, what KPMG says we have for assets I think is what, 6.7 billion,
book value nearly 5 billion. Well the difference between book value and
what the assets are, you are already over 20 percent equity. There is
no need for a price increase. There is no need to borrow money to
invest in mini nucs for the benefit of a bunch of Yankees. I find all
of this very aggravating. The reason that you bar me is because I sue
lawyers and love to argue.
Mr. Gorman, you and I will meet in another court. In my humble opinion, you need a lawyer. Good evening.
CHAIRMAN: Thank you, Mr. Amos. All right. Next we will have Frank Jopp.
MR. JOPP: Good evening.
CHAIRMAN: Good evening.
David Amos Methinks
whereas the Toronto lawyer laments of stale data I brighten up the
scene a bit. In the spirit of full disclosure I wish to inform my fellow
NB Power customers who are also stakeholders in the aforesaid Crown
Corp that the Fat Lady ain't sung on data harvesting just yet. Some
folks must recall the EUB delayed the 357 Matter until after the last
election during which Gallant was promising no more NB Power rate
increases for a few years? Well it began again last fall but the EUB
board informed us last week that they are gonna allow NB Power to make
another stab at the proposed $122M purchase of smart meters fairly soon
while the 357 Matters drags on and on and on.
EUB punts rate hearing as NB Power studies $122M smart meter plan
Robert Jones · Posted: Sep 26, 2017 6:00 AM
"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."
Marguerite
Deschamps Have no fear, David Amos to the rescue!
Johnny Jakobs
Reply to @Marguerite
Deschamps: wow! Someone that try's to hold NB Power accountable and you
sarcastically mock him. Are you a housewive of Point Lepreau?? What's
your issue??
Harold Benson
Reply to @Johnny Jakobs: Exactly.
David Amos
Reply to @Johnny Jakobs: Thank You Kind Sir
Marguerite
Deschamps I see that Davie is your hero now!
Harold Benson Reply to @Johnny Jakobs: Keeps us well informed about the b s that goes on at that place.
Harold Benson
Reply to @Marguerite
Deschamps: Dave knows more about the shenanigans that go on at NB power
than anyone does. I listen to him on the subject before Gaytan or any of
those guys.
Johnny Jakobs
Reply to @Marguerite Deschamps: lol... says the housewive of Point Lepreau. You obviously profit from NBPower.
Roy Kirk If
notice is require for the board to exercise its discretion in setting
rate, then such notice should have been given as part of the board's
original notice of hearing. But it seem to me that the requirement for
such notice fetters the discretion of the board to set a rate that's
fair based on the evidence it has seen during the hearing. The EUB
should be able to vary nbp proposals up or down, not just down, And the
fact of the hearing constitutes notice that a fair fate will be set.
Of course, given past practice in gerrymandering nbp rates to serve
well-connected interests, it's understandable that such interests would
like that to continue.
David Amos
Reply to @Roy Kirk: "The EUB should be able to vary nbp proposals up or down,"
Methinks the EUB proved that fact last year N'esy Pa?
"But the smart meter rejection was just the beginning of the bad news for NB Power.
The board also disallowed $8.7 million in costs NB Power had sought
approval for in its application and ordered the utility to reduce its
application for a 1.5 percent rate increase accordingly.
"The Board concludes that it is appropriate in this matter to apply the
cost disallowances to reduce the requested average rate increase," read
the decision.
That is likely to reduce the approved rate increase for customers this
year to one percent, although it is up to NB Power to recalculate what
the precise reduction will be and submit that back to the EUB next week
for approval."
Roger Thompson Maybe
if the corporation was under competent management and instead of
diverting monies from real progress into magic JOI beans the residence
of New Brunswick would feel some comfort. Why do they not look at some
real funding for solar subsidies for residential, put a REAL incentive
to users reducing their demand of the grid and building a distributed
system and self sufficient energy. We are quickly heading towards a
cliff for energy demand and available resources. Put a real effort
towards real progress, not some imaginary pot of gold. How many times
must New Brunswick people be boondoggled by this corporation. Coleson
Cove, Beldune, Point Lepreau refit, Orimulsion, NB Power is and always
has been a New Brunswick Joke.
Johnny Jakobs
Reply to @Roger Thompson: Well said!
David Amos
Reply to @Roger Thompson: "NB Power is and always has been a New Brunswick Joke"
Welcome to the Circus
John Valcourt These
companies can manipulate any information they want to justify an
increase. They all do it. But until this company stops wasting money on
big fat bonuses and high wages, especially for a government owned
company, or basically one that we own they shouldn't be raising rates.
David Amos
Reply to @John Valcourt: "These companies can manipulate any information they want to justify an increase"
The lawyers do the same all day long in order to promote their client's
interests. This Scott Stoll, a snobby lawyer from Toronto speaking for
Saint John et al is a very good example. I wonder if he had bothered to
read my document on file within the EUB. If Stoll had done so he would
have noticed i was arguing a US Attorney and Yankee Attorney General
and legions of Yankee lawyers before he was ever admitted to the Ontario
Bar. Trust that early on within the EUB 357 Matter I made Stoll well
aware of my concerns about his association with Hugh Segal as the
Senior Strategic Advisor to his law firm. Need I say I was not surprised
when Stoll asked the EUB to bar me form the hearings after Peter Van
Loan a former Minister of Public Safety under Harper.became a new law
firm partner of his? Trust that Stoll knows that he needs a lawyer to
speak for him in short order or my name ain't "Just Dave"
Methinks folks should Google "Harper and Bankers" sometime N'esy Pas?
June Arnott We
sooo need someone to stand up to government and crown corporations. It
is insane that there are BONUSES when the company is not making enough
and in debt.
David Amos
Reply to @June Arnott: Methink I should introduce you to my friend Roger Richard N'esy Pas?
David Amos Reply to @David Amos:
New Brunswick Energy and Utilities Board
Commission de L’Energie et des Services Publics N.-B.
Matter 430
IN THE MATTER OF an application by New Brunswick Power Corporation
for approval of the schedules of the rates for the fiscal year
commencing April 1, 2019, and other relief as outlined in NB Power’s
application
Held at the Delta Hotel, Saint John, N.B., on May 28th 2019.
Page 902
VICE-CHAIRMAN: So I guess we are done, Mr. Stewart, with you. Docteur
Richard, est-ce que vous avez des arguments finals a présenté à la
Commission?
DR. RICHARD: Oui.
VICE-CHAIRMAN: Peut-être - venir en avant ici. Est-ce que vous allez faire ça en français ou en anglais?
DR. RICHARD: En français. Je l’avais préparé en français.
VICE-CHAIRMAN: Okay. So, Mr. Furey, Dr. Richard is going to do this in French, so, I don’t know if you the -- your hearing --
MR. FUREY : We are getting them, Mr. Vice-Chair.
VICE-CHAIRMAN: Okay. Thank you. Peut-être attendre quelques instants,
Docteur Richard. Unfortunately Mr. Furey, I don’t know which channel it
is. It’s number one? Okay. You’re ready Mr. Furey? Docteur Richard?
David Amos
Reply to @David Amos: Continued
DR. RICHARD: A Google Translation
Mr. President, dear fellow citizens.
It's nice to see people of all ages talking so enthusiastically
about something that is essential to our modern life. I also notice that
they are concerned about their health. This environment was only
revealed to me during the 375 instance.
For a long time I have had concerns about decisions that are made
without considering the effects on health, the environment and our
financial situation.
It is important to realize that rapid advances in information technology
and biotechnology are not being followed at the same pace by government
health and environmental protection services. Dr. Héroux has clearly
explained why it will take time for Health Canada to realize and manage
the dangers of these new technologies.
As long as manufacturers are not governed by a strong government
control system, they are going to put appliances on the market as it is
currently approved, but not necessarily on what is reasonable for people
and the environment. You have to know that there are places where
people have decided to use an advanced metering infrastructure, AMI,
which communicate using a wire and not Wi-Fi. They have made that choice
for health reasons. For the moment, it is up to our small group to
decide what is appropriate for our 750,000 citizens.
David Amos
Reply to @David Amos: Continued
I encourage you to wait in your purchases, a long pause. Please, contact
independent persons. Last Friday, May 24, Mr. Todd told us that NB
Power compares very well with other energy companies in the country even
though we do not have the IMA.
NB Power does not have the mandate to charge for electricity on a
variable basis over time, which is the main reason for the AMI. In
addition, one of the decisions of the 375 instance was to refuse the
AMI. Is not it a bit premature to do an AMI test in the city of Shediac?
Our former Gallant Government bequeaths a curious heritage to this
city.
When I talk about buying new technologies, I'm not talking just about
the AMI, but about glyphosate herbicide and the blue light of street
lights, LEDs. We must add the new mini-nuclear power plants with their
toxic residues that will add to those of the Pointe-Lepreau generating
station in addition to the costs necessary to eventually dismantle them.
We must also talk about the new hydrogen production plants of the
company Joi Scientific. For this last adventure, we have not yet had the
presence of mind to design a plan to eliminate the bleach produced by
this process but we get involved head first.
Hopefully, this period of reflection may allow us to realize that the
reconstruction of the Mactaquac Dam is not for the good of the people.
All of these projects create unnecessary challenges for our people, our
environment and our finances.
David Amos
Reply to @David Amos: Continued
New Brunswick is well ahead of other jurisdictions because of our small
size. Indeed, it is quite easy for us to change direction unlike a big
province. In addition, it can delay the deployment of a technology
without being noticed too much by anyone. In doing so, we have the
opportunity to benefit from the experience of others. This way of doing
things can save us a lot of headaches.
Our health system is already overused. Our environment is in a pitiful
state. And what about the financial situation of Energy New Brunswick or
the province? A small error of judgment can have a devastating effect.
During this time of reflection, pay our debt. Let's buy neighboring
provinces electricity from hydroelectric dams to help us survive the
coldest months of the year. This electricity, purchased from our
neighbors, will prevent us from producing nuclear power or hydrocarbons.
It is also a good plan for us to avoid the Ottawa carbon tax.
Finally, thank you for taking the time to listen to me. I also thank all
the staff who manage these meetings. Especially secretaries,
translators, stenographers.
David Amos
Reply to @David Amos: Continued
VICE-CHAIRMAN: Merci, Docteur Richard.
MR. HERRON: Thank you, Mr President. Maybe it's a chance for me to
practice my French a bit. I hope Mr. Richard can have a little patience
with that. I have a question. This topic was a subject where we
discussed before with Mr. Stewart and Mr. Furey at the same time. This
question is about the costs of ice storms, wind and floods. Do you have a
preference for - averaging 3 years, 4 years or 10 years? Do you have a
position on this issue?
DR. RICHARD: I tend to think that - our average should be as fair as possible, so 3 years or 5 years.
MR. HERRON: Merci. Ça c’est tout.
VICE-CHAIRMAN: Monsieur Costello, est ce que vous avez des questions?
Merci beaucoup. Vos arguments finals, Docteur Richard, sont bien
apprécies. Merci.
CHAIRMAN: Thank you, Dr. Richard. We will adjourn for approximately
an hour and come back as close to 1:00 as possible at which time we will
hear submissions form Mr. Stoll and from Ms. Black and rebuttal. So we
will adjourn until 1:00.
Alex Butt To
no surprise nb power is once again asking for more from residential
rate payers. We are all just endless sources of money so Mr thomas &
co can get rich and waste millions on magic cures.
June Arnott
Reply to @Alex Butt: MORE BONUS MONEY FOR HIM
David Amos
Reply to @June Arnott: YUP
Mike Miles Wow,
so you have 5 year old "sales" data and your trying to set a price
today based off that data?? Honestly where do they get these people
from? Not the business world I'll tell you that!
Harold Benson
Reply to @Mike Miles: That 's exactly where they came from.......
Mike Miles
Reply to @Harold Benson: I guess that the saddest part.
David Amos
Reply to @Mike Miles:
Methinks the Irving Clan and everybody else and his dog who has been in
business knows that its a dog eat dog world and that he with the gold
makes the rules N'esy Pas?
Mike Miles Reply
to @David Amos: Methinks they are public companies, owned by (wait for
it) US!!!! So privatize or give the owners a say, I think the board or
at least CEO's for Crown Corps should be elected. Imagine, they would
have to present a clear concrete plan for growth and management. Sure
they may not listen, but then they are gone after their term. Not there
to mess things up for decades.
David Amos
Reply to @Mike Miles:
Methinks you should download the documents from this hearing and
checkout the deals NB Power is making with the publicly held Yankee
company known as Emera N'esy Pas?
Daryl Doucette
They need more money to invest in shady schemes....fill your pockets lads. Everyone else does.
David Amos
Reply to @daryl doucette: Methinks many a true word is said in jest N'ey Pas?
Daryl Doucette
Reply to @David Amos: oh yeah.
Bloody Macbeth
Reply to @David Amos: Methinks N'esy Pas must of been word of the day on Pee-Wees Playhouse.
David Amos
Reply to @Bloody Macbeth: Methinks the old bard said Lady Macbeth doth protest too much N'esy Pas?
Brian Robertson
Just lock the rate increases to the rate of inflation.
This annual farse is such a waste of time. money and resources.
David Amos
Reply to @Brian Robertson: "This annual farse is such a waste of time. money and resources."
I Wholeheartedly Agree Sir Methinks that is why the greedy lawyers
illegally bar me from intervening and spoiling their games with our
money N'esy Pas?
NB Power's proposed rate increase is based on stale data, lawyer tells EUB
Energy and Utilities Board is expected to decide on rates next month, with new rates taking effect July 1
Scott
Stoll, a lawyer representing municipal utilities in Saint John,
Edmundston and Perth-Andover, told the hearing NB Power data didn't take
into account the changes residential customers have made to reduce
consumption. (Graham Thompson/CBC)
NB Power's case for raising rates on
residential customers 2.9 per cent while other other customers get
smaller increases is based on stale and unreliable data and should be
rejected, the Energy and Utilities Board was told Tuesday.
The EUB concluded six days of hearings into NB Power's request for an average 2.5 per cent rate increase this year.
The
proposed increase includes a 2.9 per cent hike for residential
customers offset by lesser 1.7 per cent increases for others, including
commercial, institutional and small industrial customers.
Scott
Stoll, a lawyer representing municipal electric utilities in Saint
John, Edmundston and Perth-Andover, told the hearing the "differential"
was unfair to residential customers because the rationale behind it is
untrustworthy.
"We have some fundamental basic issues of where we are," said Stoll.
"Given the level of comfort we have in the accuracy of the data, how can this board be assured it is fixing the real problem?"
On
Tuesday, the Energy and Utilities Board concluded six days of hearings
into NB Power's request for an average 2.5 per cent rate increase this
year.
In previous hearings, the
EUB has ruled customers should be paying rates high enough to cover at
least 95 per cent of the costs they cause NB Power. The utility's
current estimate is that residential customers pay only 93 per cent.
But
Stoll argued the estimate is based on limited and unreliable
five-year-old information that has not been adjusted to incorporate
recent changes residential customers have made in their consumption
patterns, including the installation of thousands of residential heat
pumps across New Brunswick.
"Known errors are added on known errors," Stoll said. "Are we to have confidence that we have the appropriate remedy?"
The
EUB has an entire hearing scheduled for later this year to sort through
who should be paying what for electricity sold by NB Power.
Wants issue investigated
Stoll
recommended giving every customer group the same 2.5 per cent rate
increase now and re-evaluating whether residential customers should pay
more after the issue is investigated more thoroughly.
Also questioning the size of the residential rate increase was Heather Black, the public intervener
She
told the hearing if NB Power had used a different cost evaluation
method and residential customers got credit for what they spend on water
heater rentals, they would already be paying more than 95 per cent of
their costs.
"I submit the board should consider adopting a
method of applying differential rate increases that's less punishing to
residential ratepayers," said Black.
Public
intervener Heather Black questioned the size of the residential rate
increase, which is higher than the proposed increase for industry. (Graham Thompson/CBC)
She
endorsed a proposal that would see NB Power get an average increase of
2.5 per cent but with slightly less of that coming from residential and
commercial customers than NB Power proposes and more coming from
industrial, small industrial, wholesale and other customers.
"As a
matter of fairness to residential ratepayers, who will be subject to a
higher than average rate increase, in my view the board should consider
applying its own judgment in setting differential rates to accomplish a
more fair distribution of the burden," said Black.
Raymond Gorman,
the EUB chair, asked whether the board could make a change that would
impose higher rate increases on some customers than NB Power had asked
for without first notifying those customers and giving them an
opportunity to respond.
Stoll and Black both suggested the EUB
could set rates at any level it considered "fair and reasonable," while
J.D. Irving Ltd. lawyer Christopher Stewart and NB Power lawyer John
Furey both said notice would likely be required.
A decision from the EUB is expected next month with new rates likely to take effect July 1.
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.
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