N.B. Power lawyer John Furey argued against the utility being made to
supply updated cost numbers it generated internally in January for the
coming year. He accused J.D. Irving Ltd. of cherry-picking information
to support its case undermining the utility's rate increase request. (Ed Hunter/CBC)
NEW BRUNSWICK ENERGY and UTILITIES BOARD
COMMISSION DE L’ENERGIE ET DES SERVICES PUBLICS N.-B.
Matter 541
Relating to an application by New Brunswick Power Corporation pursuant to subsection 103(1) of the Electricity Act for approval of the Schedule of Rates for the fiscal year commencing April 1st 2023.
Relativement à une demande présentée par la Société d’énergie du Nouveau-Brunswick en vertu du paragraphe 103(1) de la Loi sur l’électricité pour l’approbation des barèmes des tarifs pour l’exercice financier commençant le 1er avril 2023.
Held via Videoconferencing, on November 9, 2022.
Members of the Board:
Mr. Francois Beaulieu - Chairperson
Ms. Heather Black - Member
Ms. Stephanie Wilson - Member
Counsel to Board Staff - Ms. Abigail Herrington
............................................................
CHAIRPERSON: So welcome, everyone or good morning. This is a pre-hearing conference in Matter 541 relating to an application by New Brunswick Power Corporation pursuant to subsection 103(1) of the Electricity Act for approval of the Schedule of Rates for the fiscal year commencing April 1st 2023.
As this pre-hearing is open to the general public and to the media, I would ask these individuals to mute and disable their cameras. Simultaneous translation is available at the bottom of your screen. If you look, there is an icon that states interpretation. So you are able to activate either the French or English translation. And any recording or broadcasting of this pre-hearing conference is strictly prohibited.
So, Mr. Furey, I was looking at the documents that were filed on behalf of your client yesterday and did notice that there was an Affidavit of Publication dated October 18th 2022 which confirms that items 4 and 5 of the Board order dated October 17 have been complied with. So thank you for filing that Affidavit of Publication.
There are a number of parties that have filed intervener requests in this proceeding. So I think the first thing that we are going to do this morning before talking about dates and schedules is to confirm those parties -- or to confirm or to -- should I say to grant intervener status to the parties that have applied for intervener status.
So the first one is the Canadian Federation of Independent Business, and I am wondering if Mr. Gauthier or Mr. Gionet is with us this morning or somebody else from that association?
MR. GIONET: Yes. Mr. Gionet here for the -- here representing the CFIB.
CHAIRPERSON: Thank you, Mr. Gionet. So the Board’s rules of procedure -- if there are any issues regarding any parties requesting intervener status, a party is requested -- or anyone is requested to file an objection. We haven’t received any objections regarding -- with respect to the Canadian Federation of Independent Business. However, at this point in time, I will ask if anyone has any objections that the Canadian Federation of Independent Business intervenes in this proceeding?
MR. FUREY: No, objection, Mr. Chair.
CHAIRPERSON: So hearing no objections from any other parties in this proceeding, the Canadian Federation of Independent Business will be granted intervener status. I am wondering if there is anybody from the Coalition for Responsible Energy Development in New Brunswick? Are there any objections that the Board grants intervener status to this Coalition from any of the parties? So hearing no objections, the Board will grant the Coalition for Responsible Energy Development in New Brunswick intervener status in this proceeding.
Is anyone from the Conservation Council of New Brunswick?
DR. COMEAU: Present. Louise Comeau.
CHAIRPERSON: So, good morning, Dr. Comeau. Any of the parties that are present today that has any objections that the Board grants intervener status to the Conservation Council? So hearing no objections, the Board will grant intervener status to the Conservation Council of New Brunswick.
Mr. Amos, David Amos, I am wondering if -- I don’t know if you have a video or if you are calling in, Mr. Amos?
MR. AMOS: Yes, I am on a cell phone.
CHAIRPERSON: All right. So Mr. Amos has filed an intervener request in this proceeding. Does anybody have any objections that he intervenes in this proceeding?
MR. FUREY: Mr. Chair, NB Power is not objecting to Mr. Amos being granted intervener status at this point. But I do have a few comments to make with respect to his intervention.
As the Board knows, NB Power did object to intervention by Mr. Amos in Matters 375 and Matter 430. And in both cases the Board did not grant Mr. Amos intervener status.
I am not going to go into a great deal of detail for why the Board did so, but would refer the Board to its decision in Matter 430, dated February 25th 2019. And the argument that NB Power made at that time and was accepted by the Board is that Mr. Amos’ conduct in past proceedings has been one of confrontational behaviour where he makes allegations of lawlessness and unethical behavior on the part of judges, on the part of counsel, on the part of Members of this Board. So NB Power is hoping that Mr. Amos will put that behind him and intervene in this matter in a responsible manner. But if he does not do so and he reverts to previous conduct, NB Power will ask the Board to revisit this issue.
CHAIRPERSON: So my understanding, Mr. Furey, is that your client is not objecting at this point in time, but depending on the conduct, you may either file a motion or inform the Board that his -- if the Board grants intervener status, that it be revoked, is that my understanding?
MR. FUREY: That’s correct, Mr. Chair.
CHAIRPERSON: Okay. Thank you. Does anyone else have any comments to make regarding the intervener request that has been filed by Mr. Amos?
So, Mr. Amos, the Board will grant you intervener status in this matter. However, I just would like to remind you that the rules of -- the Board’s Rules of Procedure are quite clear that an individual that -- or an organization that participates in these types of proceedings needs to participate responsibly. And also I was just looking at the decision that we rendered in Matter 430 on February 25th 2019 and I am also looking at paragraph 13. And I am going to remind you that responsible intervention in these types of proceedings obligates yourself and anyone who intervenes to raise issues and to file evidence that is relevant to the matter in question. And the Board must focus on its legislative mandate and consider just those issues that are within our jurisdiction.
So if you raise any issues that are outside the Board’s jurisdiction, I will probably ask you to focus on those issues that you raised in your intervener request, which essentially is I think you have an issue regarding the proposed rate increase. And if there are any other issues that you think that is within the application that has been filed by NB Power that you have a concern with, I think you need to focus on that.
That being said, Mr. Amos, even though that we are granting you intervener status doesn’t mean that we cannot revoke it. And if there is somebody -- or if there is a party that files an objection to it, well the Board will hear their arguments and also your point of view and we will have to render a decision.
So I am just wondering if you understand what I am saying and if there is anything else that you would like to add, Mr. Amos, I am going to give you that opportunity right now.
MR. AMOS: Can you hear me?
CHAIRPERSON: Yes, we can.
MR. AMOS: I do not understand what you say but I hope everything you say has gone into writing or will be. I have done nothing to offend you.
CHAIRPERSON: Yes. No, Mr. Amos, there is a court stenographer that is transcribing everything right now so, yes, it will be --
MR. AMOS: And I have done nothing to offend you.
CHAIRPERSON: So do you understand what I am saying, Mr. Amos?
MR. AMOS: No, I don’t understand because I have done nothing to offend you.
CHAIRPERSON: So we are going to proceed, Mr. Amos. And so the Board will grant you intervener status, but again the Board is the master of its own procedure and if somebody files a motion requesting that we revoke your status, we will be hearing those arguments if it ever happens.
So, Mr. Daly, I am not sure if you have access to video and I am noticing that you are muted also.
MR. DALY: Morning, Mr. Chairman, can you hear me?
CHAIRPERSON: Yes, we can. Yes.
MR. DALY: Okay. Present.
CHAIRPERSON: So do you have access to video, Mr. Daly?
MR. DALY: Yes, I do.
CHAIRPERSON: So maybe you could -- yes. You could maybe activate your video on your computer?
MR. DALY: I have got to -- I have got a button here somewhere, I think.
CHAIRPERSON: All right. So --
MR. DALY: Can you see me now?
CHAIRPERSON: No, we can’t. But in the meantime that you try to figure that out, I am just going to ask the parties if anyone is objecting to your intervener request?
MR. DALY: Can you -- is my video not on now?
CHAIRPERSON: No, it’s not. No. So I am just going to move on, Mr. Daly. And maybe you could try to figure that out. And maybe once we are done with you, I would ask you to mute your device.
So hearing no objection, the Board will grant intervener status to Mr. Daly.
MR. DALY: Thank you very much.
CHAIRPERSON: Thank you. J.D. Irving, Limited? I do notice that Ms. Rubin is present. So any objections regarding the intervener request that has been filed by J.D. Irving? So hearing no objections, the Board will grant intervener status to J.D. Irving, Limited.
MS. RUBIN: Thank you, Mr. Chair.
CHAIRPERSON: Thank you. Liberty Utilities? I think I did notice Ms. Gellner.
MS. GELLNER: Yes, Brandy Gellner here for Liberty.
CHAIRPERSON: So does anyone have any objections for Liberty Utilities to intervene in this proceeding? So hearing no objections, the Board will grant intervener status to Liberty Utilities in this matter.
Twin Rivers Paper Company Inc. I did notice Mr. Hoyt. Any parties have any objections for Twin Rivers to intervene in this matter? So hearing no objections, the Board will grant intervener status to Twin Rivers Paper Company Inc.
Lastly, there is an intervener request that was filed by the Power Commission of the City of Saint John, Edmundston Energy and the Perth Andover Electric Light Commission, commonly known as the Utilities Municipal. And I did notice Mr. Stoll. So if anyone has any objection --
MR. STOLL: Good morning.
CHAIRPERSON: Good morning, sir. Any objections regarding the participation of the Utilities Municipal? So hearing no objections, the Board will grant intervener status to Utilities Municipal in this proceeding.
MR. STOLL: Thank you, sir.
CHAIRPERSON: Thank you, sir. Is there anyone joining us today who has submitted -- who hasn’t submitted an intervener request but do wish to intervene in this proceeding, in Matter 541? And if so, maybe I would ask you to activate your camera and unmute yourself and provide me your name?
So hearing no one, we will move on to taking appearances and I am going to start with New Brunswick Power Corporation?
MR. FUREY: Good morning, Mr. Chair. John Furey for NB Power.
CHAIRPERSON: Good morning, Mr. Furey. The Canadian Federation of Independent Business?
MR. GIONET: Mr. Frederic Gionet for the Federation of Independent Business, present.
CHAIRPERSON: Good morning, Mr. Gionet. Mr. Gionet, I am just wondering are you going to proceed in the English language or do you prefer proceeding in the French language?
MR. GIONET: We will be proceeding in the English language.
CHAIRPERSON: Okay. Thank you. So I understand that there is no one appearing on behalf of Coalition for Responsible Energy Development Inc., but if so, if that individual has joined us, I would ask that person to maybe provide us your name please? Okay. So no one appearing on behalf of the Coalition. The Conservation Council of New Brunswick?
DR. COMEAU: Louise Comeau.
CHAIRPERSON: Good morning, Dr. Comeau. David Amos?
MR. AMOS: I am here.
CHAIRPERSON: Okay. Good morning, Mr. Amos. Gerald Daly?
MR. DALY: Present, Mr. Chairman.
CHAIRPERSON: Okay. Good morning, Mr. Daly. J.D. Irving, Limited?
MS. RUBIN: Good morning, Mr. Chair, Nancy Rubin and I am joined by my partner Conor O’Neil and company representative, Dion Hanrahan.
CHAIRPERSON: Good morning, Ms. Rubin. Liberty Utilities?
MS. GELLNER: Good morning, Mr. Chair. Brandy Gellner for Liberty.
CHAIRPERSON: Good Morning Mr. -- Ms. -- I almost said Mister, but I am sorry about that, Ms. Gellner. Twin Rivers Paper Company Inc.?
MR. HOYT: Good morning, Mr. Chair. Len Hoyt for Twin Rivers Paper Company.
CHAIRPERSON: Good morning, Mr. Hoyt. The Utilities Municipal?
MR. STOLL: Good morning, Mr. Chair. Scott Stoll.
CHAIRPERSON: Good morning, Mr. Stoll. The Public Intervener?
MR. WILLIAMS: Good morning, Mr. Chairman and Board Members. Rick Williams, Public Intervener.
CHAIRPERSON: Good morning, Mr. Williams. And the New Brunswick Energy & Utilities Board?
MS. HERRINGTON: Good morning, Mr. Chair. Abigail Herrington.
CHAIRPERSON: Good morning, Ms. Herrington. So for those who are familiar with the process of a pre-hearing conference, it’s essentially to set -- to look -- essentially it’s to set a timeline for the hearing.
And in advance of the pre-hearing today, NB Power and Board Staff have provided a proposed filing schedule which was posted on the Board’s website.
But before starting that discussion, Mr. Furey, I am going to ask -- there is a letter that was filed by Mr. Waycott I think on October 5th 2022 when he submitted the filing application. And I did notice in the fourth paragraph of his letter that your client was planning to file an expert or expert evidence in the form of a report regarding the fuel and purchased power prices and forecasts and something that relates to the global and domestic economic factors contributing to pricing volatility and other inflationary -- that’s a hard word for me -- pressures. So I am just wondering if -- I have been informed this morning that the report hasn’t been filed and I am wondering if you anticipate filing your report?
MR. FUREY: My belief, Mr. Chair, is that that report was filed on Monday by Mr. Waycott.
CHAIRPERSON: Okay.
MR. FUREY: And there may have been some issue with the interveners -- no, all interveners were provided with it on Monday. So perhaps if interveners could confirm that they have received it?
---------- Original message ----------
From: "Conor R. O'Neil" <coneil@stewartmckelvey.com>
Date: Tue, 21 Feb 2023 13:26:19 +0000
Subject: Automatic reply: Matter 541 YO Mr Furey the Yankee experts
should recall this email of yours Correct?
To: David Amos <david.raymond.amos333@gmail.
Thank you for your message. I am out of the office until February 24,
with limited access to email. I will return your message as soon as I
am able. If your matter is urgent please contact our reception at
(506) 632-1970.
******************************
This e-mail message (including attachments, if any) is confidential
and may be privileged. Any unauthorized
distribution or disclosure is prohibited. Disclosure to anyone other
than the intended recipient does not
constitute waiver of privilege. If you have received this e-mail in
error, please notify us and delete it
and any attachments from your computer system and records.
------------------------------
Ce courriel (y compris les pièces jointes) est confidentiel et peut
être privilégié. La distribution
ou la divulgation non autorisée de ce courriel est interdite. Sa
divulgation à toute personne autre que son
destinataire ne constitue pas une renonciation de privilège. Si vous
avez reçu ce courriel par erreur,
veuillez nous aviser et éliminer ce courriel, ainsi que les pièces
jointes, de votre système informatique et
de vos dossiers.
From: "Conor R. O'Neil" <coneil@stewartmckelvey.com>
Date: Tue, 21 Feb 2023 13:26:19 +0000
Subject: Automatic reply: Matter 541 YO Mr Furey the Yankee experts
should recall this email of yours Correct?
To: David Amos <david.raymond.amos333@gmail.
Thank you for your message. I am out of the office until February 24,
with limited access to email. I will return your message as soon as I
am able. If your matter is urgent please contact our reception at
(506) 632-1970.
******************************
This e-mail message (including attachments, if any) is confidential
and may be privileged. Any unauthorized
distribution or disclosure is prohibited. Disclosure to anyone other
than the intended recipient does not
constitute waiver of privilege. If you have received this e-mail in
error, please notify us and delete it
and any attachments from your computer system and records.
------------------------------
Ce courriel (y compris les pièces jointes) est confidentiel et peut
être privilégié. La distribution
ou la divulgation non autorisée de ce courriel est interdite. Sa
divulgation à toute personne autre que son
destinataire ne constitue pas une renonciation de privilège. Si vous
avez reçu ce courriel par erreur,
veuillez nous aviser et éliminer ce courriel, ainsi que les pièces
jointes, de votre système informatique et
de vos dossiers.
---------- Original message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Tue, 21 Feb 2023 13:38:26 +0000
Subject: RE: Matter 541 YO Mr Furey the Yankee experts should recall
this email of yours Correct?
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email to the New Brunswick Energy and Utilities Board.
This email confirms receipt of the comments you forwarded to the Board.
If you wish to talk to a Board representative, please let us know.
* **
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 transmis à la
Commission.
Si vous souhaitez parler à un(e) représentant(e) de la Commission,
veuillez nous en informer.
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Tue, 21 Feb 2023 13:38:26 +0000
Subject: RE: Matter 541 YO Mr Furey the Yankee experts should recall
this email of yours Correct?
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email to the New Brunswick Energy and Utilities Board.
This email confirms receipt of the comments you forwarded to the Board.
If you wish to talk to a Board representative, please let us know.
* **
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 transmis à la
Commission.
Si vous souhaitez parler à un(e) représentant(e) de la Commission,
veuillez nous en informer.
-----Original Message-----
From: David Amos <david.raymond.amos333@gmail.
Sent: Tuesday, February 21, 2023 9:26 AM
To: John Furey <JohnFurey@fureylegal.com>; blaine.higgs
<blaine.higgs@gnb.ca>; Holland, Mike (LEG) <mike.holland@gnb.ca>;
martin.gaudet <martin.gaudet@fredericton.ca>; kris.austin
<kris.austin@gnb.ca>; Brenda.Lucki <Brenda.Lucki@rcmp-grc.gc.ca>
Cc: Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca>;
louis-philippe.gauthier@cfib.
david.sollows@gnb.ca; Daly, Gerard <daly@nbnet.nb.ca>;
hanrahan.dion@jdirving.com; nrubin@stewartmckelvey.com;
coneil@stewartmckelvey.com; lmclements@stewartmckelvey.com
brudderham@stewartmckelvey.com
dave.lavigne@libertyutilities.
jpetrie@nbpower.com; SWaycott@nbpower.com; DAMurphy@nbpower.com;
bcrawford@nbpower.com; lgordon@nbpower.com; nbpregulatory@nbpower.com;
NBEUB/CESPNB <General@nbeub.ca>; Young, Dave <Dave.Young@nbeub.ca>;
Aherrington@lawsoncreamer.com; Dickie, Michael
<Michael.Dickie@nbeub.ca>; Veronique Otis <Veronique.Otis@nbeub.ca>;
Colwell, Susan <Susan.Colwell@nbeub.ca>; dustin@emrydia.com; Melissa
Curran <Melissa.Curran@nbeub.ca>; Vincent.musco@bateswhite.com;
richard.williams@gnb.ca; rdk@indecon.com; tyler.rajeski@twinriverspaper.
darcy.ouellette@
<len.hoyt@mcinnescooper.com>; paul.black@twinriverspaper.com
tammy.grieve@mcinnescooper.com
shelley.wood@sjenergy.com; dan.dionne@perth-andover.com;
pierreroy@edmundston.ca; pzarnett@bdrenergy.com;
sstoll@stollprofcorp.com
Subject: Re: Matter 541 YO Mr Furey the Yankee experts should recall
this email of yours Correct?
Cc: Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca>;
louis-philippe.gauthier@cfib.
david.sollows@gnb.ca; Daly, Gerard <daly@nbnet.nb.ca>;
hanrahan.dion@jdirving.com; nrubin@stewartmckelvey.com;
coneil@stewartmckelvey.com; lmclements@stewartmckelvey.com
brudderham@stewartmckelvey.com
dave.lavigne@libertyutilities.
jpetrie@nbpower.com; SWaycott@nbpower.com; DAMurphy@nbpower.com;
bcrawford@nbpower.com; lgordon@nbpower.com; nbpregulatory@nbpower.com;
NBEUB/CESPNB <General@nbeub.ca>; Young, Dave <Dave.Young@nbeub.ca>;
Aherrington@lawsoncreamer.com; Dickie, Michael
<Michael.Dickie@nbeub.ca>; Veronique Otis <Veronique.Otis@nbeub.ca>;
Colwell, Susan <Susan.Colwell@nbeub.ca>; dustin@emrydia.com; Melissa
Curran <Melissa.Curran@nbeub.ca>; Vincent.musco@bateswhite.com;
richard.williams@gnb.ca; rdk@indecon.com; tyler.rajeski@twinriverspaper.
darcy.ouellette@
<len.hoyt@mcinnescooper.com>; paul.black@twinriverspaper.com
tammy.grieve@mcinnescooper.com
shelley.wood@sjenergy.com; dan.dionne@perth-andover.com;
pierreroy@edmundston.ca; pzarnett@bdrenergy.com;
sstoll@stollprofcorp.com
Subject: Re: Matter 541 YO Mr Furey the Yankee experts should recall
this email of yours Correct?
Début du message réexpédié :
De: "Furey, John" <john.furey@mcinnescooper.com>
Objet: Application to Vary Board Decision Dated July 16, 2019 (Matter 430)
Date: 7 septembre 2021 16:19:50 UTC−3
À: "Kathleen.Mitchell@nbeub.ca" <Kathleen.Mitchell@nbeub.ca>,
"david.sollows@gnb.ca" <david.sollows@gnb.ca>,
"cstewart@stewartmckelvey.com" <cstewart@stewartmckelvey.com>,
"hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>,
"Paul.Volpe@libertyutilities.
"Gilles.volpe@
"dave.lavigne@
<dave.lavigne@
<NBPRegulatory@nbpower.com>, "SWaycott@nbpower.com"
<SWaycott@nbpower.com>, "BCrawford@nbpower.com"
<BCrawford@nbpower.com>, "JGagnon@nbpower.com" <JGagnon@nbpower.com>,
"General@nbeub.ca" <General@nbeub.ca>, "John.Lawton@nbeub.ca"
<John.Lawton@nbeub.ca>, "Michael.Dickie@nbeub.ca"
<Michael.Dickie@nbeub.ca>, "Dave.Young@nbeub.ca"
<Dave.Young@nbeub.ca>, "dmadsen.consulting@gmail.com"
<dmadsen.consulting@gmail.com>
<heather.black@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>,
"rrichard@nb.aibn.com" <rrichard@nb.aibn.com>, "sstoll@airdberlis.com"
<sstoll@airdberlis.com>, "jeff.garrett@sjenergy.com"
<jeff.garrett@sjenergy.com>, "dan.dionne@perth-andover.com"
<dan.dionne@perth-andover.com>
<pierreroy@edmundston.ca>, "ray.robinson@sjenergy.com"
<ray.robinson@sjenergy.com>, "pzarnett@bdrenergy.com"
<pzarnett@bdrenergy.com>, "gerald@kissnb.com" <gerald@kissnb.com>,
"mletson@lawsoncreamer.com" <mletson@lawsoncreamer.com>, Katherine
McBrearty <Katherine.McBrearty@nbeub.ca>
Dear Ms. Mitchell,
Please find attached:
1. Letter to NBEUB dated September 7, 2021;
2. Application in the above noted Matter, in redacted form;
3. Affidavit of Darren Murphy in support of the Application; and
4. Claim for Confidentiality.
As noted in the enclosed correspondence, a copy of the redacted
Application is provided to parties in each of Matter 430 and Matter
458.
By separate email, I will provide the Confidential version of the
Application. I will also confirm when the Public Intervener has been
provided with the Confidential version.
Regards,
John
John Furey
Counsel
McInnes Cooper
tel +1 (506) 458 1628 | fax +1 (506) 458 9903 | mobile +1 (506) 282 0380
Barker House, Suite 600
570 Queen Street
PO Box 610 Fredericton, NB, E3B 5A6
asst Nanette Phillips | +1 (506) 458 1629
NOTICE The health, safety and welfare of our people, our clients and
our communities, as well as our commitment to continued service, is
our top priority. Please visit our COVID‐19 Resource Centre to learn
more about how we can support you on the path forward.
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faire pour vous soutenir sur la voie à suivre.
Notice This communication, including any attachments, is confidential
and may be protected by solicitor/client privilege. It is intended
only for the person or persons to whom it is addressed. If you have
received this e-mail in error, please notify the sender by e-mail or
telephone at McInnes Cooper's expense.
Avis Les informations contenues dans ce courriel, y compris toute(s)
pièce(s) jointe(s), sont confidentielles et peuvent faire l'objet d'un
privilège avocat-client. Les informations sont dirigées au(x)
destinataire(s) seulement. Si vous avez reçu ce courriel par erreur,
veuillez en aviser l'expéditeur par courriel ou par téléphone, aux
frais de McInnes Cooper.
De: "Furey, John" <john.furey@mcinnescooper.com>
Objet: Application to Vary Board Decision Dated July 16, 2019 (Matter 430)
Date: 7 septembre 2021 16:19:50 UTC−3
À: "Kathleen.Mitchell@nbeub.ca" <Kathleen.Mitchell@nbeub.ca>,
"david.sollows@gnb.ca" <david.sollows@gnb.ca>,
"cstewart@stewartmckelvey.com" <cstewart@stewartmckelvey.com>,
"hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>,
"Paul.Volpe@libertyutilities.
"Gilles.volpe@
"dave.lavigne@
<dave.lavigne@
<NBPRegulatory@nbpower.com>, "SWaycott@nbpower.com"
<SWaycott@nbpower.com>, "BCrawford@nbpower.com"
<BCrawford@nbpower.com>, "JGagnon@nbpower.com" <JGagnon@nbpower.com>,
"General@nbeub.ca" <General@nbeub.ca>, "John.Lawton@nbeub.ca"
<John.Lawton@nbeub.ca>, "Michael.Dickie@nbeub.ca"
<Michael.Dickie@nbeub.ca>, "Dave.Young@nbeub.ca"
<Dave.Young@nbeub.ca>, "dmadsen.consulting@gmail.com"
<dmadsen.consulting@gmail.com>
<heather.black@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>,
"rrichard@nb.aibn.com" <rrichard@nb.aibn.com>, "sstoll@airdberlis.com"
<sstoll@airdberlis.com>, "jeff.garrett@sjenergy.com"
<jeff.garrett@sjenergy.com>, "dan.dionne@perth-andover.com"
<dan.dionne@perth-andover.com>
<pierreroy@edmundston.ca>, "ray.robinson@sjenergy.com"
<ray.robinson@sjenergy.com>, "pzarnett@bdrenergy.com"
<pzarnett@bdrenergy.com>, "gerald@kissnb.com" <gerald@kissnb.com>,
"mletson@lawsoncreamer.com" <mletson@lawsoncreamer.com>, Katherine
McBrearty <Katherine.McBrearty@nbeub.ca>
Dear Ms. Mitchell,
Please find attached:
1. Letter to NBEUB dated September 7, 2021;
2. Application in the above noted Matter, in redacted form;
3. Affidavit of Darren Murphy in support of the Application; and
4. Claim for Confidentiality.
As noted in the enclosed correspondence, a copy of the redacted
Application is provided to parties in each of Matter 430 and Matter
458.
By separate email, I will provide the Confidential version of the
Application. I will also confirm when the Public Intervener has been
provided with the Confidential version.
Regards,
John
John Furey
Counsel
McInnes Cooper
tel +1 (506) 458 1628 | fax +1 (506) 458 9903 | mobile +1 (506) 282 0380
Barker House, Suite 600
570 Queen Street
PO Box 610 Fredericton, NB, E3B 5A6
asst Nanette Phillips | +1 (506) 458 1629
NOTICE The health, safety and welfare of our people, our clients and
our communities, as well as our commitment to continued service, is
our top priority. Please visit our COVID‐19 Resource Centre to learn
more about how we can support you on the path forward.
AVIS La santé, la sécurité et le bien‐être de nos gens, de nos clients
et de nos communautés sont notre priorité au même titre que notre
engagement envers un service continu. Nous vous invitons à consulter
notre Centre de ressources COVID‐19 pour savoir ce que nous pouvons
faire pour vous soutenir sur la voie à suivre.
Notice This communication, including any attachments, is confidential
and may be protected by solicitor/client privilege. It is intended
only for the person or persons to whom it is addressed. If you have
received this e-mail in error, please notify the sender by e-mail or
telephone at McInnes Cooper's expense.
Avis Les informations contenues dans ce courriel, y compris toute(s)
pièce(s) jointe(s), sont confidentielles et peuvent faire l'objet d'un
privilège avocat-client. Les informations sont dirigées au(x)
destinataire(s) seulement. Si vous avez reçu ce courriel par erreur,
veuillez en aviser l'expéditeur par courriel ou par téléphone, aux
frais de McInnes Cooper.
| 5 attachments — Scan and download all attachments View all images | |||
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---------- Original message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Tue, 21 Feb 2023 13:11:40 +0000
Subject: RE: Matter 541 I see Mr Furey is up to his usual tricks and
filing last minute documents on Yankee experts who are paid by GNB on
my behalf yet they refuse to speak to me
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email to the New Brunswick Energy and Utilities Board.
This email confirms receipt of the comments you forwarded to the Board.
If you wish to talk to a Board representative, please let us know.
***
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 transmis à la
Commission.
Si vous souhaitez parler à un(e) représentant(e) de la Commission,
veuillez nous en informer.
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Tue, 21 Feb 2023 13:11:40 +0000
Subject: RE: Matter 541 I see Mr Furey is up to his usual tricks and
filing last minute documents on Yankee experts who are paid by GNB on
my behalf yet they refuse to speak to me
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email to the New Brunswick Energy and Utilities Board.
This email confirms receipt of the comments you forwarded to the Board.
If you wish to talk to a Board representative, please let us know.
***
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 transmis à la
Commission.
Si vous souhaitez parler à un(e) représentant(e) de la Commission,
veuillez nous en informer.
---------- Original message ----------
From: "Abigail J. Herrington" <Aherrington@lawsoncreamer.com>
From: "Abigail J. Herrington" <Aherrington@lawsoncreamer.com>
Date: Tue, 21 Feb 2023 03:26:16 +0000
Subject: Automatic reply: Matter 541 I see Mr Furey is up to his usual
tricks and filing last minute documents on Yankee experts who are paid
by GNB on my behalf yet they refuse to speak to me
To: David Amos <david.raymond.amos333@gmail.
I am out of the office in hearings until February 28, 2023. My
response to emails will be delayed during this time. If you require
immediate assistance, please contact my assistant, Lauree Cole, at
506-633-3503 or lcole@lawsoncreamer.com.
---------- Original message ----------
From: Leona Clements <lmclements@stewartmckelvey.
Date: Tue, 21 Feb 2023 03:26:24 +0000
Subject: Automatic reply: Matter 541 I see Mr Furey is up to his usual
tricks and filing last minute documents on Yankee experts who are paid
by GNB on my behalf yet they refuse to speak to me
To: David Amos <david.raymond.amos333@gmail.
I am out of the office returning on Tuesday, February 21, 2023, and
will not have access to my emails.
******************************
This e-mail message (including attachments, if any) is confidential
and may be privileged. Any unauthorized
distribution or disclosure is prohibited. Disclosure to anyone other
than the intended recipient does not
constitute waiver of privilege. If you have received this e-mail in
error, please notify us and delete it
and any attachments from your computer system and records.
------------------------------
Ce courriel (y compris les pièces jointes) est confidentiel et peut
être privilégié. La distribution
ou la divulgation non autorisée de ce courriel est interdite. Sa
divulgation à toute personne autre que son
destinataire ne constitue pas une renonciation de privilège. Si vous
avez reçu ce courriel par erreur,
veuillez nous aviser et éliminer ce courriel, ainsi que les pièces
jointes, de votre système informatique et
de vos dossiers.
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Mon, 20 Feb 2023 23:26:11 -0400
Subject: Re: Matter 541 I see Mr Furey is up to his usual tricks and
filing last minute documents on Yankee experts who are paid by GNB on
my behalf yet they refuse to speak to me
To: John Furey <JohnFurey@fureylegal.com>, "blaine.higgs"
<blaine.higgs@gnb.ca>, "Holland, Mike (LEG)" <mike.holland@gnb.ca>,
"martin.gaudet" <martin.gaudet@fredericton.ca>
<kris.austin@gnb.ca>, "Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>
Cc: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>,
"louis-philippe.gauthier@cfib.
"frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>,
"david.sollows@gnb.ca" <david.sollows@gnb.ca>, "Daly, Gerard"
<daly@nbnet.nb.ca>, "hanrahan.dion@jdirving.com"
<hanrahan.dion@jdirving.com>, "nrubin@stewartmckelvey.com"
<nrubin@stewartmckelvey.com>, "coneil@stewartmckelvey.com"
<coneil@stewartmckelvey.com>, "lmclements@stewartmckelvey.
<lmclements@stewartmckelvey.
<brudderham@stewartmckelvey.
<Brandy.Gellner@
<dave.lavigne@
<Gilles.volpe@
<jpetrie@nbpower.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>,
"DAMurphy@nbpower.com" <DAMurphy@nbpower.com>, "bcrawford@nbpower.com"
<bcrawford@nbpower.com>, "lgordon@nbpower.com" <lgordon@nbpower.com>,
"nbpregulatory@nbpower.com" <nbpregulatory@nbpower.com>, NBEUB/CESPNB
<General@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>,
"Aherrington@lawsoncreamer.com
"Dickie, Michael" <Michael.Dickie@nbeub.ca>, Veronique Otis
<Veronique.Otis@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>,
"dustin@emrydia.com" <dustin@emrydia.com>, Melissa Curran
<Melissa.Curran@nbeub.ca>, "Vincent.musco@bateswhite.com"
<Vincent.musco@bateswhite.com>
<richard.williams@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>,
"tyler.rajeski@
"darcy.ouellette@
Subject: Automatic reply: Matter 541 I see Mr Furey is up to his usual
tricks and filing last minute documents on Yankee experts who are paid
by GNB on my behalf yet they refuse to speak to me
To: David Amos <david.raymond.amos333@gmail.
I am out of the office in hearings until February 28, 2023. My
response to emails will be delayed during this time. If you require
immediate assistance, please contact my assistant, Lauree Cole, at
506-633-3503 or lcole@lawsoncreamer.com.
---------- Original message ----------
From: Leona Clements <lmclements@stewartmckelvey.
Date: Tue, 21 Feb 2023 03:26:24 +0000
Subject: Automatic reply: Matter 541 I see Mr Furey is up to his usual
tricks and filing last minute documents on Yankee experts who are paid
by GNB on my behalf yet they refuse to speak to me
To: David Amos <david.raymond.amos333@gmail.
I am out of the office returning on Tuesday, February 21, 2023, and
will not have access to my emails.
******************************
This e-mail message (including attachments, if any) is confidential
and may be privileged. Any unauthorized
distribution or disclosure is prohibited. Disclosure to anyone other
than the intended recipient does not
constitute waiver of privilege. If you have received this e-mail in
error, please notify us and delete it
and any attachments from your computer system and records.
------------------------------
Ce courriel (y compris les pièces jointes) est confidentiel et peut
être privilégié. La distribution
ou la divulgation non autorisée de ce courriel est interdite. Sa
divulgation à toute personne autre que son
destinataire ne constitue pas une renonciation de privilège. Si vous
avez reçu ce courriel par erreur,
veuillez nous aviser et éliminer ce courriel, ainsi que les pièces
jointes, de votre système informatique et
de vos dossiers.
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Mon, 20 Feb 2023 23:26:11 -0400
Subject: Re: Matter 541 I see Mr Furey is up to his usual tricks and
filing last minute documents on Yankee experts who are paid by GNB on
my behalf yet they refuse to speak to me
To: John Furey <JohnFurey@fureylegal.com>, "blaine.higgs"
<blaine.higgs@gnb.ca>, "Holland, Mike (LEG)" <mike.holland@gnb.ca>,
"martin.gaudet" <martin.gaudet@fredericton.ca>
<kris.austin@gnb.ca>, "Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>
Cc: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>,
"louis-philippe.gauthier@cfib.
"frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>,
"david.sollows@gnb.ca" <david.sollows@gnb.ca>, "Daly, Gerard"
<daly@nbnet.nb.ca>, "hanrahan.dion@jdirving.com"
<hanrahan.dion@jdirving.com>, "nrubin@stewartmckelvey.com"
<nrubin@stewartmckelvey.com>, "coneil@stewartmckelvey.com"
<coneil@stewartmckelvey.com>, "lmclements@stewartmckelvey.
<lmclements@stewartmckelvey.
<brudderham@stewartmckelvey.
<Brandy.Gellner@
<dave.lavigne@
<Gilles.volpe@
<jpetrie@nbpower.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>,
"DAMurphy@nbpower.com" <DAMurphy@nbpower.com>, "bcrawford@nbpower.com"
<bcrawford@nbpower.com>, "lgordon@nbpower.com" <lgordon@nbpower.com>,
"nbpregulatory@nbpower.com" <nbpregulatory@nbpower.com>, NBEUB/CESPNB
<General@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>,
"Aherrington@lawsoncreamer.com
"Dickie, Michael" <Michael.Dickie@nbeub.ca>, Veronique Otis
<Veronique.Otis@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>,
"dustin@emrydia.com" <dustin@emrydia.com>, Melissa Curran
<Melissa.Curran@nbeub.ca>, "Vincent.musco@bateswhite.com"
<Vincent.musco@bateswhite.com>
<richard.williams@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>,
"tyler.rajeski@
"darcy.ouellette@
"Hoyt, Len" <len.hoyt@mcinnescooper.com>, "paul.black@twinriverspaper.
<paul.black@twinriverspaper.
<tammy.grieve@mcinnescooper.
<jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com"
<shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com"
<dan.dionne@perth-andover.com>
<pierreroy@edmundston.ca>, "pzarnett@bdrenergy.com"
<pzarnett@bdrenergy.com>, "sstoll@stollprofcorp.com" <sstoll@stollprofcorp.com>
<paul.black@twinriverspaper.
<tammy.grieve@mcinnescooper.
<jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com"
<shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com"
<dan.dionne@perth-andover.com>
<pierreroy@edmundston.ca>, "pzarnett@bdrenergy.com"
<pzarnett@bdrenergy.com>, "sstoll@stollprofcorp.com" <sstoll@stollprofcorp.com>
Matter 541 - NB Power 2023-2024 General Rate Application / Instance no 541 - Énergie NB Demande générale de tarifs pour 2023-2024
John Furey<JohnFurey@fureylegal.com> |  Mon, Feb 20, 2023 at 6:48 PM |
| To: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "David.Raymond.Amos333@gmail.com" <David.Raymond.Amos333@gmail.com>, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "Daly, Gerard" <daly@nbnet.nb.ca>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "nrubin@stewartmckelvey.com" <nrubin@stewartmckelvey.com>, "coneil@stewartmckelvey.com" <coneil@stewartmckelvey.com>, "lmclements@stewartmckelvey.com" <lmclements@stewartmckelvey.com>, "brudderham@stewartmckelvey.com" <brudderham@stewartmckelvey.com>, "Brandy.Gellner@libertyutilities.com" <Brandy.Gellner@libertyutilities.com>, "dave.lavigne@libertyutilities.com" <dave.lavigne@libertyutilities.com>, "Gilles.volpe@libertyutilities.com" <Gilles.volpe@libertyutilities.com>, "jpetrie@nbpower.com" <jpetrie@nbpower.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "DAMurphy@nbpower.com" <DAMurphy@nbpower.com>, "bcrawford@nbpower.com" <bcrawford@nbpower.com>, "lgordon@nbpower.com" <lgordon@nbpower.com>, "nbpregulatory@nbpower.com" <nbpregulatory@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com" <Aherrington@lawsoncreamer.com>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>, Veronique Otis <Veronique.Otis@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "dustin@emrydia.com" <dustin@emrydia.com>, Melissa Curran <Melissa.Curran@nbeub.ca>, "Vincent.musco@bateswhite.com" <Vincent.musco@bateswhite.com>, "richard.williams@gnb.ca" <richard.williams@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>, "tyler.rajeski@twinriverspaper.com" <tyler.rajeski@twinriverspaper.com>, "darcy.ouellette@twinriverspaper.com" <darcy.ouellette@twinriverspaper.com>, "Hoyt, Len" <len.hoyt@mcinnescooper.com>, "paul.black@twinriverspaper.com" <paul.black@twinriverspaper.com>, "tammy.grieve@mcinnescooper.com" <tammy.grieve@mcinnescooper.com>, "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com" <shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>, "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>, "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>, "sstoll@stollprofcorp.com" <sstoll@stollprofcorp.com> | |
Dear Ms. Mitchell, Please find attached an additional Aid to Cross to which NB Power will make reference during its cross-examination of each of Mr. Knecht and Mr. Musco. The aid references the regulatory principle of the prohibition against single issue ratemaking. Regards, John | |
 | Aid to Cross - Centra Gas Manitoba Response to Information Requests of NEB.pdf 134K View as HTML Scan and download |
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 16 Jul 2019 09:31:18 -0400
Subject: Methinks the EUB and Johnny "Never Been Good" Herron in
particular forgot that one Intervener had lots to say EH Mr Furey?
To: andrea.anderson-mason@gnb.ca, Bruce.Macfarlane@gnb.ca,
marc.martin@snb.ca, hugh.flemming@gnb.ca, robert.gauvin@gnb.ca,
kris.austin@gnb.ca, rick.desaulniers@gnb.ca, serge.gauvin@snb.ca,
michelle.conroy@gnb.ca, attorneygeneral@ontario.ca,
caroline.mulroneyco@pc.ola.org, rbrossard@contribuables.ca,
krondolo@generationscrewed.ca, federal.director@taxpayer.com,
jbowes@taxpayer.com, Dominic.Cardy@gnb.ca, Ernie.Steeves@gnb.ca,
greg.byrne@gnb.ca, tyler.campbell@gnb.ca, andrew.scheer@parl.gc.ca,
PABMINMAILG@cra-arc.gc.ca, Bill.Morneau@canada.ca, premier@gov.bc.ca,
maxime.bernier@parl.gc.ca, strathmore.brooks@assembly.ab.
brian.hodgson@assembly.ab.ca, calgary.lougheed@assembly.ab.
leader@
premier@ontario.ca, scott.moe@gov.sk.ca, premier@gov.ab.ca,
premier@leg.gov.mb.ca, ksims@taxpayer.com, fterrazzano@taxpayer.com,
pmacpherson@taxpayer.com, on.director@taxpayer.com,
prairie@taxpayer.com, Diane.Lebouthillier@cra-arc.
brian.gallant@gnb.ca, David.Coon@gnb.ca, Kevin.A.Arseneau@gnb.ca,
megan.mitton@gnb.ca, BrianThomasMacdonald
<BrianThomasMacdonald@gmail.
Cc: David Amos <david.raymond.amos333@gmail.
jason.humphrey2@gnb.ca, "Furey, John" <jfurey@nbpower.com>, wharrison
<wharrison@nbpower.com>
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Fri, 17 May 2019 08:17:44 +0000
Subject: Automatic reply: Methinks whereas the EUB transcripts can't
be trusted perhaps the Brattle Group should have some of their people
attend the EUB hearing next week
To: David Amos <david.raymond.amos333@gmail.
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical
support, please contact our Customer Service department at
1-800-387-5400 or send an email to customerservice@globeandmail.
If you are reporting a factual error please forward your email to
publiceditor@globeandmail.com<
Letters to the Editor can be sent to letters@globeandmail.com
This is the correct email address for requests for news coverage and
press releases.
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Fri, 17 May 2019 04:17:36 -0400
Subject: Methinks whereas the EUB transcripts can't be trusted perhaps
the Brattle Group should have some of their people attend the EUB
hearing next week
To: David Amos <motomaniac333@gmail.com>, Michael.Cragg@brattle.com,
James.Reitzes@brattle.com, Lynda.Borucki@brattle.com,
Andy.Harington@brattle.com
Cc: "Jacques.Poitras" <Jacques.Poitras@cbc.ca>, "Robert. Jones"
<Robert.Jones@cbc.ca>, "David.Akin" <David.Akin@globalnews.ca>,
Newsroom <Newsroom@globeandmail.com>, "steve.murphy"
<steve.murphy@ctv.ca>, gthomas@nbpower.com, jfurey@nbpower.com,
bplummer@nbpower.com, Marc.Belliveau@gnb.ca, "Dominic.Cardy"
<Dominic.Cardy@gnb.ca>, tj <tj@burkelaw.ca>, kelly
<kelly@lamrockslaw.com>, "Holland, Mike (LEG)" <mike.holland@gnb.ca>,
"robert.mckee" <robert.mckee@gnb.ca>, "robert.gauvin"
<robert.gauvin@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>,
"rick.desaulniers" <rick.desaulniers@gnb.ca>, "michelle.conroy"
<michelle.conroy@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>, "Arseneau,
Kevin (LEG)" <Kevin.A.Arseneau@gnb.ca>, "Mitton, Megan (LEG)"
<megan.mitton@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"brian.gallant" <brian.gallant@gnb.ca>, "denis.landry2"
<denis.landry2@gnb.ca>, "greg.byrne" <greg.byrne@gnb.ca>, "Jack.Keir"
<Jack.Keir@gnb.ca>, "jeff.carr" <jeff.carr@gnb.ca>, "hugh.flemming"
<hugh.flemming@gnb.ca>, pm <pm@pm.gc.ca>, "Katie.Telford"
<Katie.Telford@pmo-cpm.gc.ca>, andre <andre@jafaust.com>, oldmaison
<oldmaison@yahoo.com>, "andrew.scheer" <andrew.scheer@parl.gc.ca>,
"maxime.bernier" <maxime.bernier@parl.gc.ca>, leader
<leader@greenparty.ca>, "elizabeth.may" <elizabeth.may@parl.gc.ca>
Obviously the Henneberry Reporting Service forgot to mention that Mr.
Beaulieu attended the hearing and it was held in Delta Hotel,
Fredericton N.B, it should be easy to understand why I stongly
disagreed with their trancript of the public session I spoke at in
2018 N'esy Pas?
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 9th 2019.
BEFORE: Raymond P Gorman, Q.C. - Chair
John Patrick Herron - Panel Member
Michael Costello - Panel Member
Patrick Ervin - Panel Member
NB Energy and Utilities Board
- Counsel - Ms. Ellen Desmond, Q.C.
- Staff - David Young
John Lawton
Michael Dickie
Chief Clerk - Kathleen Mitchell
CHAIRMAN: Good afternoon, everyone. Bonjour. Before we get
started with today’s session, I want to point out that translation
devices are available at the back of the room so if anybody needs one,
please take this opportunity to secure one. All right.
Welcome to today’s special session of the New Brunswick Energy and
Utilities Board. All members of the Energy and Utilities Board are
present today, including Vice-Chair, Francois Beaulieu, and Members,
Michael Costello, Patrick Ervin and John Herron.
Today’s public session will deal with Matter 430, which is NB Power’s
2019-2020 General Rate Application. In that application, NB Power is
seeking Board approval for, amongst other things, an average increase
in rates of 2.5 percent with some customers receiving an increase as
high as 2.9 percent.
This session of the rate hearing won’t follow the same format as we
typically use at the formal hearing which will commence in about 10
days. Today’s session is intended to be much less formal so despite
the fact that we are sitting here on the dais and in the front of the
room and everybody seems to have a jacket and tie on, you shouldn’t
take that to mean that we are requiring any formality today. And the
reason that I wanted to emphasize that informality is that we really
want to encourage members of the general public to come to the session
and provide their views on these rate applications. Many people don’t
have the time or the resources to present evidence before the Board
but still have important contributions to make to the process. I want
to assure you that your comments are taken seriously by the Board.
I want to also point out that NB Power is represented here today over in the
right-hand side of the room and although they will not be making a
presentation today, they will be available to hear your concerns and
to discuss them further following the conclusion of the presentations.
Our Public Intervener, Heather Black, is also present and will be
available to discuss any public interest concerns that you may have
following today’s presentations.
In addition, we have several members from the Energy and Utilities
Board Staff who are also available to discuss matters with you.
Each presenter today has been allocated 15 minutes to make his or her
presentation and before we start with the presentations, I am going to
invite Mr. Beaulieu to say a few words in French.
CHAIRMAN: Thank you very much. Thank you very much, Mr. Shaw. I
think that is all the presenters that we had for this afternoon. So
we will conclude for this afternoon and we will be back at 6:00 p.m.
Thank you.
(Recess - 4:25 p.m. - 6:00 p.m.)
CHAIRMAN: Good evening, everyone. Bonjour. This session is a
continuation of our annual public session related to the general rate
application by NB Power. And we had three excellent presentations
earlier today.
Before we get started with the presentations this evening, I want
to point out that there are translation devices available at the back
of the room. So if anybody feels that they may need that translation
device, please take this opportunity to get one.
All right. And I just want to -- for those who perhaps haven’t
appeared before the Board in the past, I want to point out that the
full Board is present here tonight, including to my left our
Vice-Chair, Francois Beaulieu, Patrick Ervin to my far left, next to
me Michael Costello and Mr. Ervin. Did I call him Mr. Ervin? Mr.
Herron is down there. There, I have got them mixed up.
All right. So would you say a few words in French?
VICE-CHAIRMAN: Bon soir à tous. C’est un continuation de la séance
public que nous avons débuter cette après-midi. Comme M. le président
l’a indiqué, nous avons reçu trois bonnes présentations cet
après-midi. Et puis avant de commencer, nous tenons à souligner que
les dispositifs a l’arrière pour l’écoute en française si vous voulez,
et puis cette un séance extraordinaire, un session extraordinaire de
la Commission. Pis comme vous pouvez le voir, toute le monde est
présent aujourd’hui, Monsieur le président, M. Gorman, et puis à ma
gauche, puis M. Herron, at puis M. Costello, puis M. Ervin.
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, I think you can either take that table or the podium.
Either one there is a microphone at both so whatever you are most
comfortable with.
MR. AMOS: Good evening. I presume I can speak for 15 minutes uninterrupted?
CHAIRMAN: Yes. You are allocated 15 minutes, that’s correct, Mr. 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.
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.
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 Coon, 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.
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. 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.
Sent via email
May 21, 2019
Mr. Gaetan Thomas gathomas@nbpower.com
Members, Energy and Utilities Board general@nbeub.ca
Premier Blaine Higgs blaine.higgs@gnb.ca
Gentlemen:
On May 9th, 2019, the Fredericton Chapter of the Council of Canadians
hosted Mr. Chris Rouse, Systems Engineer and founder of New Clear Free
Solutions at a public presentation at Wilmot Church in Fredericton.
The event was attended by more than one-hundred people.
Chris addressed the very pressing need for our Province to reach a
goal of having 95% of our energy needs met by renewable energy as we
transition to a low-carbon economy. His presentation demonstrated that
reaching this goal is indeed technically possible, and can be done
using our own local renewable energy sources while lowering energy
costs. Chris’s report may be found here:
https://newclearfreesolutions.
Of course the backdrop to this work and our desire to engage the
public in a dialogue is the climate emergency and the need to get New
Brunswick’s carbon emissions to zero or negative in the very near
future. It is imperative that we all help with the global effort to
avert climate catastrophe.
At the conclusion of Chris’s presentation individuals were given the
option to sign a letter indicating their support for the proposal as
presented. Attached you will find a document containing forty-one such
scanned letters for your attention and response.
Sincerely,
Margo Sheppard (on behalf of Fredericton Chapter, Council of Canadians)
---------- Forwarded message ----------
From: "Waycott, Stephen" <SWaycott@nbpower.com>
Date: Wed, 13 Feb 2019 15:40:35 +0000
Subject: Automatic reply: EXT - Re: Matter 430 - NB Power 2019-2020
General Rate Application / Instance Nº 430 - Énergie NB Demande
générale de tarifs pour 2019-2020
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email.
I will be out of the office for the week of February 11 to 15
inclusive, returning on Tuesday February 19 (Monday is a statutory
holiday). I will not be checking my emails regularly while I am away.
If your matter is urgent, please contact Brad Crawford at
BCrawford@nbpower.com or 506-458-3520.
Thanks,
Stephen Waycott
Director, Corporate Regulatory Affairs
NB Power
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---------- Forwarded message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Tue, 26 Feb 2019 00:39:09 +0000
Subject: Automatic reply: Matter 430 - NB Power 2019-2020 General Rate
Application / Instance Nº 430 - Énergie NB Demande générale de tarifs
pour 2019-2020
To: David Amos <david.raymond.amos333@gmail.
[Le français suit.]
On behalf of Premier Blaine Higgs, I would like to acknowledge receipt
of your email.
Please note that your request will be processed as soon as possible.
Thank you for taking the time to write the Premier.
If this is a Media Request, please contact the Premier’s office at
(506) 453-2144
Thank you
------------------------------
Au nom du premier ministre Blaine Higgs, j’accuse réception de votre courriel.
Veuillez noter que votre demande sera traitée dans les plus brefs délais.
Je vous remercie d’avoir pris le temps d’écrire au premier ministre.
S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.
Merci.
---------- Forwarded message ----------
From: "Anderson-Mason, Andrea Hon. (JAG/JPG)" <Andrea.AndersonMason@gnb.ca>
Date: Tue, 26 Feb 2019 00:39:09 +0000
Subject: Automatic reply: Matter 430 - NB Power 2019-2020 General Rate
Application / Instance Nº 430 - Énergie NB Demande générale de tarifs
pour 2019-2020
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email. Your thoughts, comments and input are
greatly valued. You can be assured that all emails and letters are
carefully read, reviewed and taken into consideration.
If your issue is Constituency related, please contact Lisa Bourque at
my constituency office at
Lisa.Bourque@gnb.ca<mailto:Lis
Thank you.
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations. Nous
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Si c’est au sujet du bureau de circonscription, veuillez contacter
Lisa Bourque à Lisa.Bourque@gnb.ca<mailto:Lis
(506)755-2810.
Merci.
Andrea Anderson-Mason, Q.C. / c.r.
---------- Forwarded message ----------
From: Jody.Wilson-Raybould@parl.gc.
Date: Tue, 26 Feb 2019 00:39:18 +0000
Subject: Automatic reply: Matter 430 - NB Power 2019-2020 General Rate
Application / Instance Nº 430 - Énergie NB Demande générale de tarifs
pour 2019-2020
To: david.raymond.amos333@gmail.
Thank you for writing to the Honourable Jody Wilson-Raybould, Member
of Parliament for Vancouver Granville.
This message is to acknowledge that we are in receipt of your email.
Due to the significant increase in the volume of correspondence, there
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To help us address your concerns more quickly, please include within
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Thank you
-------------------
Merci d'écrire à l'honorable Jody Wilson-Raybould, députée de
Vancouver Granville.
Le présent message vise à vous informer que nous avons reçu votre
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Pour nous aider à répondre à vos préoccupations plus rapidement,
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Merci
---------- Forwarded message ----------
From: "Hon.Ralph.Goodale (PS/SP)" <Hon.ralph.goodale@canada.ca>
Date: Tue, 26 Feb 2019 00:39:21 +0000
Subject: Automatic reply: Matter 430 - NB Power 2019-2020 General Rate
Application / Instance Nº 430 - Énergie NB Demande générale de tarifs
pour 2019-2020
To: David Amos <david.raymond.amos333@gmail.
Merci d'avoir écrit à l'honorable Ralph Goodale, ministre de la
Sécurité publique et de la Protection civile.
En raison d'une augmentation importante du volume de la correspondance
adressée au ministre, veuillez prendre note qu'il pourrait y avoir un
retard dans le traitement de votre courriel. Soyez assuré que votre
message sera examiné avec attention.
Merci!
L'Unité de la correspondance ministérielle
Sécurité publique Canada
*********
Thank you for writing to the Honourable Ralph Goodale, Minister of
Public Safety and Emergency Preparedness.
Due to the significant increase in the volume of correspondence
addressed to the Minister, please note there could be a delay in
processing your email. Rest assured that your message will be
carefully reviewed.
Thank you!
Ministerial Correspondence Unit
Public Safety Canada
---------- Forwarded message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Tue, 26 Feb 2019 00:39:47 +0000
Subject: Automatic reply: Matter 430 - NB Power 2019-2020 General Rate
Application / Instance Nº 430 - Énergie NB Demande générale de tarifs
pour 2019-2020
To: David Amos <david.raymond.amos333@gmail.
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical
support, please contact our Customer Service department at
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Letters to the Editor can be sent to letters@globeandmail.com
This is the correct email address for requests for news coverage and
press releases.
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Sat, 2 Mar 2019 10:16:51 -0400
Subject: YO Mikey Holland So Says the EUB So Say You All? RE Matter
430 - NB Power 2019-2020 General Rate Application
To: "blaine.higgs" <blaine.higgs@gnb.ca>, premier <premier@gnb.ca>,
"Holland, Mike (LEG)" <mike.holland@gnb.ca>, "David.Coon"
<David.Coon@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>, "Robert.
Jones" <Robert.Jones@cbc.ca>, "robert.gauvin" <robert.gauvin@gnb.ca>,
"denis.landry2" <denis.landry2@gnb.ca>, "brian.gallant"
<brian.gallant@gnb.ca>, oldmaison <oldmaison@yahoo.com>,
"steve.murphy" <steve.murphy@ctv.ca>, "David.Akin"
<David.Akin@globalnews.ca>, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>
<hugh.flemming@gnb.ca>, "robert.mckee" <robert.mckee@gnb.ca>,
"Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>, "hon.ralph.goodale"
<hon.ralph.goodale@canada.ca>, "Hon.Dominic.LeBlanc"
<Hon.Dominic.LeBlanc@canada.ca
<Bill.Morneau@canada.ca>, "Jody.Wilson-Raybould"
<Jody.Wilson-Raybould@parl.gc.
<Gerald.Butts@pmo-cpm.gc.ca>, Newsroom <Newsroom@globeandmail.com>,
newsn <news@kingscorecord.com>, news <news@dailygleaner.com>, news919
<news919@rogers.com>, news <news@hilltimes.com>, "maxime.bernier"
<maxime.bernier@parl.gc.ca>, "andrew.scheer"
<andrew.scheer@parl.gc.ca>, "Alaina.Lockhart"
<Alaina.Lockhart@parl.gc.ca>, "Karen.Ludwig"
<Karen.Ludwig@parl.gc.ca>, "martine.turcotte"
<martine.turcotte@bell.ca>, "Matt.DeCourcey"
<Matt.DeCourcey@parl.gc.ca>, andre <andre@jafaust.com>, jbosnitch
<jbosnitch@gmail.com>, "Arseneau, Kevin (LEG)"
<kevin.a.arseneau@gnb.ca>, "Mitton, Megan (LEG)"
<megan.mitton@gnb.ca>, "rick.desaulniers" <rick.desaulniers@gnb.ca>,
"michelle.conroy" <michelle.conroy@gnb.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, "Diane.Lebouthillier"
<Diane.Lebouthillier@cra-arc.
<Diane.Lebouthillier@parl.gc.
---------- Forwarded message ----------
From: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>
Date: Fri, 1 Mar 2019 16:15:36 +0000
Subject: Matter 430 - NB Power 2019-2020 General Rate Application /
Instance Nº 430 - Énergie NB Demande générale de tarifs pour 2019-2020
To: "David.Raymond.Amos333@gmail.
<David.Raymond.Amos333@gmail.
<david.sollows@gnb.ca>, "Paul.Volpe@enbridge.com"
<Paul.Volpe@enbridge.com>, "dave.lavigne@enbridge.com"
<dave.lavigne@enbridge.com>, "Gilles.volpe@enbridge.com"
<Gilles.volpe@enbridge.com>, "jeffery.callaghan@
<jeffery.callaghan@
<gerald@kissnb.com>, "cstewart@stewartmckelvey.com"
<cstewart@stewartmckelvey.com>
<hanrahan.dion@jdirving.com>, "lcozzarini@nbpower.com"
<lcozzarini@nbpower.com>, "jfurey@nbpower.com" <jfurey@nbpower.com>,
"SWaycott@nbpower.com" <SWaycott@nbpower.com>,
"NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>,
"wharrison@nbpower.com" <wharrison@nbpower.com>,
"bcrawford@nbpower.com" <bcrawford@nbpower.com>, "Lawton, John"
<John.Lawton@nbeub.ca>, "Desmond, Ellen" <ecdesmond@nbeub.ca>,
"Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave"
<Dave.Young@nbeub.ca>, "Mitchell, Kathleen"
<Kathleen.Mitchell@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>,
"heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com"
<rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>,
"jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
"dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>
"pierreroy@edmundston.ca" <pierreroy@edmundston.ca>,
"ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>,
"sstoll@airdberlis.com" <sstoll@airdberlis.com>,
"pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>
Good afternoon,
Please find attached a Decision in connection with the above-noted matter.
Bonjour,
Veuillez trouver ci-joint une Décision de la Commission dans le cadre
de l'instance susmentionnée.
Kathleen Mitchell
Chief Clerk | Greffière en chef
Energy & Utilities Board | Commission de l'énergie et des services
publics du N.-B.
15 Market Square, Suite 1400
Saint John, NB E2L 4Y9
506-643-7324 (direct)
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03793
DECISION
REGARDING INTERVENER REQUEST
AND NOTICE OF OBJECTION TO
INTERVENER REQUEST
IN THE MATTER of an application by the
New Brunswick Power Corporation pursuant
to Section 103(1) of the Electricity Act,
S.N.B. 2013, c. 7, for approval of the
schedules of the rates for the fiscal year
commencing April 1, 2019.
(Matter No. 430)
February 25, 2019
NEW BRUNSWICK ENERGY AND UTILITIES BOARD
IN THE MATTER of an application by the New Brunswick Power Corporation
pursuant to Section 103(1) of the Electricity Act, S.N.B. 2013, c. 7,
for approval of the schedules of the rates for the fiscal year
commencing April 1, 2019.
(Matter No. 430)
NEW BRUNSWICK ENERGY AND UTILITIES BOARD:
Chairperson: Raymond Gorman, Q.C.
Members: Michael Costello
John Patrick Herron
Counsel: Ellen Desmond, Q.C.
Chief Clerk: Kathleen Mitchell
APPLICANT:
New Brunswick Power Corporation: John Furey
PUBLIC INTERVENER: Heather Black
PARTICIPANTS:
David Amos
Enbridge Gas New Brunswick: Jeffery Callaghan
Gerald Bourque
J.D. Irving Limited: Christopher J. Stewart
Roger Richard
Utilities Municipal: Scott Stoll
A. Introduction
[1] The New Brunswick Power Corporation (NB Power) filed a Notice of
Application with the New Brunswick Energy and Utilities Board (Board)
on January 8, 2019, for approval of the rates it proposes to charge
for its services for the fiscal year commencing April 1, 2019. NB
Power is also seeking an Order approving the creation of a Regulatory
Deferral Account with respect to certain Demand Side Management
expenses.
[2] Notice of this Application (Matter 430) was provided to the public
and any person wishing to participate in the hearing was required to
register with the Board no later than February 1.
[3] Any person wishing to participate must file an Intervener Request
and demonstrate that they have a substantial interest in the
proceeding and that they intend to participate actively and
responsibly. This requirement is in keeping with the Board’s
Rules of Procedure (Rules). Rule 3 provides, in part, as follows:
3. Participation in Board Proceedings
3.2. Interveners
3.2.1. Except as otherwise provided in a Practice Directive, following
the issuance of a Hearing Order, a person (other than an applicant)
wishing to actively participate as a party to the proceeding shall
apply for intervener status by filing an Intervener Request with the
Board, and serving a copy of same on the applicant, if any, on or
before the date directed by the Board. This shall apply whether the
proceeding has been commenced by an application or otherwise.
3.2.2. A person filing an Intervener Request must have a substantial
interest in the
proceeding and intend to participate actively and responsibly.
[4] Several individuals did file an Intervener Request with the Board,
including Mr. David Amos, who indicated that he was a “whistleblower
against NB Power’s auditor KPMG and that he has every right to
question their actions”. Mr. Amos also attached several pages of
emails that had been exchanged with various individuals about his
concerns involving both KPMG and the Canada Revenue Agency.
[5] On February 5, 2019, NB Power filed a Notice of Objection to the
intervention of Mr. Amos pursuant to Rule 3.2.7. NB Power submits that
Mr. Amos has not met the criteria of Rule 3.2.2.
[6] The written objection states, in part, as follows:
… Mr. Amos does not demonstrate that he has a substantive interest in the
proceedings…as the nature of his proposed intervention appears to be based on an
allegation that KPMG is in a conflict of interest with respect to
taxation matters
administered by the Canada Revenue Agency, an issue which is not
relevant to this Proceeding.
NB Power further submits that the history of Mr. Amos’ appearances
before the Board in other proceedings demonstrates that he does not
meet the requirement of participation in a responsible manner. To the
contrary, NB Power submits that Mr. Amos is a vexatious litigant, and
should not be permitted to participate in this Proceeding.
[7] During the pre-hearing conference held on February 7, 2019, the
Board heard submissions from the parties as to whether Mr. Amos’
Intervener Request should be
allowed pursuant to Rule 3.2.9. Mr. Amos was also given the additional
opportunity to file written comments in support of his request.
B. Issue and Analysis
[8] The Board must determine if Mr. Amos should be granted intervener
status in Matter 430 and if he has met the requirements set out in
Rule 3.
[9] During the pre-hearing conference Mr. Amos was repeatedly asked
for the purpose of his intervention. Mr. Amos failed to answer
clearly, concluding “I most definitely want to grill Mr. Murphy about
his opinions about the purported accounting of NB Power
because I don’t think NB Power has ever been audited ever.”
[10] There was also concern about Mr. Amos’ ability to participate
responsibly. On this point, NB Power made extensive oral submissions
during the pre-hearing conference, including as follows:
… The pattern of confrontational behaviour in which Mr. Amos is
focused on allegations of conflict of interest, unethical behaviour,
lawlessness against lawmakers, judges, lawyers, members of this Board
continues with no sign of abatement. And so in that circumstance,
again while emphasizing that this is not a typical position that NB
Power would take, in this circumstance we feel compelled to ask the
Board to deny Mr. Amos’ request for intervener status.
[11] In his submission and during the course of his oral argument, Mr.
Amos talked about many issues from the past and many personalities,
but did not focus on the
current application. Allegations of lawlessness were made, none of
which are relevant to this matter.
[12] As indicated above, Mr. Amos was also given the opportunity to
make a written submission, after the pre-hearing conference was
concluded. This submission included a large volume of information,
dealing with a variety of matters raised by him in
various forums, (both in Canada and in the United States), which was
not related to the current Matter.
[13] Responsible intervention obligates intervenors to raise issues
and to file evidence that is relevant to the Matter. The Board must
focus on its legislative mandate and
consider just those issues that are within its jurisdiction. The
issues raised by Mr. Amos are extraneous and unrelated to the
application before the Board. Despite numerous opportunities to do so,
Mr. Amos failed to raise any issues of relevance in this Matter.
[14] The volume of irrelevant material filed by Mr. Amos, and his
submissions, not only fail to demonstrate that he has a substantial
interest in this matter, but also indicate that he would not be
intervening responsibly, as he would take a great deal of time raising
unrelated issues.
C. Conclusion
[15] Having considered the oral and written submissions of Mr. Amos,
NB Power and other parties, the Board finds that Mr. Amos has not
demonstrated that he has a
substantial interest in this proceeding. In addition, the Board finds
that, on a balance of
probabilities, Mr. Amos would not participate responsibly if he were
granted intervener status.
[16] As a result, the Board will exercise its discretion and will not
grant intervener status to Mr. Amos in this Matter.
Dated in Saint John, New Brunswick, this the 25th of February, 2019.
Raymond Gorman, Q.C.
Chairperson
Michael Costello
Member
John Patrick Herron
Member
---------- Original message ----------
From: "Gallant, Brian (LEG)" <Brian.Gallant@gnb.ca>
Date: Thu, 7 Feb 2019 13:26:33 +0000
Subject: RE: February 6, 2019 EUB 430 Matter transcript
To: David Amos <david.raymond.amos333@gmail.
Thank you for writing to the Leader of the Official Opposition of New
Brunswick. Please be assured that your e-mail will be reviewed.
If this is a media request, please forward your e-mail to
ashley.beaudin@gnb.ca<mailto:m
---
Nous vous remercions d’avoir communiqué avec le chef de l’opposition
officielle du Nouveau-Brunswick. Soyez assuré(e) que votre courriel
sera examiné.
Si ceci est une demande médiatique, prière de la transmettre à
ashley.beaudin@gnb.ca<mailto:m
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Thu, 7 Feb 2019 09:26:25 -0400
Subject: Fwd: February 6, 2019 EUB 430 Matter transcript
To: Mike.Holland@gnb.ca, David.Coon@gnb.ca, kris.austin@gnb.ca,
brian.gallant@gnb.ca, blaine.higgs@gnb.ca, premier@gnb.ca,
andrea.anderson-mason@gnb.ca, Nathalie.Drouin@justice.gc.ca,
jan.jensen@justice.gc.ca, Brenda.Lucki@rcmp-grc.gc.ca,
hon.ralph.goodale@canada.ca, washington.field@ic.fbi.gov,
Boston.Mail@ic.fbi.gov
Cc: motomaniac333 <motomaniac333@gmail.com>
---------- Forwarded message ----------
From: Suzanne Ross <SueR1941@msn.com>
Date: Thu, 7 Feb 2019 12:41:05 +0000
Subject: February 6, 2019 transcript
To: "David.Raymond.Amos333@gmail.
<David.Raymond.Amos333@gmail.
<david.sollows@gnb.ca>, "Paul.Volpe@enbridge.com"
<Paul.Volpe@enbridge.com>, "dave.lavigne@enbridge.com"
<dave.lavigne@enbridge.com>, "Gilles.volpe@enbridge.com"
<Gilles.volpe@enbridge.com>, "jeffery.callaghan@
<jeffery.callaghan@
<gerald@kissnb.com>, "cstewart@stewartmckelvey.com"
<cstewart@stewartmckelvey.com>
<hanrahan.dion@jdirving.com>, "lcozzarini@nbpower.com"
<lcozzarini@nbpower.com>, "jfurey@nbpower.com" <jfurey@nbpower.com>,
"SWaycott@nbpower.com" <SWaycott@nbpower.com>,
"NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>,
"wharrison@nbpower.com" <wharrison@nbpower.com>,
"bcrawford@nbpower.com" <bcrawford@nbpower.com>,
"John.Lawton@nbeub.ca" <John.Lawton@nbeub.ca>, "ecdesmond@nbeub.ca"
<ecdesmond@nbeub.ca>, "Michael.Dickie@nbeub.ca"
<Michael.Dickie@nbeub.ca>, "dave.young@nbeub.ca"
<dave.young@nbeub.ca>, "Kathleen.Mitchell@nbeub.ca"
<Kathleen.Mitchell@nbeub.ca>, "general@nbeub.ca" <general@nbeub.ca>,
"heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com"
<rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>,
"jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
"dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>
"pierreroy@edmundston.ca" <pierreroy@edmundston.ca>,
"ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>,
"sstoll@airdberlis.com" <sstoll@airdberlis.com>,
"pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>
Hello,
Attached is yesterday’s transcript.
Thank you!
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 February 6, 2019.
Henneberry Reporting Service
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 February 6, 2019.
BEFORE: Raymond P Gorman, Q.C. - Chair
John Patrick Herron - Panel Member
Michael Costello - Panel Member
NB Energy and Utilities Board
- Counsel - Ms. Ellen Desmond, Q.C.
- Staff - David Young
John Lawton
Michael Dickie
Chief Clerk - Kathleen Mitchell
CHAIRMAN: Good morning, everyone. This is a pre-hearing conference
of the New Brunswick Energy & Utilities Board with respect to an
application by New Brunswick Power Corporation for approval of the
schedule of the rates for the fiscal year commencing April 1st 2019
and other relief that is outlined in the application. This is Matter
430.
I will start by taking the appearances, firstly NB Power Corporation?
MR. FUREY: Good morning, Mr. Chair. John Furey. I am accompanied
this morning by Ms. Clark, Mr. Waycott and Ms. Cozzarini.
CHAIRMAN: Thank you, Mr. Furey. David Amos?
MR. AMOS: Here.
CHAIRMAN: Thank you, Mr. Amos. Enbridge Gas New Brunswick?
MR. CALLAGHAN: Good morning, Mr. Chair. Jeffrey Callaghan, with me
is Paul Volpe.
CHAIRMAN: Thank you, Mr. Callaghan. Gerald Bourque? Is Mr.
Bourque not here today? J.D. Irving, Limited?
MR. STEWART: Christopher Stewart, Mr. Chair.
CHAIRMAN: Where are you at, Mr. Stewart? Thank you. Roger Richard?
DR. RICHARD: Yes, I am here.
CHAIRMAN: Merci. Utilities Municipal?
MR. STOLL: Good morning, Mr. Chair. Scott Stoll, with me is Mr. Garett.
CHAIRMAN: Thank you, Mr. Stoll. Public Intervener?
MS. BLACK: Good morning. Mr. Chair. Heather Black.
CHAIRMAN: And the New Brunswick Energy & Utilities Board?
MS. DESMOND: good morning, it is Ellen Desmond. With me is John
Lawton, David Young, Michael Dickie.
CHAIRMAN: Thank you, Ms. Desmond. So as I indicated when we opened
this pre-hearing, it is relating to the 2019 general rate application.
I want to make just a few general comments before we get going,
because typically these pre-hearing conferences are all about setting
a schedule and oftentimes there are no other issues.
There is a very -- this is somewhat of a unique filing, in my
experience, my 12 years as Chair of the Board, in that there is a very
large volume of documents that have been filed in confidence. And
that’s a little unusual but there are also many confidential items
that are restricted from various parties. And again, that is a bit of
a departure from my experience here.
The redactions, to be quite frank, were very difficult to pick up
because there was a light shading that got used in the evidence as
opposed to a dark shading. And some of the confidential filings
aren’t complete documents as they have been filed in the past. And
some documents don’t have a redacted version. In other words, the
full document is redacted so there is no -- nothing on the main record
that would show the redacted version. So I don’t know -- I think one
of the things that we are going to need to talk about today are the
claims for confidentiality and whether or not there will be any
challenge to them. But I did want to start with my general comments
because this is a very difficult filing to read, to comprehend,
because even the redacted documents, many of them only contain the
redacted portions. And in the past, generally speaking, we would have
had the full document. So it’s -- sometimes it’s a matter of having
to shift back and forth between documents. So hopefully this is a one
off and this wouldn’t be a typical filing going forward. It’s -- I am
sure that the parties have experienced some of the same difficulties
that I have had in attempting to review it.
So we will get to the confidentiality issues. There is a
confidentiality undertaking that has been proposed. And as well, at
this point in time, there are no objections to the claim for
confidentiality that have been filed yet. But in the notice of
hearing was indicated that we would talk about a process to deal with
that. So that will be one of the things we will have to deal with
this morning.
Of course, we will have to deal with the hearing dates and the
schedule, the typical thing that is the only item of business at many
pre-hearings.
And just generally before we get started, I want to indicate to
all of the parties here that I know that nobody was particularly happy
with the length of last year’s hearing. It had an awful lot of
issues, they certainly weren’t just GRA issues. It was almost like
three hearings rolled into one. So we are certainly going to try a
little bit of a new approach this year to try and stream-line it and
try to expedite the hearing. But having said that, we are not going
to do it in such a fashion as to prohibit anybody from asking
legitimate questions, to inquire, you know, into the matters. But we
are going to urge the parties to stick to the issues. You know, the
issues really flow from the filing itself, what’s been asked for and
so the information that would be required to assess that application.
If an issue has been covered by somebody and somebody else is really
just repeating the same questions, you should expect that we are going
to interrupt you. And you shouldn’t take it personally. If an issue
has been thoroughly covered, you know, sometimes it gets covered more
than one time and that’s really not necessary.
We do want to make the hearings more efficient, the same time not
compromising party’s abilities to do their cross examination and their
due diligence in assessing this application. And we will try to set
more definite start and stop times each day. I think sometimes we are
-- you know, we start a little late one day or we go later or we don’t
-- I think it is probably helpful for parties to have that a little
more predictable. So the Board will certainly do its part to try to
create some efficiency in the process this year. And I am quite
confident that the parties will cooperate in that endeavour.
So having said that, we have a number of notices of intervention.
And the intervener requests were from David Amos, Enbridge Gas New
Brunswick, Gerald Bourque, J.D. Irving, Limited, Roger Richard and the
Utilities Municipal. Our rules provide that any objection to a
request for intervener status must be filed with the Board no later
than the day prior to the pre-hearing. And the Board has received an
objection from NB Power with respect to the participation of David
Amos. So I will set that aside for just a moment. With respect to
the other five interveners who have requested status, the Board has
not received any objection. I just stop here for a second because,
you know, it is possible we missed something. But, Mr. Furey, is that
correct, there is no other objections?
MR. FUREY: That’s correct, Mr. Chair.
CHAIRMAN: All right. So we have reviewed the requests for
intervener status by Enbridge Gas New Brunswick, Gerald Bourque, J.D.
Irving. Limited, Roger Richard and the Utilities Municipal. And all
of those parties will be granted intervener status in this proceeding.
Mr. Costello thinks I might have missed Enbridge Gas New Brunswick
when I said that. I thought I said them but in any event, the -- I
will repeat it just to be sure. So we are granting intervener status
to Enbridge Gas New Brunswick, Gerald Bourque, J.D. Irving, Limited,
Roger Richard and Utilities Municipal.
So I think before we get down to -- well maybe there is one other
one we can deal with fairly quickly. The confidentiality undertaking
form that has been provided has been reviewed and it appears to
follow, if not, identically, very closely to the form that was used
last year. Are there any parties that have any objection or any
reason that they believe that that should not -- there is something in
there that shouldn’t be there? All right. Hearing no objection, then
the Board will approve the confidentiality undertaking form that has
been proposed by NB Power.
So I think the next order of business would be to deal with the
one remaining request for intervener status, that being the request by
David Amos. And the Board did receive a notice requesting that the
Board disallow -- there was an objection filed by NB Power under our
rule 3.2.7 and this objection was to Mr. Amos’ application for
intervention.
So, Mr. Furey, you filed that objection, so do you have anything
to say about that?
MR. FUREY: Thank you, Mr. Chair. I do have a few additional comments.
Our argument with respect to this has not changed substantially
from the argument that we presented in Matter 375 in October of 2017.
I would start by saying that this is not a position that NB Power
enjoys taking. We are reluctant to ask the Board not to grant an
intervener status. However, it is our view that Mr. Amos’ pattern of
confrontational behaviour has continued since that time. And NB Power
remains of the view that Mr. Amos is not capable of an intervention in
a responsible, respectful manner.
There are four instances that I am aware of that Mr. Amos has
either appeared before the Board or had communication with the Board.
There may be others but the four that I am aware of are the hearing of
the -- or an attempt to re-hear a motion in Matter 357. There was the
hearing of the objection to intervener status in Matter 375 on October
31st of 2017. There is the Public Session held by the Board in Matter
375 in February of last year. And then there is the intervention
request that has been put forward on February 1st of this year by Mr.
Amos.
And to some extent the Board has already dealt with some of these
issues. In Matter 357, the transcript of that particular motion is
attached to attachment 1 of the documents we have filed today at
appendix I. I am not going to go there. The Board has reviewed that
in the past. And the Board has already reviewed on that and I -- or
ruled on that. I am going to go to that. At attachment 2 of the
objection that we filed at page 84 of that transcript -- I am simply
going to read a little bit of the Board’s decision on that matter.
In giving the decision the Chairman said, NB Power objects to his
intervention claiming his conduct during the hearing of a motion in
Matter 357 was confrontational and that his arguments lacked any
connection to the issues before the Board. The Board agrees with that
assessment.
So when I say the Board has already dealt with the 357 issue that
is what I mean, the Board has already ruled on that.
In Matter 375 and the hearing of that original objection to
status, again at page 84 of the transcript that appears at attachment
2 of our documents, the Board goes on to address that and says, in the
present matter, Mr. Amos was given ample opportunity to put forward a
case that would support a respectful and responsible intervention. He
failed to do so, rolling forward issues raised in Matter 357 and not
addressing the issue before us today.
And that was the Board’s assessment of Mr. Amos’ arguments on that
day. But it is useful to sort of revisit, because I think we forget
these things.
If we go back to page 81 of that transcript, after Mr. Amos had
addressed what can only be described as extraneous issues for some
time, the Chairman interjects and says, Mr. Amos, please hear me out.
We have listened to you for 20 minutes or so, still haven’t heard your
response to how you can participate in this proceeding in a respectful
manner and stick to the issues. And at the end of that sentence the
Chair says, everything else you have talked about is off topic. To
which Mr. Amos responds, you just interrupted me, sir. And that
carries on for a while. On page 83, the Chairman indicates, Mr. Amos,
one last time I am going to give you an opportunity to address the
issue of how you can participate in a respectful and responsible
manner. If you don’t want to talk about that topic, we will take an
adjournment and we will consider the request that Mr. Furey has made.
And that goes on a little bit. And eventually the Board does recess
and give its decision. So that was Matter 375 at that hearing.
The next interaction that I am aware of is the Public Session in
Matter 375 that took place on February 7th of 2018. And the
transcript of that public session, at least the part that Mr. Amos
presents at, is attached as attachment 3 to our notice of objection.
And again for a period of time -- I should say at the outset, the
Vice-Chairman indicated to Mr. Amos that he would have 21 minutes,
more than the 15 minutes allotted because another presenter had been
-- had gone over time. So after some period of time again of
extraneous discussion, at page 36 of that transcript the Vice-Chairman
interjects and says, so, Mr. Amos, I hate interrupting. To which Mr.
Amos says, you are interrupting me, sir. And that goes on for a few
minutes -- few moments, to the top of page 37 where there is a
discussion about whether Mr. Amos is being shut down by the
Vice-Chairman to which Mr. Amos then replies, do you want me to sue
you, sir, then turn off your mic. And then the Vice-Chair it appears
to me -- I am characterizing this a little bit. But it appears to me
that the Vice-Chair then allows Mr. Amos to proceed until his time
limit. And on page 43 the Vice-Chairman again interjects saying, Mr.
Amos, I will intervene now. It is 7:06 so you have had your 21
minutes. Mr. Amos’ response, all right. I will see you in another
court. And continues, that’s fine. I am suing you. It’s him I am
concerned about. He might be dead before me.
And finally, the fourth interaction. It is not an appearance but
the intervener request that Mr. Amos has filed in this matter. And he
appears to have a specific issue that he wants to bring forward. He
indicates that -- he is referring back to his appearance at the open
session on February 7th. And he indicates that he explained to the
EUB in no uncertain terms that he is a whistle blower against NB
Power’s auditor KPMG. And the attachments to his intervention appear
to me -- I am going to characterize them as allegations of conflict of
interest against KPMG with respect to individual taxpayer’s matters
before the Canada Revenue Agency. All of which is extraneous to this
hearing.
So in our submission, the evidentiary basis for this objection is
stronger this time than it was in Matter 375. The pattern of
confrontational behaviour in which Mr. Amos is focused on allegations
of conflict of interest, unethical behaviour, lawlessness against
lawmakers, judges, lawyers, members of this Board continues with no
sign of abatement. And so in that circumstance, again while
emphasizing that this is not a typical position that NB Power would
take, in this circumstance we feel compelled to ask the Board to deny
Mr. Amos’ request for intervener status.
CHAIRMAN: Thank you, Mr. Furey. Mr. Amos?
MR. AMOS: Good morning, Mr. Herron. Remember me? Yes or no? You
must have recognized some of the documents that NB Power has filed in
this matter, haven’t you?
CHAIRMAN: Mr. Amos, do you have a presentation to make?
MR. AMOS: Yes, I do. First off --
CHAIRMAN: Please make it.
MR. AMOS: First off, I made the Board aware that I got no notice of
this until my friend Roger notified me of it. NB Power didn’t email
me. They knew my email address. They knew my new one. Sent it to my
old one. My friend Roger notified me. I contacted the Board.
Notified NB Power of my indignation. That said, after I read the
documents served upon me yesterday, let’s look at Mr. Furey’s letter
with respect to the timing of the hearing of the notice of objection
to the intervener request, Mr. Amos, NB Power is prepared to argue
this issue at the pre-hearing conference or at an alternate time set
by the Board.
Now fool me once, shame on you, fool me twice, shame on me. Now
Halloween of 2017, I had no notice. I had to buy this thing to get
internet after that. He files exactly the same document filed by
Wanda Harrison, October 30th. I have every right to have the same
courtesy extended to me that was extended to Peter Hyslop. And Mr.
Furey’s convenient memory, when I intervened and he was seeking to be
paid by this Board, I filed those documents then after I was invited
by Mr. Fury and his associates to a secret meeting in the law office
of Stewart McKelvey. Then after Mr. Hyslop decides to withdraw, this
Board decides to oblige Mr. Russell and stop the 357 hearing until
after the election. When the 357 matter began again, I was surprised
to see you, Mr. Gorman. I thought you were retired. But apparently
you had been re-appointed by the former Liberal government.
On October 12th, when we encountered each other, nobody minding me
sitting there then. At the time, Mr. Gallant during the election,
which Roger and I and Gerald all ran against in, during the election
Premier Gallant said that he was going to block rate increases of NB
Power for four years. On October 12th he was still Premier. You guys
didn’t know what to do. You were going to get in a consultant or
something. My friend Roger asked about this rate increase hearing as
soon as Mr. Higgs becomes Premier. I said why waste our precious
time? It’s not about smart meters. His issue is about smart meters.
He said I am scared they are going to slip it in. I said, no, they
are not, Roger. It’s a rate increase hearing.
We had decided not to intervene until he got spooked on Friday.
He relies on me to help him. He intervened, I intervened. This
matter is about rate increases based on the opinion of KPMG and Mr.
Gaetan and probably Mr Murphy but I can’t read the signature. As far
as I know, NB Power has never, I repeat never been audited, ever. I
don’t care about the opinion of KPMG. I caused hearings at the senate
banking committee in Washington about them in November of 2003 before
I ran against Mr. Herron for his seat in parliament. I served many of
those documents upon Mr. Herron and his lawyer David Lutz, who is
mentioned in these documents filed by Mr. Furey. That said, I have
every right as a taxpayer and a citizen of this province and I just
bought real estate in New Brunswick and need power to intervene
because the Public Intervener can’t speak for anyone. My friend
speaks for business. I speak for the ordinary ratepayer. The only
person that doesn’t pay an NB Power bill in this room is Mr. Stoll and
his new partner is a former Minister of Public Safety who had me
arrested. All this is well known to Mr. Herron since 2004. Now you
don’t want me to address him but if he is going to stand judgment on
me, I see a huge conflict of interest. You are a lawyer, sir. You
should have understood these documents I filed in the 357 Matter. You
should have not allowed Mr. Furey to edit them. Now I have the right
to respond --
CHAIRMAN: Excuse me, what editing are you talking about?
MR. AMOS: The documents he edited. I told you in the last time.
That said, I have the right to respond in writing to Ms. Harrison.
She details many things. If any lawyer in this room had saw what she
said about them and for EUB to publish those statements so the world
could see, that is what is called libel. Five years in jail, section
300. He just libelled me some more. He just said just now on the
record things I did not say. I asked Henneberry for a tape of the
hearing. Ms. Desmond says not my job. Henneberry won’t return my
calls. I did not say dead Bernie. I said Derrick Bernie. And I
threaten no one. And then talks about -- about somebody being dead
before me. And I said no such thing. I asked the lady for a copy of
the tape. She says copyright. I said how can you copyright my words.
And you shouldn’t twist my words. I said no such thing.
Now his memory is convenient. If he recalls when I first
introduced myself, it was a pre-conference hearing, 357 Matter. He
got in a big argument with Mr. Hyslop. There was documents back and
forth. The Board and I got along just fine. He invited me to a
confidential hearing or meeting with Mr. Todd. Everything was just
fine until the Board decides to accommodate Mr. Russell. I have every
right to cross examine Mr. Russell. Mr. Stoll flies in, wants to
cross examine him. They make a deal so I can’t cross examine him
because Mr. Stoll is happy. No way. That wasn’t even a motion day.
I asked you if I could make a motion. You wouldn’t answer. I made a
motion. And then you put me on the telephone. How come I don’t get
the same courtesy he does? All that said, yes, this is a matter for
another court.
As you notice in the email I sent you, I contacted the RCMP just
as soon as I looked at his latest filing. I consider it libel,
period. That said, I will answer Ms. Harrison in writing to every one
of her accusations and then the Board should set a time, probably a
couple of days, so we can argue every paragraph. You would do the
same for Mr. Hyslop, I am entitled to the same courtesy, period.
CHAIRMAN: Do you have anything further?
MR. AMOS: Mr. Herron, I suggest you dig up everything that has been
filed in this Matter. You were served these documents in 2004. I
never got an answer from you or your lawyer.
CHAIRMAN: So, Mr. Amos, I just have a couple of questions on your
-- your submission. At the beginning you talked about collaborating
with Mr. Richard about whether you would intervene or not. So I take
it that the two of you work together on the presentations that you
make here at the Board?
MR. AMOS: With your blessings.
CHAIRMAN: And I am not sure how this is relevant. You talked about
buying real estate and you will need power. Are you telling me you
are not a ratepayer now for NB Power?
MR. AMOS: Ever since I run against Mr. Herron I have been homeless.
People have kept me and they paid my power bill. Now I bought my own
real estate and NB Power wants a deposit from me before I hook up
power. I would like to see somebody ask for a deposit before they
sell me the first cup of coffee. Furthermore, NB Power has never been
audited. I do not care about the opinion of KPMG. I am a whistle
blower against KPMG. KPMG is also a law firm. Everybody knows how
many lawyers I have sued. KPMG audited the US Treasury Department
when I caused the hearings at the senate banking committee in
Washington about Putnam Investments, ringing any bells, Mr. Herron?
CHAIRMAN: So, Mr. Amos, if I can go back to the question. Are you
telling me that currently you are not a ratepayer?
MR. AMOS: I am telling you I am David Amos and about to get a power
bill and I have been kept since 2005 by other ratepayers and I earned
it.
CHAIRMAN: No, I understand that. But are you currently a ratepayer?
MR. AMOS: Are you splitting hairs?
CHAIRMAN: No, I am simply asking a question.
MR. AMOS: Today I am not a ratepayer. I am the man that’s paying your wages.
CHAIRMAN: Okay. You have brought up in your notice of intervention
this issue that you are talking about KPMG. And how is that -- and
then towards the end of this you said it’s an issue -- that’s a matter
for another court. So --
MR. AMOS: KPMG is well aware of murder, as is Mr. Herron.
CHAIRMAN: No. So --
MR. AMOS: Mr. Herron has had a copy of a wiretap tape of the mob
since 2004. Would you like to discuss murder, sir?
CHAIRMAN: So, Mr. Amos, are you suggesting these are matters that
this Board --
MR. AMOS: I am suggesting there is a huge conflict of interest --
CHAIRMAN: Excuse me.
MR. AMOS: -- and you are trying to save your butt.
CHAIRMAN: Are you suggesting this is a matter that -- that this
Board would --
MR. AMOS: It’s a matter for federal court. Just because of what he
said now. I didn’t threaten to kill anyone, period.
CHAIRMAN: Are you suggesting that this Board has the jurisdiction
to deal with these issues --
MR. AMOS: This is not a court.
CHAIRMAN: Or this Board. I know it’s a Board.
MR. AMOS: You are overseen by a Minister of Energy, Mr. Holland.
CHAIRMAN: So you are suggesting that this Board has that jurisdiction?
MR. AMOS: You have no jurisdiction. None. You have no
jurisdiction over me. I have jurisdiction over you. You work for me.
I am the taxpayer here. And just because I don’t have a power bill
today, I don’t care. I don’t care. I pay your wages.
CHAIRMAN: So, Mr. Amos, just maybe one last question and that is
really about your purpose for intervening, because your application
seems to emphasize this issue that you are talking about with respect
to KPMG. Is that what -- why you are intervening? Is that the issue
you want to --
MR. AMOS: Let’s -- let’s go back. My friend Roger, when they come
out with the rate increase after Mr. Gallant was no longer premier, he
was asking me about intervening because he is concerned about smart
meters. That’s his biggest concern, smart meters. I said, Roger,
don’t worry about smart meters. Listen to the news. Mr. Thomas has
to hustle people because you people denied him having smart meters.
357 is about that issue. I made sure he intervened much to the
chagrin of Mr. Furey. Mr. Furey did not want Roger to intervene in
the hearing. Now in my intervention, I provide an email that was
acknowledged by the Board on April 3rd. Now by April 3rd of last
year, his issues of smart meter had gone by the wayside. So there was
no longer -- it had been all heard. You guys didn’t recognize the
professor from McGill as an expert. Mr. Furey didn’t ask him the
first question. He addressed all its concerns as best he could about
smart meters. A month or so went by.
April 3rd -- it come out in late March that NB Power had reached
a settlement of the lawsuit. However, I see no sign of any money
going into NB Power’s books this time. So they must have slipped it
in after April 1st last year. But they apparently received the
settlement in March. Wanted to keep it a secret. I told him it’s
important we go to the hearing. You folks were somewhat surprised to
see my friend at the hearing. I was sitting at his side. I listened
very closely to the hearing. When I heard Mr. Stewart mention the
Canada Revenue Service three times, I sent you an email. Bingo. His
client, the Irvings, use KPMG all the time as a law firm. That said,
I sent you all the email. It was acknowledged, right. I sent it to
the Minister, sent it to the RCMP. Then you asked my friend Roger
what he thought. In the email I sent you this morning, which is a
transcript of April 3rd -- did you look at the email I sent you this
morning?
CHAIRMAN: We have a copy of that transcript, yes.
MR. AMOS: I beg your pardon?
CHAIRMAN: We have a copy of that transcript.
MR. AMOS: Yeah. After Mr. Stewart did his big spiel about Revenue
Canada, et cetera, you asked my friend Roger what he thought. Roger
voiced his opinion about freezing price rates months before Gallant
dreamed it up. And then he said if he ran his business like NB Power
runs it, his would be flat lined. That’s what Roger said. Roger
voiced his opinion fairly articulately. He asked, since they had this
big settlement and were looking to decrease their price rate, perhaps
you should adjourn the hearing and start 357 again. That’s what he
said. It’s in the transcript. It’s in the email I sent you. I also
published it on the internet. I also sent it to the RCMP. That said,
it is what it is. I heard that. I sent the email. You responded.
The second part of my intervention that he considers nothing is even a
letter from the Ombudsman of KPMG not long after I ran against Mr.
Herron. If the Ombudsman of KPMG is trying to make a deal with me and
I was introduced to him by the RCMP, you don’t think that has any
gravity?
CHAIRMAN: So, Mr. Amos, again I am going to go back to your
intervener request. And when you talk about your interest in the
proceeding it says, David Raymond Amos, on the evening of February 7th
2018, explained to the EUB in no uncertain terms that he is a whistle
blower against NB Power’s auditor KPMG and that he has every right to
question their actions in support of NB Power or anyone else, for that
matter.
And it goes on to talk about having made NB Power aware of many
communications, et cetera. And then there are a number of pages that
have emails in some way or another relating to that topic.
So is that the purpose that you are looking to intervene is to
deal with that issue?
MR. Amos: Mr. Gorman, if you recall before we had the hearing on
the phone about whether or not to cancel the 357 -- or adjourn the 357
Matter, I sent you emails going, do you remember me now, Mr. Gorman?
Because as soon as you were appointed, I sent you emails before the
economy collapsed. I forwarded those emails to you. Those would be
some of the filings I will file when I respond to his submission. I
have every right to respond to Ms. Harrison’s documentation in
writing.
CHAIRMAN: So, Mr. Amos, you haven’t answered my question, however.
Is that your purpose for the intervention request?
MR. AMOS: I most definitely want to grill Mr. Murphy about his
opinions about the purported accounting of NB Power because I don’t
think NB Power has ever been audited ever.
I don’t care about opinions. I want to see an audit. It’s my
money and yours. I know that Hydro-Quebec is audited by the Auditor
General of Quebec. Nobody audits NB Power. The Auditor General of
New Brunswick was telling everybody in a report for the government to
stay out of NB Power’s business. And yet they had a big committee
hearing yesterday inspired by David Coon. Just who is -- the fox is
guarding the hen house. NB Power, nobody oversees them, even you
don’t. Nobody audits NB Power. I don’t -- and then KPMG, you think I
am going to trust one word of KPMG when they have covered up murder.
CHAIRMAN: So, Mr. Amos, then you are not recognizing the audited
financial statements that --
MR. AMOS: They are not audited. Number 1 it is signed KPMG. I
know when I was in business and I had an auditor and I reported to the
taxman, he had to sign that on pains and penalties of perjury with the
CRA and lose his license. I had an auditor. I was in business.
Apparently I was more successful percentage-wise than NB Power ever
dreamed of. I would love to have the nature of their business and not
-- and they don’t make any money. I don’t believe it. The -- the --
the Quebecers were willing to pay nearly $5 billion and then Mr.
Graham resolved the deal to 3.2 billion without the transmission
lines. Well the Quebecers don’t pay $5 billion for debt. There is no
need to raise rates. They are way over 20 percent equity. I don’t
care what KPMG purportedly claims. I want to see an audit. And in
order to see an audit, it must be audited.
CHAIRMAN: Okay. Thank you, Mr. Amos. I appreciate that this is a
matter primarily between Mr. Amos, who has applied to be an
intervener, and NB Power, who has objected. Our rules call for a copy
of that objection to be served on all of the parties. I am not sure I
can -- why we have put that in the rules, but the fact that we have
done it, one might think -- look at it that parties might have an
opportunity to comment on this because of that requirement. So on
that basis, I am going to see if anybody has any comments on this
issue. So I will start with Enbridge Gas New Brunswick. Mr.
Callaghan, do you have any comments on this matter?
MR. CALLAGHAN: No, comments, Mr. Chair.
CHAIRMAN: Thank you. Mr. Stewart?
MR. STEWART: No comment, Mr. Chair.
CHAIRMAN: Yes. Mr. Richard?
DR. RICHARD: Yes, if you permit. Mr. Amos is a very knowledgeable
person. Mr. Amos only speaks the truth. But he has difficulty to
verbalize it in a way we can understand. If we let him speak, let him
enough time, we will all learn something. I can assure you that it
will be worth the while. Of all the citizens of New Brunswick, we are
only three independent interveners. You accepted four Americans in
our Board of Directors last year. And you are considering eliminating
a New Brunswicker as an intervener. New Brunswickers come in various
forms. Please get accustomed to varieties and accept them as they
come. Mr. President, I know your ability to manage various groups of
people. You are able to accommodate Mr. Amos’ mode of communication.
With the right attitude, we can all learn to understand the way Mr.
Amos communicates. His message is very important for our province.
Because we are in financial and environmental difficulty, very, very
important. His concern with KPMG is genuine. We want to argue that
NB Power needs to be audited by our general auditor. It is essential
that Mr. Amos be an intervener for our province, unless NBEUB is a
private club. And thank you, Mr. President.
CHAIRMAN: Thank you, Mr. Richard. Mr. Stoll?
MR. STOLL: Thank you, Mr. Chair. We don’t see that Mr. Amos’
participation is going to be helpful to an efficient hearing. So we
are supporting the NB Power motion.
CHAIRMAN: Thank you. Ms. Black?
MS. BLACK: No comment, Mr. Chair.
CHAIRMAN: Ms. Desmond, any comment?
MS. DESMOND: No comment.
CHAIRMAN: Okay. Thank you. We are going to take a short
adjournment and when we come back -- I think before we actually get to
the schedule -- and I know that NB Power has produced and filed a
suggested schedule and I am not sure if others -- you know, if there
has been any discussion about that at all. But I think before we can
really get into a scheduling discussion, I think we also need to talk
about the redactions of the confidential information.
MR. FUREY: Certainly, Mr. Chair. If I could make one additional
comment that might be helpful. It is not directed to Mr. Amos’
status. But I think it’s important for Dr. Richard to understand, and
I am putting it on the record now, that NB Power is not seeking
approval of AMI capital expenditures in this hearing. This is a rate
hearing. And I want him to understand that AMI is not on the table in
this hearing.
CHAIRMAN: Okay. Thank you. So we will take a brief adjournment.
(Recess)
CHAIRMAN: All right. So we will deal with the notice of objection
relating to Mr. Amos’ intervener request in this Matter.
And first of all, I want to make a comment about the intervener
request. It does not seem to, on the face of it, deal with the
matters that are going to be in issue in Matter 430. I made some
general comments at the opening of the session today that the Board
intends to keep people on topic this year. And this applies to
everybody. I wouldn’t just be referring to Mr. Amos here. That if
there are issues that are not pertinent to the rate application, then
this is not going to be the forum to air those issues.
Me. Amos, in making his argument this morning, suggested two
things that the Board is going to take into consideration. One is
that he got a fairly late notice yesterday with respect to the notice
of objection. It is my understanding that he has changed his email
address and that the new one and the old one are somewhat similar. I
understand, Mr. Amos, that somebody from our office did provide you
with a copy of the notice of objection but it would have been later on
in the day, I expect.
And secondly, Mr. Amos says that he needs a little bit of time to
provide a written response to the written objection. And our rules
don’t speak to that. They simply say that we will set a time to deal
with the objection, which is this morning.
The Board believes that Mr. Amos, in the circumstances of this
case, can be given an opportunity to provide written remarks. And we
will give you one week. So a week from today by noon, if we have your
comments, written comments with respect to this issue -- and I would
ask you to confine your remarks to the issue that we have today which
is whether or not you will be granted intervener status. And the
Board will then issue a written decision on this matter just as
quickly as we can.
So having said that, your intervener request is not granted today.
We haven’t declined it. But it has not been granted today. So for
purposes of today’s proceedings, you are not an intervener but we
will, before we determine for the hearing whether or not you will be
an intervener, we will consider your written remarks. They are to be
filed no later than noon, one week from today.
Mr. Furey, do you see any reason why you would need time or an
opportunity even to respond to any written comments from Mr. Amos?
MR. FUREY: I don’t anticipate at this time that we would require a
response. It probably wouldn’t be unreasonable to say 24 hours later,
if the Board was inclined to give us that opportunity, it would be a
very short time frame. I would think 24 hours would be more than
sufficient.
CHAIRMAN: All right. Then we will provide you with a 24 hour
opportunity to respond to any remarks that Mr. Amos may provide to us.
So that would be Thursday of next week at noon. And if we haven’t
received anything from NB Power -- if we have got Mr. Amos’ remarks
and we don’t have anything from you, then we will proceed to
deliberate on this matter and issue a written decision. This is not a
decision that will take -- I don’t believe it will take a long time.
I would expect that we will have it out either at the end of next week
or the beginning of the following week. Mr. Amos, did you have a
question?
MR. AMOS: Thank you for the time. You are a Queen’s Counsel, it is
my understanding. Do you understand the documents that Mr. Furey
filed of mine in this Matter and the documents I filed in the 357
Matter?
CHAIRMAN: Mr. Amos, rather than you putting questions to me, you
have made your argument this morning as to why you should be granted
intervener status. I am giving you an opportunity to provide the
written response that you requested. And any comments of that nature
-- anything about the nature of these documents or why they are or are
not relevant, why we should consider them, you can put those in your
remarks.
MR. AMOS: You are a lawyer.
CHAIRMAN: Sir, we are talking now about procedure. And the
procedure that we have provided is we are giving you one week to
provide a written response. Do you have any questions on what we have
decided?
MR. AMOS: Why won’t you answer me?
CHAIRMAN: Sir, do you have any questions on the decision that we
have made with respect to your request today?
MR. AMOS: No, I don’t.
CHAIRMAN: Okay. Thank you. All right. So the other issues that
we have before us today is we have to obviously look at the hearing
dates and the schedule. And the question of the confidentiality
claims, whether or not there is going to be any challenge to those, I
think has to be sorted out and -- because I think that may impact on
the schedule as to whether or not some time has to be set aside for
that.
So perhaps just dealing with the claims for confidentiality and
maybe even in the context of some of the general comments that I made
when we opened this morning. So, Mr. Furey, do you have any sort of
general comments to make with respect to the claims for
confidentiality? I mean, we are not here today to deal with them.
Nobody has actually filed any requests for us to review those. I just
wonder in terms of a process that might be followed if it’s necessary
and any sort of general claim -- or any general comments on the issues
that I raised earlier?
60078
Hydro‑Québec Annual Report
Auditors’ fees and independence
KPMG LLP, Ernst & Young LLP and the Auditor General of Québec
are Hydro‑Québec’s independent auditors for 2017. The professional
fees billed by KPMG LLP and by Ernst & Young LLP in 2017 for services
other than auditing and certification amounted to 13.8% of the total
$4.9 million in fees billed. Hydro‑Québec uses various mechanisms
to enable the Audit Committee to ensure that independent auditors
remain independent, including a process whereby any audit engagement
is analyzed beforehand. No professional service engagement
may be assigned to the Auditor General of Québec, since that office
serves the National Assembly exclusively.
Ethics
Hydro‑Québec attaches great importance to ethics in all aspects of its
activities. As a government-owned corporation, Hydro‑Québec must
demonstrate exemplary probity, and it can do so only with the consistent
support of its employees, who must meet the highest standards with
respect to ethics and irreproachable conduct. Loyalty, integrity, respect,
discretion and fairness are ethical principles reflecting Hydro‑Québec’s
social commitment to its customers and the community. Ethical rules
resulting from these principles are set out in the Code of Ethics and
Rules of Professional Conduct for Directors, Executives and Controllers of
Hydro‑Québec and in the employee Code of Conduct, which was updated
in 2017. The latter document, available (in French only) at www.hydroquebec.
com/data/a-propos/pdf/code-
all employees fulfill their duties with integrity and loyalty, in accordance
with Hydro‑Québec’s ethical principles. The company’s ethics training
activities include a mandatory self-training program on these principles,
for all employees.
hydroquebec.com
HYDRO-QUÉBEC
Édifice Jean-Lesage
75, boulevard René-Lévesque Ouest
20e étage
Montréal (Québec) H2Z 1A4
CANADA
Telephone: 514 289-2211, ext. 2316
E-mail: accueil@hydro.qc.ca
INVESTOR RELATIONS
Édifice Jean-Lesage
75, boulevard René-Lévesque Ouest
5e étage
Montréal (Québec) H2Z 1A4
CANADA
Telephone: 514 289-2518
E-mail: rel.inv@hydro.qc.ca
Hydro‑Québec wishes to thank all
the employees and suppliers whose photos
appear in this Annual Report.
© Hydro-Québec
Affaires corporatives et secrétariat général
Reproduction authorized with reference to source
Legal Deposit – 1st quarter 2018
Bibliothèque et Archives nationales du Québec
ISBN 978-2-550-80381-2
2017G300A
This is a translation of the original French text.
The French version shall prevail.
Ce document est également diffusé en français.
https://www.cbc.ca/news/
NB Power behind on plan to pay down $1 billion in debt
The utility would need to increase rates by 22.3% to pay down its debt
on schedule
Robert Jones · CBC News · Posted: Feb 05, 2019 6:30 AM AT
185 Comments
David Amos
Methinks the folks who offer their opinions on NB Power's debt and
rate hikes should consider attending the first day of the public EUB
hearing of the 430 Matter today at 9.30 AM in the Delta Hotel in Saint
John N'esy Pas?
David Amos
Methinks tomorrow should prove to be an interesting day at the EUB
hearing o the 430 Matter byway of all the documents that the NB Power
lawyers served on me at the last minute Anyone can download them from
the EUB website if they truly cared N'esy Pas?
Mark (Junkman) George
Here is "the deal".
It serves no one's purpose to run NB Hydro efficiently.
The politicians don't care and see it only as a source to provide
patronage positions.
The folks running it have no desire to operate it efficiently,
otherwise they would have no excuse for rate hikes, and big budgets
indexed to their bonuses.
I *guess*, on many levels, privatization is an answer of sorts, but
does not assure efficient operation and/or decent competitive energy
pricing.
I *suppose* the best thing to do is remove all political control along
with all the middle managers.
Roger Richard
@Mark (Junkman) George You may be right, we should be able to find a
solution. But I wonder where integrity when?
David Amos
@Roger Richard Methinks you know as well as I that I will have another
chance to teach NB Power, the EUB and many lawyers a lesson about
Integrity tomorrow morning at 9.30 in the Delta Hotel in Saint John
N'esy Pas mon cher ami???
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 16 Jul 2019 09:31:18 -0400
Subject: Methinks the EUB and Johnny "Never Been Good" Herron in
particular forgot that one Intervener had lots to say EH Mr Furey?
To: andrea.anderson-mason@gnb.ca, Bruce.Macfarlane@gnb.ca,
marc.martin@snb.ca, hugh.flemming@gnb.ca, robert.gauvin@gnb.ca,
kris.austin@gnb.ca, rick.desaulniers@gnb.ca, serge.gauvin@snb.ca,
michelle.conroy@gnb.ca, attorneygeneral@ontario.ca,
caroline.mulroneyco@pc.ola.org, rbrossard@contribuables.ca,
krondolo@generationscrewed.ca, federal.director@taxpayer.com,
jbowes@taxpayer.com, Dominic.Cardy@gnb.ca, Ernie.Steeves@gnb.ca,
greg.byrne@gnb.ca, tyler.campbell@gnb.ca, andrew.scheer@parl.gc.ca,
PABMINMAILG@cra-arc.gc.ca, Bill.Morneau@canada.ca, premier@gov.bc.ca,
maxime.bernier@parl.gc.ca, strathmore.brooks@assembly.ab.
brian.hodgson@assembly.ab.ca, calgary.lougheed@assembly.ab.
leader@
premier@ontario.ca, scott.moe@gov.sk.ca, premier@gov.ab.ca,
premier@leg.gov.mb.ca, ksims@taxpayer.com, fterrazzano@taxpayer.com,
pmacpherson@taxpayer.com, on.director@taxpayer.com,
prairie@taxpayer.com, Diane.Lebouthillier@cra-arc.
brian.gallant@gnb.ca, David.Coon@gnb.ca, Kevin.A.Arseneau@gnb.ca,
megan.mitton@gnb.ca, BrianThomasMacdonald
<BrianThomasMacdonald@gmail.
Cc: David Amos <david.raymond.amos333@gmail.
jason.humphrey2@gnb.ca, "Furey, John" <jfurey@nbpower.com>, wharrison
<wharrison@nbpower.com>
---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Fri, 17 May 2019 08:17:44 +0000
Subject: Automatic reply: Methinks whereas the EUB transcripts can't
be trusted perhaps the Brattle Group should have some of their people
attend the EUB hearing next week
To: David Amos <david.raymond.amos333@gmail.
Thank you for contacting The Globe and Mail.
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---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Fri, 17 May 2019 04:17:36 -0400
Subject: Methinks whereas the EUB transcripts can't be trusted perhaps
the Brattle Group should have some of their people attend the EUB
hearing next week
To: David Amos <motomaniac333@gmail.com>, Michael.Cragg@brattle.com,
James.Reitzes@brattle.com, Lynda.Borucki@brattle.com,
Andy.Harington@brattle.com
Cc: "Jacques.Poitras" <Jacques.Poitras@cbc.ca>, "Robert. Jones"
<Robert.Jones@cbc.ca>, "David.Akin" <David.Akin@globalnews.ca>,
Newsroom <Newsroom@globeandmail.com>, "steve.murphy"
<steve.murphy@ctv.ca>, gthomas@nbpower.com, jfurey@nbpower.com,
bplummer@nbpower.com, Marc.Belliveau@gnb.ca, "Dominic.Cardy"
<Dominic.Cardy@gnb.ca>, tj <tj@burkelaw.ca>, kelly
<kelly@lamrockslaw.com>, "Holland, Mike (LEG)" <mike.holland@gnb.ca>,
"robert.mckee" <robert.mckee@gnb.ca>, "robert.gauvin"
<robert.gauvin@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>,
"rick.desaulniers" <rick.desaulniers@gnb.ca>, "michelle.conroy"
<michelle.conroy@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>, "Arseneau,
Kevin (LEG)" <Kevin.A.Arseneau@gnb.ca>, "Mitton, Megan (LEG)"
<megan.mitton@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"brian.gallant" <brian.gallant@gnb.ca>, "denis.landry2"
<denis.landry2@gnb.ca>, "greg.byrne" <greg.byrne@gnb.ca>, "Jack.Keir"
<Jack.Keir@gnb.ca>, "jeff.carr" <jeff.carr@gnb.ca>, "hugh.flemming"
<hugh.flemming@gnb.ca>, pm <pm@pm.gc.ca>, "Katie.Telford"
<Katie.Telford@pmo-cpm.gc.ca>, andre <andre@jafaust.com>, oldmaison
<oldmaison@yahoo.com>, "andrew.scheer" <andrew.scheer@parl.gc.ca>,
"maxime.bernier" <maxime.bernier@parl.gc.ca>, leader
<leader@greenparty.ca>, "elizabeth.may" <elizabeth.may@parl.gc.ca>
Obviously the Henneberry Reporting Service forgot to mention that Mr.
Beaulieu attended the hearing and it was held in Delta Hotel,
Fredericton N.B, it should be easy to understand why I stongly
disagreed with their trancript of the public session I spoke at in
2018 N'esy Pas?
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 9th 2019.
BEFORE: Raymond P Gorman, Q.C. - Chair
John Patrick Herron - Panel Member
Michael Costello - Panel Member
Patrick Ervin - Panel Member
NB Energy and Utilities Board
- Counsel - Ms. Ellen Desmond, Q.C.
- Staff - David Young
John Lawton
Michael Dickie
Chief Clerk - Kathleen Mitchell
CHAIRMAN: Good afternoon, everyone. Bonjour. Before we get
started with today’s session, I want to point out that translation
devices are available at the back of the room so if anybody needs one,
please take this opportunity to secure one. All right.
Welcome to today’s special session of the New Brunswick Energy and
Utilities Board. All members of the Energy and Utilities Board are
present today, including Vice-Chair, Francois Beaulieu, and Members,
Michael Costello, Patrick Ervin and John Herron.
Today’s public session will deal with Matter 430, which is NB Power’s
2019-2020 General Rate Application. In that application, NB Power is
seeking Board approval for, amongst other things, an average increase
in rates of 2.5 percent with some customers receiving an increase as
high as 2.9 percent.
This session of the rate hearing won’t follow the same format as we
typically use at the formal hearing which will commence in about 10
days. Today’s session is intended to be much less formal so despite
the fact that we are sitting here on the dais and in the front of the
room and everybody seems to have a jacket and tie on, you shouldn’t
take that to mean that we are requiring any formality today. And the
reason that I wanted to emphasize that informality is that we really
want to encourage members of the general public to come to the session
and provide their views on these rate applications. Many people don’t
have the time or the resources to present evidence before the Board
but still have important contributions to make to the process. I want
to assure you that your comments are taken seriously by the Board.
I want to also point out that NB Power is represented here today over in the
right-hand side of the room and although they will not be making a
presentation today, they will be available to hear your concerns and
to discuss them further following the conclusion of the presentations.
Our Public Intervener, Heather Black, is also present and will be
available to discuss any public interest concerns that you may have
following today’s presentations.
In addition, we have several members from the Energy and Utilities
Board Staff who are also available to discuss matters with you.
Each presenter today has been allocated 15 minutes to make his or her
presentation and before we start with the presentations, I am going to
invite Mr. Beaulieu to say a few words in French.
CHAIRMAN: Thank you very much. Thank you very much, Mr. Shaw. I
think that is all the presenters that we had for this afternoon. So
we will conclude for this afternoon and we will be back at 6:00 p.m.
Thank you.
(Recess - 4:25 p.m. - 6:00 p.m.)
CHAIRMAN: Good evening, everyone. Bonjour. This session is a
continuation of our annual public session related to the general rate
application by NB Power. And we had three excellent presentations
earlier today.
Before we get started with the presentations this evening, I want
to point out that there are translation devices available at the back
of the room. So if anybody feels that they may need that translation
device, please take this opportunity to get one.
All right. And I just want to -- for those who perhaps haven’t
appeared before the Board in the past, I want to point out that the
full Board is present here tonight, including to my left our
Vice-Chair, Francois Beaulieu, Patrick Ervin to my far left, next to
me Michael Costello and Mr. Ervin. Did I call him Mr. Ervin? Mr.
Herron is down there. There, I have got them mixed up.
All right. So would you say a few words in French?
VICE-CHAIRMAN: Bon soir à tous. C’est un continuation de la séance
public que nous avons débuter cette après-midi. Comme M. le président
l’a indiqué, nous avons reçu trois bonnes présentations cet
après-midi. Et puis avant de commencer, nous tenons à souligner que
les dispositifs a l’arrière pour l’écoute en française si vous voulez,
et puis cette un séance extraordinaire, un session extraordinaire de
la Commission. Pis comme vous pouvez le voir, toute le monde est
présent aujourd’hui, Monsieur le président, M. Gorman, et puis à ma
gauche, puis M. Herron, at puis M. Costello, puis M. Ervin.
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, I think you can either take that table or the podium.
Either one there is a microphone at both so whatever you are most
comfortable with.
MR. AMOS: Good evening. I presume I can speak for 15 minutes uninterrupted?
CHAIRMAN: Yes. You are allocated 15 minutes, that’s correct, Mr. 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.
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.
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 Coon, 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.
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. 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.
Sent via email
May 21, 2019
Mr. Gaetan Thomas gathomas@nbpower.com
Members, Energy and Utilities Board general@nbeub.ca
Premier Blaine Higgs blaine.higgs@gnb.ca
Gentlemen:
On May 9th, 2019, the Fredericton Chapter of the Council of Canadians
hosted Mr. Chris Rouse, Systems Engineer and founder of New Clear Free
Solutions at a public presentation at Wilmot Church in Fredericton.
The event was attended by more than one-hundred people.
Chris addressed the very pressing need for our Province to reach a
goal of having 95% of our energy needs met by renewable energy as we
transition to a low-carbon economy. His presentation demonstrated that
reaching this goal is indeed technically possible, and can be done
using our own local renewable energy sources while lowering energy
costs. Chris’s report may be found here:
https://newclearfreesolutions.
Of course the backdrop to this work and our desire to engage the
public in a dialogue is the climate emergency and the need to get New
Brunswick’s carbon emissions to zero or negative in the very near
future. It is imperative that we all help with the global effort to
avert climate catastrophe.
At the conclusion of Chris’s presentation individuals were given the
option to sign a letter indicating their support for the proposal as
presented. Attached you will find a document containing forty-one such
scanned letters for your attention and response.
Sincerely,
Margo Sheppard (on behalf of Fredericton Chapter, Council of Canadians)
---------- Forwarded message ----------
From: "Waycott, Stephen" <SWaycott@nbpower.com>
Date: Wed, 13 Feb 2019 15:40:35 +0000
Subject: Automatic reply: EXT - Re: Matter 430 - NB Power 2019-2020
General Rate Application / Instance Nº 430 - Énergie NB Demande
générale de tarifs pour 2019-2020
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email.
I will be out of the office for the week of February 11 to 15
inclusive, returning on Tuesday February 19 (Monday is a statutory
holiday). I will not be checking my emails regularly while I am away.
If your matter is urgent, please contact Brad Crawford at
BCrawford@nbpower.com or 506-458-3520.
Thanks,
Stephen Waycott
Director, Corporate Regulatory Affairs
NB Power
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---------- Forwarded message ----------
From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca>
Date: Tue, 26 Feb 2019 00:39:09 +0000
Subject: Automatic reply: Matter 430 - NB Power 2019-2020 General Rate
Application / Instance Nº 430 - Énergie NB Demande générale de tarifs
pour 2019-2020
To: David Amos <david.raymond.amos333@gmail.
[Le français suit.]
On behalf of Premier Blaine Higgs, I would like to acknowledge receipt
of your email.
Please note that your request will be processed as soon as possible.
Thank you for taking the time to write the Premier.
If this is a Media Request, please contact the Premier’s office at
(506) 453-2144
Thank you
------------------------------
Au nom du premier ministre Blaine Higgs, j’accuse réception de votre courriel.
Veuillez noter que votre demande sera traitée dans les plus brefs délais.
Je vous remercie d’avoir pris le temps d’écrire au premier ministre.
S’il s’agit d’une demande des médias, veuillez communiquer avec le
Cabinet du premier ministre au 506-453-2144.
Merci.
---------- Forwarded message ----------
From: "Anderson-Mason, Andrea Hon. (JAG/JPG)" <Andrea.AndersonMason@gnb.ca>
Date: Tue, 26 Feb 2019 00:39:09 +0000
Subject: Automatic reply: Matter 430 - NB Power 2019-2020 General Rate
Application / Instance Nº 430 - Énergie NB Demande générale de tarifs
pour 2019-2020
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email. Your thoughts, comments and input are
greatly valued. You can be assured that all emails and letters are
carefully read, reviewed and taken into consideration.
If your issue is Constituency related, please contact Lisa Bourque at
my constituency office at
Lisa.Bourque@gnb.ca<mailto:Lis
Thank you.
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations. Nous
tenons à vous assurer que nous lisons attentivement et prenons en
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Si c’est au sujet du bureau de circonscription, veuillez contacter
Lisa Bourque à Lisa.Bourque@gnb.ca<mailto:Lis
(506)755-2810.
Merci.
Andrea Anderson-Mason, Q.C. / c.r.
---------- Forwarded message ----------
From: Jody.Wilson-Raybould@parl.gc.
Date: Tue, 26 Feb 2019 00:39:18 +0000
Subject: Automatic reply: Matter 430 - NB Power 2019-2020 General Rate
Application / Instance Nº 430 - Énergie NB Demande générale de tarifs
pour 2019-2020
To: david.raymond.amos333@gmail.
Thank you for writing to the Honourable Jody Wilson-Raybould, Member
of Parliament for Vancouver Granville.
This message is to acknowledge that we are in receipt of your email.
Due to the significant increase in the volume of correspondence, there
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To help us address your concerns more quickly, please include within
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Thank you
-------------------
Merci d'écrire à l'honorable Jody Wilson-Raybould, députée de
Vancouver Granville.
Le présent message vise à vous informer que nous avons reçu votre
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Pour nous aider à répondre à vos préoccupations plus rapidement,
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Merci
---------- Forwarded message ----------
From: "Hon.Ralph.Goodale (PS/SP)" <Hon.ralph.goodale@canada.ca>
Date: Tue, 26 Feb 2019 00:39:21 +0000
Subject: Automatic reply: Matter 430 - NB Power 2019-2020 General Rate
Application / Instance Nº 430 - Énergie NB Demande générale de tarifs
pour 2019-2020
To: David Amos <david.raymond.amos333@gmail.
Merci d'avoir écrit à l'honorable Ralph Goodale, ministre de la
Sécurité publique et de la Protection civile.
En raison d'une augmentation importante du volume de la correspondance
adressée au ministre, veuillez prendre note qu'il pourrait y avoir un
retard dans le traitement de votre courriel. Soyez assuré que votre
message sera examiné avec attention.
Merci!
L'Unité de la correspondance ministérielle
Sécurité publique Canada
*********
Thank you for writing to the Honourable Ralph Goodale, Minister of
Public Safety and Emergency Preparedness.
Due to the significant increase in the volume of correspondence
addressed to the Minister, please note there could be a delay in
processing your email. Rest assured that your message will be
carefully reviewed.
Thank you!
Ministerial Correspondence Unit
Public Safety Canada
---------- Forwarded message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Tue, 26 Feb 2019 00:39:47 +0000
Subject: Automatic reply: Matter 430 - NB Power 2019-2020 General Rate
Application / Instance Nº 430 - Énergie NB Demande générale de tarifs
pour 2019-2020
To: David Amos <david.raymond.amos333@gmail.
Thank you for contacting The Globe and Mail.
If your matter pertains to newspaper delivery or you require technical
support, please contact our Customer Service department at
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Letters to the Editor can be sent to letters@globeandmail.com
This is the correct email address for requests for news coverage and
press releases.
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Sat, 2 Mar 2019 10:16:51 -0400
Subject: YO Mikey Holland So Says the EUB So Say You All? RE Matter
430 - NB Power 2019-2020 General Rate Application
To: "blaine.higgs" <blaine.higgs@gnb.ca>, premier <premier@gnb.ca>,
"Holland, Mike (LEG)" <mike.holland@gnb.ca>, "David.Coon"
<David.Coon@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>, "Robert.
Jones" <Robert.Jones@cbc.ca>, "robert.gauvin" <robert.gauvin@gnb.ca>,
"denis.landry2" <denis.landry2@gnb.ca>, "brian.gallant"
<brian.gallant@gnb.ca>, oldmaison <oldmaison@yahoo.com>,
"steve.murphy" <steve.murphy@ctv.ca>, "David.Akin"
<David.Akin@globalnews.ca>, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>
<hugh.flemming@gnb.ca>, "robert.mckee" <robert.mckee@gnb.ca>,
"Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>, "hon.ralph.goodale"
<hon.ralph.goodale@canada.ca>, "Hon.Dominic.LeBlanc"
<Hon.Dominic.LeBlanc@canada.ca
<Bill.Morneau@canada.ca>, "Jody.Wilson-Raybould"
<Jody.Wilson-Raybould@parl.gc.
<Gerald.Butts@pmo-cpm.gc.ca>, Newsroom <Newsroom@globeandmail.com>,
newsn <news@kingscorecord.com>, news <news@dailygleaner.com>, news919
<news919@rogers.com>, news <news@hilltimes.com>, "maxime.bernier"
<maxime.bernier@parl.gc.ca>, "andrew.scheer"
<andrew.scheer@parl.gc.ca>, "Alaina.Lockhart"
<Alaina.Lockhart@parl.gc.ca>, "Karen.Ludwig"
<Karen.Ludwig@parl.gc.ca>, "martine.turcotte"
<martine.turcotte@bell.ca>, "Matt.DeCourcey"
<Matt.DeCourcey@parl.gc.ca>, andre <andre@jafaust.com>, jbosnitch
<jbosnitch@gmail.com>, "Arseneau, Kevin (LEG)"
<kevin.a.arseneau@gnb.ca>, "Mitton, Megan (LEG)"
<megan.mitton@gnb.ca>, "rick.desaulniers" <rick.desaulniers@gnb.ca>,
"michelle.conroy" <michelle.conroy@gnb.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, "Diane.Lebouthillier"
<Diane.Lebouthillier@cra-arc.
<Diane.Lebouthillier@parl.gc.
| 3 attachments — Scan and download all attachments | |||
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---------- Forwarded message ----------
From: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>
Date: Fri, 1 Mar 2019 16:15:36 +0000
Subject: Matter 430 - NB Power 2019-2020 General Rate Application /
Instance Nº 430 - Énergie NB Demande générale de tarifs pour 2019-2020
To: "David.Raymond.Amos333@gmail.
<David.Raymond.Amos333@gmail.
<david.sollows@gnb.ca>, "Paul.Volpe@enbridge.com"
<Paul.Volpe@enbridge.com>, "dave.lavigne@enbridge.com"
<dave.lavigne@enbridge.com>, "Gilles.volpe@enbridge.com"
<Gilles.volpe@enbridge.com>, "jeffery.callaghan@
<jeffery.callaghan@
<gerald@kissnb.com>, "cstewart@stewartmckelvey.com"
<cstewart@stewartmckelvey.com>
<hanrahan.dion@jdirving.com>, "lcozzarini@nbpower.com"
<lcozzarini@nbpower.com>, "jfurey@nbpower.com" <jfurey@nbpower.com>,
"SWaycott@nbpower.com" <SWaycott@nbpower.com>,
"NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>,
"wharrison@nbpower.com" <wharrison@nbpower.com>,
"bcrawford@nbpower.com" <bcrawford@nbpower.com>, "Lawton, John"
<John.Lawton@nbeub.ca>, "Desmond, Ellen" <ecdesmond@nbeub.ca>,
"Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave"
<Dave.Young@nbeub.ca>, "Mitchell, Kathleen"
<Kathleen.Mitchell@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>,
"heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com"
<rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>,
"jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
"dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>
"pierreroy@edmundston.ca" <pierreroy@edmundston.ca>,
"ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>,
"sstoll@airdberlis.com" <sstoll@airdberlis.com>,
"pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>
Good afternoon,
Please find attached a Decision in connection with the above-noted matter.
Bonjour,
Veuillez trouver ci-joint une Décision de la Commission dans le cadre
de l'instance susmentionnée.
Kathleen Mitchell
Chief Clerk | Greffière en chef
Energy & Utilities Board | Commission de l'énergie et des services
publics du N.-B.
15 Market Square, Suite 1400
Saint John, NB E2L 4Y9
506-643-7324 (direct)
506-658-2504 (reception)
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03793
DECISION
REGARDING INTERVENER REQUEST
AND NOTICE OF OBJECTION TO
INTERVENER REQUEST
IN THE MATTER of an application by the
New Brunswick Power Corporation pursuant
to Section 103(1) of the Electricity Act,
S.N.B. 2013, c. 7, for approval of the
schedules of the rates for the fiscal year
commencing April 1, 2019.
(Matter No. 430)
February 25, 2019
NEW BRUNSWICK ENERGY AND UTILITIES BOARD
IN THE MATTER of an application by the New Brunswick Power Corporation
pursuant to Section 103(1) of the Electricity Act, S.N.B. 2013, c. 7,
for approval of the schedules of the rates for the fiscal year
commencing April 1, 2019.
(Matter No. 430)
NEW BRUNSWICK ENERGY AND UTILITIES BOARD:
Chairperson: Raymond Gorman, Q.C.
Members: Michael Costello
John Patrick Herron
Counsel: Ellen Desmond, Q.C.
Chief Clerk: Kathleen Mitchell
APPLICANT:
New Brunswick Power Corporation: John Furey
PUBLIC INTERVENER: Heather Black
PARTICIPANTS:
David Amos
Enbridge Gas New Brunswick: Jeffery Callaghan
Gerald Bourque
J.D. Irving Limited: Christopher J. Stewart
Roger Richard
Utilities Municipal: Scott Stoll
A. Introduction
[1] The New Brunswick Power Corporation (NB Power) filed a Notice of
Application with the New Brunswick Energy and Utilities Board (Board)
on January 8, 2019, for approval of the rates it proposes to charge
for its services for the fiscal year commencing April 1, 2019. NB
Power is also seeking an Order approving the creation of a Regulatory
Deferral Account with respect to certain Demand Side Management
expenses.
[2] Notice of this Application (Matter 430) was provided to the public
and any person wishing to participate in the hearing was required to
register with the Board no later than February 1.
[3] Any person wishing to participate must file an Intervener Request
and demonstrate that they have a substantial interest in the
proceeding and that they intend to participate actively and
responsibly. This requirement is in keeping with the Board’s
Rules of Procedure (Rules). Rule 3 provides, in part, as follows:
3. Participation in Board Proceedings
3.2. Interveners
3.2.1. Except as otherwise provided in a Practice Directive, following
the issuance of a Hearing Order, a person (other than an applicant)
wishing to actively participate as a party to the proceeding shall
apply for intervener status by filing an Intervener Request with the
Board, and serving a copy of same on the applicant, if any, on or
before the date directed by the Board. This shall apply whether the
proceeding has been commenced by an application or otherwise.
3.2.2. A person filing an Intervener Request must have a substantial
interest in the
proceeding and intend to participate actively and responsibly.
[4] Several individuals did file an Intervener Request with the Board,
including Mr. David Amos, who indicated that he was a “whistleblower
against NB Power’s auditor KPMG and that he has every right to
question their actions”. Mr. Amos also attached several pages of
emails that had been exchanged with various individuals about his
concerns involving both KPMG and the Canada Revenue Agency.
[5] On February 5, 2019, NB Power filed a Notice of Objection to the
intervention of Mr. Amos pursuant to Rule 3.2.7. NB Power submits that
Mr. Amos has not met the criteria of Rule 3.2.2.
[6] The written objection states, in part, as follows:
… Mr. Amos does not demonstrate that he has a substantive interest in the
proceedings…as the nature of his proposed intervention appears to be based on an
allegation that KPMG is in a conflict of interest with respect to
taxation matters
administered by the Canada Revenue Agency, an issue which is not
relevant to this Proceeding.
NB Power further submits that the history of Mr. Amos’ appearances
before the Board in other proceedings demonstrates that he does not
meet the requirement of participation in a responsible manner. To the
contrary, NB Power submits that Mr. Amos is a vexatious litigant, and
should not be permitted to participate in this Proceeding.
[7] During the pre-hearing conference held on February 7, 2019, the
Board heard submissions from the parties as to whether Mr. Amos’
Intervener Request should be
allowed pursuant to Rule 3.2.9. Mr. Amos was also given the additional
opportunity to file written comments in support of his request.
B. Issue and Analysis
[8] The Board must determine if Mr. Amos should be granted intervener
status in Matter 430 and if he has met the requirements set out in
Rule 3.
[9] During the pre-hearing conference Mr. Amos was repeatedly asked
for the purpose of his intervention. Mr. Amos failed to answer
clearly, concluding “I most definitely want to grill Mr. Murphy about
his opinions about the purported accounting of NB Power
because I don’t think NB Power has ever been audited ever.”
[10] There was also concern about Mr. Amos’ ability to participate
responsibly. On this point, NB Power made extensive oral submissions
during the pre-hearing conference, including as follows:
… The pattern of confrontational behaviour in which Mr. Amos is
focused on allegations of conflict of interest, unethical behaviour,
lawlessness against lawmakers, judges, lawyers, members of this Board
continues with no sign of abatement. And so in that circumstance,
again while emphasizing that this is not a typical position that NB
Power would take, in this circumstance we feel compelled to ask the
Board to deny Mr. Amos’ request for intervener status.
[11] In his submission and during the course of his oral argument, Mr.
Amos talked about many issues from the past and many personalities,
but did not focus on the
current application. Allegations of lawlessness were made, none of
which are relevant to this matter.
[12] As indicated above, Mr. Amos was also given the opportunity to
make a written submission, after the pre-hearing conference was
concluded. This submission included a large volume of information,
dealing with a variety of matters raised by him in
various forums, (both in Canada and in the United States), which was
not related to the current Matter.
[13] Responsible intervention obligates intervenors to raise issues
and to file evidence that is relevant to the Matter. The Board must
focus on its legislative mandate and
consider just those issues that are within its jurisdiction. The
issues raised by Mr. Amos are extraneous and unrelated to the
application before the Board. Despite numerous opportunities to do so,
Mr. Amos failed to raise any issues of relevance in this Matter.
[14] The volume of irrelevant material filed by Mr. Amos, and his
submissions, not only fail to demonstrate that he has a substantial
interest in this matter, but also indicate that he would not be
intervening responsibly, as he would take a great deal of time raising
unrelated issues.
C. Conclusion
[15] Having considered the oral and written submissions of Mr. Amos,
NB Power and other parties, the Board finds that Mr. Amos has not
demonstrated that he has a
substantial interest in this proceeding. In addition, the Board finds
that, on a balance of
probabilities, Mr. Amos would not participate responsibly if he were
granted intervener status.
[16] As a result, the Board will exercise its discretion and will not
grant intervener status to Mr. Amos in this Matter.
Dated in Saint John, New Brunswick, this the 25th of February, 2019.
Raymond Gorman, Q.C.
Chairperson
Michael Costello
Member
John Patrick Herron
Member
---------- Original message ----------
From: "Gallant, Brian (LEG)" <Brian.Gallant@gnb.ca>
Date: Thu, 7 Feb 2019 13:26:33 +0000
Subject: RE: February 6, 2019 EUB 430 Matter transcript
To: David Amos <david.raymond.amos333@gmail.
Thank you for writing to the Leader of the Official Opposition of New
Brunswick. Please be assured that your e-mail will be reviewed.
If this is a media request, please forward your e-mail to
ashley.beaudin@gnb.ca<mailto:m
---
Nous vous remercions d’avoir communiqué avec le chef de l’opposition
officielle du Nouveau-Brunswick. Soyez assuré(e) que votre courriel
sera examiné.
Si ceci est une demande médiatique, prière de la transmettre à
ashley.beaudin@gnb.ca<mailto:m
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Thu, 7 Feb 2019 09:26:25 -0400
Subject: Fwd: February 6, 2019 EUB 430 Matter transcript
To: Mike.Holland@gnb.ca, David.Coon@gnb.ca, kris.austin@gnb.ca,
brian.gallant@gnb.ca, blaine.higgs@gnb.ca, premier@gnb.ca,
andrea.anderson-mason@gnb.ca, Nathalie.Drouin@justice.gc.ca,
jan.jensen@justice.gc.ca, Brenda.Lucki@rcmp-grc.gc.ca,
hon.ralph.goodale@canada.ca, washington.field@ic.fbi.gov,
Boston.Mail@ic.fbi.gov
Cc: motomaniac333 <motomaniac333@gmail.com>
---------- Forwarded message ----------
From: Suzanne Ross <SueR1941@msn.com>
Date: Thu, 7 Feb 2019 12:41:05 +0000
Subject: February 6, 2019 transcript
To: "David.Raymond.Amos333@gmail.
<David.Raymond.Amos333@gmail.
<david.sollows@gnb.ca>, "Paul.Volpe@enbridge.com"
<Paul.Volpe@enbridge.com>, "dave.lavigne@enbridge.com"
<dave.lavigne@enbridge.com>, "Gilles.volpe@enbridge.com"
<Gilles.volpe@enbridge.com>, "jeffery.callaghan@
<jeffery.callaghan@
<gerald@kissnb.com>, "cstewart@stewartmckelvey.com"
<cstewart@stewartmckelvey.com>
<hanrahan.dion@jdirving.com>, "lcozzarini@nbpower.com"
<lcozzarini@nbpower.com>, "jfurey@nbpower.com" <jfurey@nbpower.com>,
"SWaycott@nbpower.com" <SWaycott@nbpower.com>,
"NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>,
"wharrison@nbpower.com" <wharrison@nbpower.com>,
"bcrawford@nbpower.com" <bcrawford@nbpower.com>,
"John.Lawton@nbeub.ca" <John.Lawton@nbeub.ca>, "ecdesmond@nbeub.ca"
<ecdesmond@nbeub.ca>, "Michael.Dickie@nbeub.ca"
<Michael.Dickie@nbeub.ca>, "dave.young@nbeub.ca"
<dave.young@nbeub.ca>, "Kathleen.Mitchell@nbeub.ca"
<Kathleen.Mitchell@nbeub.ca>, "general@nbeub.ca" <general@nbeub.ca>,
"heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com"
<rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>,
"jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
"dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>
"pierreroy@edmundston.ca" <pierreroy@edmundston.ca>,
"ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>,
"sstoll@airdberlis.com" <sstoll@airdberlis.com>,
"pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>
Hello,
Attached is yesterday’s transcript.
Thank you!
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 February 6, 2019.
Henneberry Reporting Service
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 February 6, 2019.
BEFORE: Raymond P Gorman, Q.C. - Chair
John Patrick Herron - Panel Member
Michael Costello - Panel Member
NB Energy and Utilities Board
- Counsel - Ms. Ellen Desmond, Q.C.
- Staff - David Young
John Lawton
Michael Dickie
Chief Clerk - Kathleen Mitchell
CHAIRMAN: Good morning, everyone. This is a pre-hearing conference
of the New Brunswick Energy & Utilities Board with respect to an
application by New Brunswick Power Corporation for approval of the
schedule of the rates for the fiscal year commencing April 1st 2019
and other relief that is outlined in the application. This is Matter
430.
I will start by taking the appearances, firstly NB Power Corporation?
MR. FUREY: Good morning, Mr. Chair. John Furey. I am accompanied
this morning by Ms. Clark, Mr. Waycott and Ms. Cozzarini.
CHAIRMAN: Thank you, Mr. Furey. David Amos?
MR. AMOS: Here.
CHAIRMAN: Thank you, Mr. Amos. Enbridge Gas New Brunswick?
MR. CALLAGHAN: Good morning, Mr. Chair. Jeffrey Callaghan, with me
is Paul Volpe.
CHAIRMAN: Thank you, Mr. Callaghan. Gerald Bourque? Is Mr.
Bourque not here today? J.D. Irving, Limited?
MR. STEWART: Christopher Stewart, Mr. Chair.
CHAIRMAN: Where are you at, Mr. Stewart? Thank you. Roger Richard?
DR. RICHARD: Yes, I am here.
CHAIRMAN: Merci. Utilities Municipal?
MR. STOLL: Good morning, Mr. Chair. Scott Stoll, with me is Mr. Garett.
CHAIRMAN: Thank you, Mr. Stoll. Public Intervener?
MS. BLACK: Good morning. Mr. Chair. Heather Black.
CHAIRMAN: And the New Brunswick Energy & Utilities Board?
MS. DESMOND: good morning, it is Ellen Desmond. With me is John
Lawton, David Young, Michael Dickie.
CHAIRMAN: Thank you, Ms. Desmond. So as I indicated when we opened
this pre-hearing, it is relating to the 2019 general rate application.
I want to make just a few general comments before we get going,
because typically these pre-hearing conferences are all about setting
a schedule and oftentimes there are no other issues.
There is a very -- this is somewhat of a unique filing, in my
experience, my 12 years as Chair of the Board, in that there is a very
large volume of documents that have been filed in confidence. And
that’s a little unusual but there are also many confidential items
that are restricted from various parties. And again, that is a bit of
a departure from my experience here.
The redactions, to be quite frank, were very difficult to pick up
because there was a light shading that got used in the evidence as
opposed to a dark shading. And some of the confidential filings
aren’t complete documents as they have been filed in the past. And
some documents don’t have a redacted version. In other words, the
full document is redacted so there is no -- nothing on the main record
that would show the redacted version. So I don’t know -- I think one
of the things that we are going to need to talk about today are the
claims for confidentiality and whether or not there will be any
challenge to them. But I did want to start with my general comments
because this is a very difficult filing to read, to comprehend,
because even the redacted documents, many of them only contain the
redacted portions. And in the past, generally speaking, we would have
had the full document. So it’s -- sometimes it’s a matter of having
to shift back and forth between documents. So hopefully this is a one
off and this wouldn’t be a typical filing going forward. It’s -- I am
sure that the parties have experienced some of the same difficulties
that I have had in attempting to review it.
So we will get to the confidentiality issues. There is a
confidentiality undertaking that has been proposed. And as well, at
this point in time, there are no objections to the claim for
confidentiality that have been filed yet. But in the notice of
hearing was indicated that we would talk about a process to deal with
that. So that will be one of the things we will have to deal with
this morning.
Of course, we will have to deal with the hearing dates and the
schedule, the typical thing that is the only item of business at many
pre-hearings.
And just generally before we get started, I want to indicate to
all of the parties here that I know that nobody was particularly happy
with the length of last year’s hearing. It had an awful lot of
issues, they certainly weren’t just GRA issues. It was almost like
three hearings rolled into one. So we are certainly going to try a
little bit of a new approach this year to try and stream-line it and
try to expedite the hearing. But having said that, we are not going
to do it in such a fashion as to prohibit anybody from asking
legitimate questions, to inquire, you know, into the matters. But we
are going to urge the parties to stick to the issues. You know, the
issues really flow from the filing itself, what’s been asked for and
so the information that would be required to assess that application.
If an issue has been covered by somebody and somebody else is really
just repeating the same questions, you should expect that we are going
to interrupt you. And you shouldn’t take it personally. If an issue
has been thoroughly covered, you know, sometimes it gets covered more
than one time and that’s really not necessary.
We do want to make the hearings more efficient, the same time not
compromising party’s abilities to do their cross examination and their
due diligence in assessing this application. And we will try to set
more definite start and stop times each day. I think sometimes we are
-- you know, we start a little late one day or we go later or we don’t
-- I think it is probably helpful for parties to have that a little
more predictable. So the Board will certainly do its part to try to
create some efficiency in the process this year. And I am quite
confident that the parties will cooperate in that endeavour.
So having said that, we have a number of notices of intervention.
And the intervener requests were from David Amos, Enbridge Gas New
Brunswick, Gerald Bourque, J.D. Irving, Limited, Roger Richard and the
Utilities Municipal. Our rules provide that any objection to a
request for intervener status must be filed with the Board no later
than the day prior to the pre-hearing. And the Board has received an
objection from NB Power with respect to the participation of David
Amos. So I will set that aside for just a moment. With respect to
the other five interveners who have requested status, the Board has
not received any objection. I just stop here for a second because,
you know, it is possible we missed something. But, Mr. Furey, is that
correct, there is no other objections?
MR. FUREY: That’s correct, Mr. Chair.
CHAIRMAN: All right. So we have reviewed the requests for
intervener status by Enbridge Gas New Brunswick, Gerald Bourque, J.D.
Irving. Limited, Roger Richard and the Utilities Municipal. And all
of those parties will be granted intervener status in this proceeding.
Mr. Costello thinks I might have missed Enbridge Gas New Brunswick
when I said that. I thought I said them but in any event, the -- I
will repeat it just to be sure. So we are granting intervener status
to Enbridge Gas New Brunswick, Gerald Bourque, J.D. Irving, Limited,
Roger Richard and Utilities Municipal.
So I think before we get down to -- well maybe there is one other
one we can deal with fairly quickly. The confidentiality undertaking
form that has been provided has been reviewed and it appears to
follow, if not, identically, very closely to the form that was used
last year. Are there any parties that have any objection or any
reason that they believe that that should not -- there is something in
there that shouldn’t be there? All right. Hearing no objection, then
the Board will approve the confidentiality undertaking form that has
been proposed by NB Power.
So I think the next order of business would be to deal with the
one remaining request for intervener status, that being the request by
David Amos. And the Board did receive a notice requesting that the
Board disallow -- there was an objection filed by NB Power under our
rule 3.2.7 and this objection was to Mr. Amos’ application for
intervention.
So, Mr. Furey, you filed that objection, so do you have anything
to say about that?
MR. FUREY: Thank you, Mr. Chair. I do have a few additional comments.
Our argument with respect to this has not changed substantially
from the argument that we presented in Matter 375 in October of 2017.
I would start by saying that this is not a position that NB Power
enjoys taking. We are reluctant to ask the Board not to grant an
intervener status. However, it is our view that Mr. Amos’ pattern of
confrontational behaviour has continued since that time. And NB Power
remains of the view that Mr. Amos is not capable of an intervention in
a responsible, respectful manner.
There are four instances that I am aware of that Mr. Amos has
either appeared before the Board or had communication with the Board.
There may be others but the four that I am aware of are the hearing of
the -- or an attempt to re-hear a motion in Matter 357. There was the
hearing of the objection to intervener status in Matter 375 on October
31st of 2017. There is the Public Session held by the Board in Matter
375 in February of last year. And then there is the intervention
request that has been put forward on February 1st of this year by Mr.
Amos.
And to some extent the Board has already dealt with some of these
issues. In Matter 357, the transcript of that particular motion is
attached to attachment 1 of the documents we have filed today at
appendix I. I am not going to go there. The Board has reviewed that
in the past. And the Board has already reviewed on that and I -- or
ruled on that. I am going to go to that. At attachment 2 of the
objection that we filed at page 84 of that transcript -- I am simply
going to read a little bit of the Board’s decision on that matter.
In giving the decision the Chairman said, NB Power objects to his
intervention claiming his conduct during the hearing of a motion in
Matter 357 was confrontational and that his arguments lacked any
connection to the issues before the Board. The Board agrees with that
assessment.
So when I say the Board has already dealt with the 357 issue that
is what I mean, the Board has already ruled on that.
In Matter 375 and the hearing of that original objection to
status, again at page 84 of the transcript that appears at attachment
2 of our documents, the Board goes on to address that and says, in the
present matter, Mr. Amos was given ample opportunity to put forward a
case that would support a respectful and responsible intervention. He
failed to do so, rolling forward issues raised in Matter 357 and not
addressing the issue before us today.
And that was the Board’s assessment of Mr. Amos’ arguments on that
day. But it is useful to sort of revisit, because I think we forget
these things.
If we go back to page 81 of that transcript, after Mr. Amos had
addressed what can only be described as extraneous issues for some
time, the Chairman interjects and says, Mr. Amos, please hear me out.
We have listened to you for 20 minutes or so, still haven’t heard your
response to how you can participate in this proceeding in a respectful
manner and stick to the issues. And at the end of that sentence the
Chair says, everything else you have talked about is off topic. To
which Mr. Amos responds, you just interrupted me, sir. And that
carries on for a while. On page 83, the Chairman indicates, Mr. Amos,
one last time I am going to give you an opportunity to address the
issue of how you can participate in a respectful and responsible
manner. If you don’t want to talk about that topic, we will take an
adjournment and we will consider the request that Mr. Furey has made.
And that goes on a little bit. And eventually the Board does recess
and give its decision. So that was Matter 375 at that hearing.
The next interaction that I am aware of is the Public Session in
Matter 375 that took place on February 7th of 2018. And the
transcript of that public session, at least the part that Mr. Amos
presents at, is attached as attachment 3 to our notice of objection.
And again for a period of time -- I should say at the outset, the
Vice-Chairman indicated to Mr. Amos that he would have 21 minutes,
more than the 15 minutes allotted because another presenter had been
-- had gone over time. So after some period of time again of
extraneous discussion, at page 36 of that transcript the Vice-Chairman
interjects and says, so, Mr. Amos, I hate interrupting. To which Mr.
Amos says, you are interrupting me, sir. And that goes on for a few
minutes -- few moments, to the top of page 37 where there is a
discussion about whether Mr. Amos is being shut down by the
Vice-Chairman to which Mr. Amos then replies, do you want me to sue
you, sir, then turn off your mic. And then the Vice-Chair it appears
to me -- I am characterizing this a little bit. But it appears to me
that the Vice-Chair then allows Mr. Amos to proceed until his time
limit. And on page 43 the Vice-Chairman again interjects saying, Mr.
Amos, I will intervene now. It is 7:06 so you have had your 21
minutes. Mr. Amos’ response, all right. I will see you in another
court. And continues, that’s fine. I am suing you. It’s him I am
concerned about. He might be dead before me.
And finally, the fourth interaction. It is not an appearance but
the intervener request that Mr. Amos has filed in this matter. And he
appears to have a specific issue that he wants to bring forward. He
indicates that -- he is referring back to his appearance at the open
session on February 7th. And he indicates that he explained to the
EUB in no uncertain terms that he is a whistle blower against NB
Power’s auditor KPMG. And the attachments to his intervention appear
to me -- I am going to characterize them as allegations of conflict of
interest against KPMG with respect to individual taxpayer’s matters
before the Canada Revenue Agency. All of which is extraneous to this
hearing.
So in our submission, the evidentiary basis for this objection is
stronger this time than it was in Matter 375. The pattern of
confrontational behaviour in which Mr. Amos is focused on allegations
of conflict of interest, unethical behaviour, lawlessness against
lawmakers, judges, lawyers, members of this Board continues with no
sign of abatement. And so in that circumstance, again while
emphasizing that this is not a typical position that NB Power would
take, in this circumstance we feel compelled to ask the Board to deny
Mr. Amos’ request for intervener status.
CHAIRMAN: Thank you, Mr. Furey. Mr. Amos?
MR. AMOS: Good morning, Mr. Herron. Remember me? Yes or no? You
must have recognized some of the documents that NB Power has filed in
this matter, haven’t you?
CHAIRMAN: Mr. Amos, do you have a presentation to make?
MR. AMOS: Yes, I do. First off --
CHAIRMAN: Please make it.
MR. AMOS: First off, I made the Board aware that I got no notice of
this until my friend Roger notified me of it. NB Power didn’t email
me. They knew my email address. They knew my new one. Sent it to my
old one. My friend Roger notified me. I contacted the Board.
Notified NB Power of my indignation. That said, after I read the
documents served upon me yesterday, let’s look at Mr. Furey’s letter
with respect to the timing of the hearing of the notice of objection
to the intervener request, Mr. Amos, NB Power is prepared to argue
this issue at the pre-hearing conference or at an alternate time set
by the Board.
Now fool me once, shame on you, fool me twice, shame on me. Now
Halloween of 2017, I had no notice. I had to buy this thing to get
internet after that. He files exactly the same document filed by
Wanda Harrison, October 30th. I have every right to have the same
courtesy extended to me that was extended to Peter Hyslop. And Mr.
Furey’s convenient memory, when I intervened and he was seeking to be
paid by this Board, I filed those documents then after I was invited
by Mr. Fury and his associates to a secret meeting in the law office
of Stewart McKelvey. Then after Mr. Hyslop decides to withdraw, this
Board decides to oblige Mr. Russell and stop the 357 hearing until
after the election. When the 357 matter began again, I was surprised
to see you, Mr. Gorman. I thought you were retired. But apparently
you had been re-appointed by the former Liberal government.
On October 12th, when we encountered each other, nobody minding me
sitting there then. At the time, Mr. Gallant during the election,
which Roger and I and Gerald all ran against in, during the election
Premier Gallant said that he was going to block rate increases of NB
Power for four years. On October 12th he was still Premier. You guys
didn’t know what to do. You were going to get in a consultant or
something. My friend Roger asked about this rate increase hearing as
soon as Mr. Higgs becomes Premier. I said why waste our precious
time? It’s not about smart meters. His issue is about smart meters.
He said I am scared they are going to slip it in. I said, no, they
are not, Roger. It’s a rate increase hearing.
We had decided not to intervene until he got spooked on Friday.
He relies on me to help him. He intervened, I intervened. This
matter is about rate increases based on the opinion of KPMG and Mr.
Gaetan and probably Mr Murphy but I can’t read the signature. As far
as I know, NB Power has never, I repeat never been audited, ever. I
don’t care about the opinion of KPMG. I caused hearings at the senate
banking committee in Washington about them in November of 2003 before
I ran against Mr. Herron for his seat in parliament. I served many of
those documents upon Mr. Herron and his lawyer David Lutz, who is
mentioned in these documents filed by Mr. Furey. That said, I have
every right as a taxpayer and a citizen of this province and I just
bought real estate in New Brunswick and need power to intervene
because the Public Intervener can’t speak for anyone. My friend
speaks for business. I speak for the ordinary ratepayer. The only
person that doesn’t pay an NB Power bill in this room is Mr. Stoll and
his new partner is a former Minister of Public Safety who had me
arrested. All this is well known to Mr. Herron since 2004. Now you
don’t want me to address him but if he is going to stand judgment on
me, I see a huge conflict of interest. You are a lawyer, sir. You
should have understood these documents I filed in the 357 Matter. You
should have not allowed Mr. Furey to edit them. Now I have the right
to respond --
CHAIRMAN: Excuse me, what editing are you talking about?
MR. AMOS: The documents he edited. I told you in the last time.
That said, I have the right to respond in writing to Ms. Harrison.
She details many things. If any lawyer in this room had saw what she
said about them and for EUB to publish those statements so the world
could see, that is what is called libel. Five years in jail, section
300. He just libelled me some more. He just said just now on the
record things I did not say. I asked Henneberry for a tape of the
hearing. Ms. Desmond says not my job. Henneberry won’t return my
calls. I did not say dead Bernie. I said Derrick Bernie. And I
threaten no one. And then talks about -- about somebody being dead
before me. And I said no such thing. I asked the lady for a copy of
the tape. She says copyright. I said how can you copyright my words.
And you shouldn’t twist my words. I said no such thing.
Now his memory is convenient. If he recalls when I first
introduced myself, it was a pre-conference hearing, 357 Matter. He
got in a big argument with Mr. Hyslop. There was documents back and
forth. The Board and I got along just fine. He invited me to a
confidential hearing or meeting with Mr. Todd. Everything was just
fine until the Board decides to accommodate Mr. Russell. I have every
right to cross examine Mr. Russell. Mr. Stoll flies in, wants to
cross examine him. They make a deal so I can’t cross examine him
because Mr. Stoll is happy. No way. That wasn’t even a motion day.
I asked you if I could make a motion. You wouldn’t answer. I made a
motion. And then you put me on the telephone. How come I don’t get
the same courtesy he does? All that said, yes, this is a matter for
another court.
As you notice in the email I sent you, I contacted the RCMP just
as soon as I looked at his latest filing. I consider it libel,
period. That said, I will answer Ms. Harrison in writing to every one
of her accusations and then the Board should set a time, probably a
couple of days, so we can argue every paragraph. You would do the
same for Mr. Hyslop, I am entitled to the same courtesy, period.
CHAIRMAN: Do you have anything further?
MR. AMOS: Mr. Herron, I suggest you dig up everything that has been
filed in this Matter. You were served these documents in 2004. I
never got an answer from you or your lawyer.
CHAIRMAN: So, Mr. Amos, I just have a couple of questions on your
-- your submission. At the beginning you talked about collaborating
with Mr. Richard about whether you would intervene or not. So I take
it that the two of you work together on the presentations that you
make here at the Board?
MR. AMOS: With your blessings.
CHAIRMAN: And I am not sure how this is relevant. You talked about
buying real estate and you will need power. Are you telling me you
are not a ratepayer now for NB Power?
MR. AMOS: Ever since I run against Mr. Herron I have been homeless.
People have kept me and they paid my power bill. Now I bought my own
real estate and NB Power wants a deposit from me before I hook up
power. I would like to see somebody ask for a deposit before they
sell me the first cup of coffee. Furthermore, NB Power has never been
audited. I do not care about the opinion of KPMG. I am a whistle
blower against KPMG. KPMG is also a law firm. Everybody knows how
many lawyers I have sued. KPMG audited the US Treasury Department
when I caused the hearings at the senate banking committee in
Washington about Putnam Investments, ringing any bells, Mr. Herron?
CHAIRMAN: So, Mr. Amos, if I can go back to the question. Are you
telling me that currently you are not a ratepayer?
MR. AMOS: I am telling you I am David Amos and about to get a power
bill and I have been kept since 2005 by other ratepayers and I earned
it.
CHAIRMAN: No, I understand that. But are you currently a ratepayer?
MR. AMOS: Are you splitting hairs?
CHAIRMAN: No, I am simply asking a question.
MR. AMOS: Today I am not a ratepayer. I am the man that’s paying your wages.
CHAIRMAN: Okay. You have brought up in your notice of intervention
this issue that you are talking about KPMG. And how is that -- and
then towards the end of this you said it’s an issue -- that’s a matter
for another court. So --
MR. AMOS: KPMG is well aware of murder, as is Mr. Herron.
CHAIRMAN: No. So --
MR. AMOS: Mr. Herron has had a copy of a wiretap tape of the mob
since 2004. Would you like to discuss murder, sir?
CHAIRMAN: So, Mr. Amos, are you suggesting these are matters that
this Board --
MR. AMOS: I am suggesting there is a huge conflict of interest --
CHAIRMAN: Excuse me.
MR. AMOS: -- and you are trying to save your butt.
CHAIRMAN: Are you suggesting this is a matter that -- that this
Board would --
MR. AMOS: It’s a matter for federal court. Just because of what he
said now. I didn’t threaten to kill anyone, period.
CHAIRMAN: Are you suggesting that this Board has the jurisdiction
to deal with these issues --
MR. AMOS: This is not a court.
CHAIRMAN: Or this Board. I know it’s a Board.
MR. AMOS: You are overseen by a Minister of Energy, Mr. Holland.
CHAIRMAN: So you are suggesting that this Board has that jurisdiction?
MR. AMOS: You have no jurisdiction. None. You have no
jurisdiction over me. I have jurisdiction over you. You work for me.
I am the taxpayer here. And just because I don’t have a power bill
today, I don’t care. I don’t care. I pay your wages.
CHAIRMAN: So, Mr. Amos, just maybe one last question and that is
really about your purpose for intervening, because your application
seems to emphasize this issue that you are talking about with respect
to KPMG. Is that what -- why you are intervening? Is that the issue
you want to --
MR. AMOS: Let’s -- let’s go back. My friend Roger, when they come
out with the rate increase after Mr. Gallant was no longer premier, he
was asking me about intervening because he is concerned about smart
meters. That’s his biggest concern, smart meters. I said, Roger,
don’t worry about smart meters. Listen to the news. Mr. Thomas has
to hustle people because you people denied him having smart meters.
357 is about that issue. I made sure he intervened much to the
chagrin of Mr. Furey. Mr. Furey did not want Roger to intervene in
the hearing. Now in my intervention, I provide an email that was
acknowledged by the Board on April 3rd. Now by April 3rd of last
year, his issues of smart meter had gone by the wayside. So there was
no longer -- it had been all heard. You guys didn’t recognize the
professor from McGill as an expert. Mr. Furey didn’t ask him the
first question. He addressed all its concerns as best he could about
smart meters. A month or so went by.
April 3rd -- it come out in late March that NB Power had reached
a settlement of the lawsuit. However, I see no sign of any money
going into NB Power’s books this time. So they must have slipped it
in after April 1st last year. But they apparently received the
settlement in March. Wanted to keep it a secret. I told him it’s
important we go to the hearing. You folks were somewhat surprised to
see my friend at the hearing. I was sitting at his side. I listened
very closely to the hearing. When I heard Mr. Stewart mention the
Canada Revenue Service three times, I sent you an email. Bingo. His
client, the Irvings, use KPMG all the time as a law firm. That said,
I sent you all the email. It was acknowledged, right. I sent it to
the Minister, sent it to the RCMP. Then you asked my friend Roger
what he thought. In the email I sent you this morning, which is a
transcript of April 3rd -- did you look at the email I sent you this
morning?
CHAIRMAN: We have a copy of that transcript, yes.
MR. AMOS: I beg your pardon?
CHAIRMAN: We have a copy of that transcript.
MR. AMOS: Yeah. After Mr. Stewart did his big spiel about Revenue
Canada, et cetera, you asked my friend Roger what he thought. Roger
voiced his opinion about freezing price rates months before Gallant
dreamed it up. And then he said if he ran his business like NB Power
runs it, his would be flat lined. That’s what Roger said. Roger
voiced his opinion fairly articulately. He asked, since they had this
big settlement and were looking to decrease their price rate, perhaps
you should adjourn the hearing and start 357 again. That’s what he
said. It’s in the transcript. It’s in the email I sent you. I also
published it on the internet. I also sent it to the RCMP. That said,
it is what it is. I heard that. I sent the email. You responded.
The second part of my intervention that he considers nothing is even a
letter from the Ombudsman of KPMG not long after I ran against Mr.
Herron. If the Ombudsman of KPMG is trying to make a deal with me and
I was introduced to him by the RCMP, you don’t think that has any
gravity?
CHAIRMAN: So, Mr. Amos, again I am going to go back to your
intervener request. And when you talk about your interest in the
proceeding it says, David Raymond Amos, on the evening of February 7th
2018, explained to the EUB in no uncertain terms that he is a whistle
blower against NB Power’s auditor KPMG and that he has every right to
question their actions in support of NB Power or anyone else, for that
matter.
And it goes on to talk about having made NB Power aware of many
communications, et cetera. And then there are a number of pages that
have emails in some way or another relating to that topic.
So is that the purpose that you are looking to intervene is to
deal with that issue?
MR. Amos: Mr. Gorman, if you recall before we had the hearing on
the phone about whether or not to cancel the 357 -- or adjourn the 357
Matter, I sent you emails going, do you remember me now, Mr. Gorman?
Because as soon as you were appointed, I sent you emails before the
economy collapsed. I forwarded those emails to you. Those would be
some of the filings I will file when I respond to his submission. I
have every right to respond to Ms. Harrison’s documentation in
writing.
CHAIRMAN: So, Mr. Amos, you haven’t answered my question, however.
Is that your purpose for the intervention request?
MR. AMOS: I most definitely want to grill Mr. Murphy about his
opinions about the purported accounting of NB Power because I don’t
think NB Power has ever been audited ever.
I don’t care about opinions. I want to see an audit. It’s my
money and yours. I know that Hydro-Quebec is audited by the Auditor
General of Quebec. Nobody audits NB Power. The Auditor General of
New Brunswick was telling everybody in a report for the government to
stay out of NB Power’s business. And yet they had a big committee
hearing yesterday inspired by David Coon. Just who is -- the fox is
guarding the hen house. NB Power, nobody oversees them, even you
don’t. Nobody audits NB Power. I don’t -- and then KPMG, you think I
am going to trust one word of KPMG when they have covered up murder.
CHAIRMAN: So, Mr. Amos, then you are not recognizing the audited
financial statements that --
MR. AMOS: They are not audited. Number 1 it is signed KPMG. I
know when I was in business and I had an auditor and I reported to the
taxman, he had to sign that on pains and penalties of perjury with the
CRA and lose his license. I had an auditor. I was in business.
Apparently I was more successful percentage-wise than NB Power ever
dreamed of. I would love to have the nature of their business and not
-- and they don’t make any money. I don’t believe it. The -- the --
the Quebecers were willing to pay nearly $5 billion and then Mr.
Graham resolved the deal to 3.2 billion without the transmission
lines. Well the Quebecers don’t pay $5 billion for debt. There is no
need to raise rates. They are way over 20 percent equity. I don’t
care what KPMG purportedly claims. I want to see an audit. And in
order to see an audit, it must be audited.
CHAIRMAN: Okay. Thank you, Mr. Amos. I appreciate that this is a
matter primarily between Mr. Amos, who has applied to be an
intervener, and NB Power, who has objected. Our rules call for a copy
of that objection to be served on all of the parties. I am not sure I
can -- why we have put that in the rules, but the fact that we have
done it, one might think -- look at it that parties might have an
opportunity to comment on this because of that requirement. So on
that basis, I am going to see if anybody has any comments on this
issue. So I will start with Enbridge Gas New Brunswick. Mr.
Callaghan, do you have any comments on this matter?
MR. CALLAGHAN: No, comments, Mr. Chair.
CHAIRMAN: Thank you. Mr. Stewart?
MR. STEWART: No comment, Mr. Chair.
CHAIRMAN: Yes. Mr. Richard?
DR. RICHARD: Yes, if you permit. Mr. Amos is a very knowledgeable
person. Mr. Amos only speaks the truth. But he has difficulty to
verbalize it in a way we can understand. If we let him speak, let him
enough time, we will all learn something. I can assure you that it
will be worth the while. Of all the citizens of New Brunswick, we are
only three independent interveners. You accepted four Americans in
our Board of Directors last year. And you are considering eliminating
a New Brunswicker as an intervener. New Brunswickers come in various
forms. Please get accustomed to varieties and accept them as they
come. Mr. President, I know your ability to manage various groups of
people. You are able to accommodate Mr. Amos’ mode of communication.
With the right attitude, we can all learn to understand the way Mr.
Amos communicates. His message is very important for our province.
Because we are in financial and environmental difficulty, very, very
important. His concern with KPMG is genuine. We want to argue that
NB Power needs to be audited by our general auditor. It is essential
that Mr. Amos be an intervener for our province, unless NBEUB is a
private club. And thank you, Mr. President.
CHAIRMAN: Thank you, Mr. Richard. Mr. Stoll?
MR. STOLL: Thank you, Mr. Chair. We don’t see that Mr. Amos’
participation is going to be helpful to an efficient hearing. So we
are supporting the NB Power motion.
CHAIRMAN: Thank you. Ms. Black?
MS. BLACK: No comment, Mr. Chair.
CHAIRMAN: Ms. Desmond, any comment?
MS. DESMOND: No comment.
CHAIRMAN: Okay. Thank you. We are going to take a short
adjournment and when we come back -- I think before we actually get to
the schedule -- and I know that NB Power has produced and filed a
suggested schedule and I am not sure if others -- you know, if there
has been any discussion about that at all. But I think before we can
really get into a scheduling discussion, I think we also need to talk
about the redactions of the confidential information.
MR. FUREY: Certainly, Mr. Chair. If I could make one additional
comment that might be helpful. It is not directed to Mr. Amos’
status. But I think it’s important for Dr. Richard to understand, and
I am putting it on the record now, that NB Power is not seeking
approval of AMI capital expenditures in this hearing. This is a rate
hearing. And I want him to understand that AMI is not on the table in
this hearing.
CHAIRMAN: Okay. Thank you. So we will take a brief adjournment.
(Recess)
CHAIRMAN: All right. So we will deal with the notice of objection
relating to Mr. Amos’ intervener request in this Matter.
And first of all, I want to make a comment about the intervener
request. It does not seem to, on the face of it, deal with the
matters that are going to be in issue in Matter 430. I made some
general comments at the opening of the session today that the Board
intends to keep people on topic this year. And this applies to
everybody. I wouldn’t just be referring to Mr. Amos here. That if
there are issues that are not pertinent to the rate application, then
this is not going to be the forum to air those issues.
Me. Amos, in making his argument this morning, suggested two
things that the Board is going to take into consideration. One is
that he got a fairly late notice yesterday with respect to the notice
of objection. It is my understanding that he has changed his email
address and that the new one and the old one are somewhat similar. I
understand, Mr. Amos, that somebody from our office did provide you
with a copy of the notice of objection but it would have been later on
in the day, I expect.
And secondly, Mr. Amos says that he needs a little bit of time to
provide a written response to the written objection. And our rules
don’t speak to that. They simply say that we will set a time to deal
with the objection, which is this morning.
The Board believes that Mr. Amos, in the circumstances of this
case, can be given an opportunity to provide written remarks. And we
will give you one week. So a week from today by noon, if we have your
comments, written comments with respect to this issue -- and I would
ask you to confine your remarks to the issue that we have today which
is whether or not you will be granted intervener status. And the
Board will then issue a written decision on this matter just as
quickly as we can.
So having said that, your intervener request is not granted today.
We haven’t declined it. But it has not been granted today. So for
purposes of today’s proceedings, you are not an intervener but we
will, before we determine for the hearing whether or not you will be
an intervener, we will consider your written remarks. They are to be
filed no later than noon, one week from today.
Mr. Furey, do you see any reason why you would need time or an
opportunity even to respond to any written comments from Mr. Amos?
MR. FUREY: I don’t anticipate at this time that we would require a
response. It probably wouldn’t be unreasonable to say 24 hours later,
if the Board was inclined to give us that opportunity, it would be a
very short time frame. I would think 24 hours would be more than
sufficient.
CHAIRMAN: All right. Then we will provide you with a 24 hour
opportunity to respond to any remarks that Mr. Amos may provide to us.
So that would be Thursday of next week at noon. And if we haven’t
received anything from NB Power -- if we have got Mr. Amos’ remarks
and we don’t have anything from you, then we will proceed to
deliberate on this matter and issue a written decision. This is not a
decision that will take -- I don’t believe it will take a long time.
I would expect that we will have it out either at the end of next week
or the beginning of the following week. Mr. Amos, did you have a
question?
MR. AMOS: Thank you for the time. You are a Queen’s Counsel, it is
my understanding. Do you understand the documents that Mr. Furey
filed of mine in this Matter and the documents I filed in the 357
Matter?
CHAIRMAN: Mr. Amos, rather than you putting questions to me, you
have made your argument this morning as to why you should be granted
intervener status. I am giving you an opportunity to provide the
written response that you requested. And any comments of that nature
-- anything about the nature of these documents or why they are or are
not relevant, why we should consider them, you can put those in your
remarks.
MR. AMOS: You are a lawyer.
CHAIRMAN: Sir, we are talking now about procedure. And the
procedure that we have provided is we are giving you one week to
provide a written response. Do you have any questions on what we have
decided?
MR. AMOS: Why won’t you answer me?
CHAIRMAN: Sir, do you have any questions on the decision that we
have made with respect to your request today?
MR. AMOS: No, I don’t.
CHAIRMAN: Okay. Thank you. All right. So the other issues that
we have before us today is we have to obviously look at the hearing
dates and the schedule. And the question of the confidentiality
claims, whether or not there is going to be any challenge to those, I
think has to be sorted out and -- because I think that may impact on
the schedule as to whether or not some time has to be set aside for
that.
So perhaps just dealing with the claims for confidentiality and
maybe even in the context of some of the general comments that I made
when we opened this morning. So, Mr. Furey, do you have any sort of
general comments to make with respect to the claims for
confidentiality? I mean, we are not here today to deal with them.
Nobody has actually filed any requests for us to review those. I just
wonder in terms of a process that might be followed if it’s necessary
and any sort of general claim -- or any general comments on the issues
that I raised earlier?
60078
Hydro‑Québec Annual Report
Auditors’ fees and independence
KPMG LLP, Ernst & Young LLP and the Auditor General of Québec
are Hydro‑Québec’s independent auditors for 2017. The professional
fees billed by KPMG LLP and by Ernst & Young LLP in 2017 for services
other than auditing and certification amounted to 13.8% of the total
$4.9 million in fees billed. Hydro‑Québec uses various mechanisms
to enable the Audit Committee to ensure that independent auditors
remain independent, including a process whereby any audit engagement
is analyzed beforehand. No professional service engagement
may be assigned to the Auditor General of Québec, since that office
serves the National Assembly exclusively.
Ethics
Hydro‑Québec attaches great importance to ethics in all aspects of its
activities. As a government-owned corporation, Hydro‑Québec must
demonstrate exemplary probity, and it can do so only with the consistent
support of its employees, who must meet the highest standards with
respect to ethics and irreproachable conduct. Loyalty, integrity, respect,
discretion and fairness are ethical principles reflecting Hydro‑Québec’s
social commitment to its customers and the community. Ethical rules
resulting from these principles are set out in the Code of Ethics and
Rules of Professional Conduct for Directors, Executives and Controllers of
Hydro‑Québec and in the employee Code of Conduct, which was updated
in 2017. The latter document, available (in French only) at www.hydroquebec.
com/data/a-propos/pdf/code-
all employees fulfill their duties with integrity and loyalty, in accordance
with Hydro‑Québec’s ethical principles. The company’s ethics training
activities include a mandatory self-training program on these principles,
for all employees.
hydroquebec.com
HYDRO-QUÉBEC
Édifice Jean-Lesage
75, boulevard René-Lévesque Ouest
20e étage
Montréal (Québec) H2Z 1A4
CANADA
Telephone: 514 289-2211, ext. 2316
E-mail: accueil@hydro.qc.ca
INVESTOR RELATIONS
Édifice Jean-Lesage
75, boulevard René-Lévesque Ouest
5e étage
Montréal (Québec) H2Z 1A4
CANADA
Telephone: 514 289-2518
E-mail: rel.inv@hydro.qc.ca
Hydro‑Québec wishes to thank all
the employees and suppliers whose photos
appear in this Annual Report.
© Hydro-Québec
Affaires corporatives et secrétariat général
Reproduction authorized with reference to source
Legal Deposit – 1st quarter 2018
Bibliothèque et Archives nationales du Québec
ISBN 978-2-550-80381-2
2017G300A
This is a translation of the original French text.
The French version shall prevail.
Ce document est également diffusé en français.
https://www.cbc.ca/news/
NB Power behind on plan to pay down $1 billion in debt
The utility would need to increase rates by 22.3% to pay down its debt
on schedule
Robert Jones · CBC News · Posted: Feb 05, 2019 6:30 AM AT
185 Comments
David Amos
Methinks the folks who offer their opinions on NB Power's debt and
rate hikes should consider attending the first day of the public EUB
hearing of the 430 Matter today at 9.30 AM in the Delta Hotel in Saint
John N'esy Pas?
David Amos
Methinks tomorrow should prove to be an interesting day at the EUB
hearing o the 430 Matter byway of all the documents that the NB Power
lawyers served on me at the last minute Anyone can download them from
the EUB website if they truly cared N'esy Pas?
Mark (Junkman) George
Here is "the deal".
It serves no one's purpose to run NB Hydro efficiently.
The politicians don't care and see it only as a source to provide
patronage positions.
The folks running it have no desire to operate it efficiently,
otherwise they would have no excuse for rate hikes, and big budgets
indexed to their bonuses.
I *guess*, on many levels, privatization is an answer of sorts, but
does not assure efficient operation and/or decent competitive energy
pricing.
I *suppose* the best thing to do is remove all political control along
with all the middle managers.
Roger Richard
@Mark (Junkman) George You may be right, we should be able to find a
solution. But I wonder where integrity when?
David Amos
@Roger Richard Methinks you know as well as I that I will have another
chance to teach NB Power, the EUB and many lawyers a lesson about
Integrity tomorrow morning at 9.30 in the Delta Hotel in Saint John
N'esy Pas mon cher ami???
---------- Forwarded message ----------
From: "Holland, Mike Hon. (ERD/DER)" <Mike.Holland@gnb.ca>
Date: Tue, 16 Apr 2019 18:17:10 +0000
Subject: Automatic reply: CBC and their questionable reporting of the
NB Power General Rate Applications
To: David Amos <motomaniac333@gmail.com>
Thank you for your email. Your thoughts, comments and input are
greatly valued. You can be assured that all emails and letters are
carefully read, reviewed and taken into consideration.
If your issue is Constituency related, please contact Cheryl Layton at
my constituency office in Albert at (506) 856-4961 or
Cheryl.Layton@gnb.ca.
Thanks again for your email!
Mike Holland
Minister
MLA, Albert
------------------------------
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations. Nous
tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Si votre courriel est lié à un enjeu de circonscription, veuillez
contacter Cheryl Layton à mon bureau de circonscription dans Albert au
(506) 856-4961 ou Cheryl.Layton@gnb.ca.
Merci encore pour votre courriel!
Mike Holland
Ministre
Député, Albert
From: "Holland, Mike Hon. (ERD/DER)" <Mike.Holland@gnb.ca>
Date: Tue, 16 Apr 2019 18:17:10 +0000
Subject: Automatic reply: CBC and their questionable reporting of the
NB Power General Rate Applications
To: David Amos <motomaniac333@gmail.com>
Thank you for your email. Your thoughts, comments and input are
greatly valued. You can be assured that all emails and letters are
carefully read, reviewed and taken into consideration.
If your issue is Constituency related, please contact Cheryl Layton at
my constituency office in Albert at (506) 856-4961 or
Cheryl.Layton@gnb.ca.
Thanks again for your email!
Mike Holland
Minister
MLA, Albert
------------------------------
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations. Nous
tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Si votre courriel est lié à un enjeu de circonscription, veuillez
contacter Cheryl Layton à mon bureau de circonscription dans Albert au
(506) 856-4961 ou Cheryl.Layton@gnb.ca.
Merci encore pour votre courriel!
Mike Holland
Ministre
Député, Albert
---------- Original message ----------
From: Roger Richard <rrichard@nb.aibn.com>
Date: Mon, 1 Apr 2019 12:06:57 -0300
Subject: Re: Don't forward them my email account will overload
Re: Matter 430 - NB Power 2019-2020 General Rate Application
To: David Amos <motomaniac333@gmail.com>
Lol.
Sorry about that…
The first one is important.
> Le 1 avr. 2019 à 11:41, David Amos <motomaniac333@gmail.com> a écrit :
>
> On 4/1/19, Roger Richard <rrichard@nb.aibn.com> wrote:
>>
>>
>>> Début du message réexpédié :
>>>
>>> De: NBP Regulatory <NBPRegulatory@nbpower.com>
>>> Objet: Matter 430 - NB Power 2019-2020 General Rate Application / Instance
>>> Nº 430 - Énergie NB Demande générale de tarifs pour 2019-2020 - Responses
>>> to Interrogatories
>>> Date: 1 avril 2019 10:11:43 UTC−3
>>> À: "Desmond, Ellen" <ecdesmond@nbeub.ca>, "Mitchell, Kathleen"
>>> <Kathleen.Mitchell@nbeub.ca>, "david.sollows@gnb.ca"
>>> <david.sollows@gnb.ca>, "Paul.Volpe@enbridge.com"
>>> <Paul.Volpe@enbridge.com>, "dave.lavigne@enbridge.com"
>>> <dave.lavigne@enbridge.com>, "Gilles.volpe@enbridge.com"
>>> <Gilles.volpe@enbridge.com>, "jeffery.callaghan@
>>> <jeffery.callaghan@
>>> <gerald@kissnb.com>, "cstewart@stewartmckelvey.com"
>>> <cstewart@stewartmckelvey.com>
>>> <hanrahan.dion@jdirving.com>, "Furey, John" <JFurey@nbpower.com>,
>>> "Waycott, Stephen" <SWaycott@nbpower.com>, NBP Regulatory
>>> <NBPRegulatory@nbpower.com>, "Harrison, Wanda" <WHarrison@nbpower.com>,
>>> "Crawford, Brad" <BCrawford@nbpower.com>, "Lawton, John"
>>> <John.Lawton@nbeub.ca>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>,
>>> "Young, Dave" <Dave.Young@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>,
>>> "heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com"
>>> <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>,
>>> "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
>>> "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>
>>> "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>,
>>> "ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>,
>>> "sstoll@airdberlis.com" <sstoll@airdberlis.com>, "pzarnett@bdrenergy.com"
>>> <pzarnett@bdrenergy.com>
>>>
>>> Good morning,
>>>
>>> Today, April 1st before noon, NB Power will be filing its Responses to
>>> Interrogatories in relation to the above captioned matter.
>>>
>>> As there will be several emails sent to Parties containing the responses
>>> and referenced attachments, this email is to provide advance notice
>>> regarding the number of emails that will be sent, and the total number of
>>> MB contained in the respective emails, as outlined below.
>>>
>>> Responses and Attachments to all Parties:
>>> Number of emails 22
>>> Number of MB 95 MB
>>>
>>> Responses and Attachments to Parties who have executed a Confidentiality
>>> Undertaking:
>>> Number of emails 7
>>> Number of MB 20 MB
>>>
>>>
>>> Thank you.
>>>
>>>
>>> Lilia Cozzarini | Regulatory Officer
>>> NB Power Corporation
>>> 515 King Street | Fredericton NB | E3B 5G4
>>> Office: 506 458 4022 | Cell: 506 470 4156 | Fax: 506 458 4000
>>> lcozzarini@nbpower.com <mailto:lcozzarini@nbpower.com
>>>
>>>
>>>
>>>
>>> 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.
>>
>>
From: Roger Richard <rrichard@nb.aibn.com>
Date: Mon, 1 Apr 2019 12:06:57 -0300
Subject: Re: Don't forward them my email account will overload
Re: Matter 430 - NB Power 2019-2020 General Rate Application
To: David Amos <motomaniac333@gmail.com>
Lol.
Sorry about that…
The first one is important.
> Le 1 avr. 2019 à 11:41, David Amos <motomaniac333@gmail.com> a écrit :
>
> On 4/1/19, Roger Richard <rrichard@nb.aibn.com> wrote:
>>
>>
>>> Début du message réexpédié :
>>>
>>> De: NBP Regulatory <NBPRegulatory@nbpower.com>
>>> Objet: Matter 430 - NB Power 2019-2020 General Rate Application / Instance
>>> Nº 430 - Énergie NB Demande générale de tarifs pour 2019-2020 - Responses
>>> to Interrogatories
>>> Date: 1 avril 2019 10:11:43 UTC−3
>>> À: "Desmond, Ellen" <ecdesmond@nbeub.ca>, "Mitchell, Kathleen"
>>> <Kathleen.Mitchell@nbeub.ca>, "david.sollows@gnb.ca"
>>> <david.sollows@gnb.ca>, "Paul.Volpe@enbridge.com"
>>> <Paul.Volpe@enbridge.com>, "dave.lavigne@enbridge.com"
>>> <dave.lavigne@enbridge.com>, "Gilles.volpe@enbridge.com"
>>> <Gilles.volpe@enbridge.com>, "jeffery.callaghan@
>>> <jeffery.callaghan@
>>> <gerald@kissnb.com>, "cstewart@stewartmckelvey.com"
>>> <cstewart@stewartmckelvey.com>
>>> <hanrahan.dion@jdirving.com>, "Furey, John" <JFurey@nbpower.com>,
>>> "Waycott, Stephen" <SWaycott@nbpower.com>, NBP Regulatory
>>> <NBPRegulatory@nbpower.com>, "Harrison, Wanda" <WHarrison@nbpower.com>,
>>> "Crawford, Brad" <BCrawford@nbpower.com>, "Lawton, John"
>>> <John.Lawton@nbeub.ca>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>,
>>> "Young, Dave" <Dave.Young@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>,
>>> "heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com"
>>> <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>,
>>> "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
>>> "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>
>>> "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>,
>>> "ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>,
>>> "sstoll@airdberlis.com" <sstoll@airdberlis.com>, "pzarnett@bdrenergy.com"
>>> <pzarnett@bdrenergy.com>
>>>
>>> Good morning,
>>>
>>> Today, April 1st before noon, NB Power will be filing its Responses to
>>> Interrogatories in relation to the above captioned matter.
>>>
>>> As there will be several emails sent to Parties containing the responses
>>> and referenced attachments, this email is to provide advance notice
>>> regarding the number of emails that will be sent, and the total number of
>>> MB contained in the respective emails, as outlined below.
>>>
>>> Responses and Attachments to all Parties:
>>> Number of emails 22
>>> Number of MB 95 MB
>>>
>>> Responses and Attachments to Parties who have executed a Confidentiality
>>> Undertaking:
>>> Number of emails 7
>>> Number of MB 20 MB
>>>
>>>
>>> Thank you.
>>>
>>>
>>> Lilia Cozzarini | Regulatory Officer
>>> NB Power Corporation
>>> 515 King Street | Fredericton NB | E3B 5G4
>>> Office: 506 458 4022 | Cell: 506 470 4156 | Fax: 506 458 4000
>>> lcozzarini@nbpower.com <mailto:lcozzarini@nbpower.com
>>>
>>>
>>>
>>>
>>> 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.
>>
>>
Re: #541 - Expert Qualification Request for Bob Knecht Perhaps Mr Williams and his expert should review the Board's Opinion of my concerns about KPMG in the 530 Matter as Furey suggested
YO Madame Clark Deja Vu???
David Amos<david.raymond.amos333@gmail.com> | Wed, Jan 25, 2023 at 11:36 AM |
| To: lclark@nbpower.com, "Colleen.Mitchell@AtlanticaEnergy.org" <Colleen.Mitchell@atlanticaenergy.org>, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "Heather.Quinn@gnb.ca" <Heather.Quinn@gnb.ca>, Dave.Young@nbeub.ca, geoff.flood@t4g.com, pzarnett@bdrenergy.com, pvanloan@airdberlis.com, pmiehls@airdberlis.com, szakem@airdberlis.com, gtorgis@airdberlis.com, sstoll <sstoll@stollprofcorp.com>, "nrubin@stewartmckelvey.com" <nrubin@stewartmckelvey.com>, "coneil@stewartmckelvey.com" <coneil@stewartmckelvey.com>, "lmclements@stewartmckelvey.com" <lmclements@stewartmckelvey.com>, "brudderham@stewartmckelvey.com" <brudderham@stewartmckelvey.com>, "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>, "jpetrie@nbpower.com" <jpetrie@nbpower.com>, "NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "Aherrington@lawsoncreamer.com" <Aherrington@lawsoncreamer.com>, newsroom@globeandmail.com, pdueck@airdberlis.com, mvanderwier@airdberlis.com | |
| Cc: motomaniac333 <motomaniac333@gmail.com>, "Marco.Mendicino" <Marco.Mendicino@parl.gc.ca>, Nathalie.g.Drouin@pco-bcp.gc.ca, mcu <mcu@justice.gc.ca>, pm <pm@pm.gc.ca>, "pierre.poilievre" <pierre.poilievre@parl.gc.ca>, "jagmeet.singh" <jagmeet.singh@parl.gc.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>, rrichard <rrichard@nb.aibn.com>, "rob.moore" <rob.moore@parl.gc.ca>, "John.Williamson" <John.Williamson@parl.gc.ca> | |
---------- Forwarded message ---------- From: rrichard@nb.aibn.com Date: Fri, 30 Aug 2019 11:45:46 -0300 Subject: Re: Matter 452 - NB Power Application for Approval of an Advanced Metering Infrastructure Capital Project / Instance nș 452 - Énergie NB - Demande d'approbation d'un project d'immobilisation d'infrastructure de mesure avancée To: "Colleen.Mitchell@ <Colleen.Mitchell@ <david.sollows@gnb.ca>, "Heather.Quinn@gnb.ca" <Heather.Quinn@gnb.ca>, "Paul.Volpe@enbridge.com" <Paul.Volpe@enbridge.com>, "Gilles.volpe@enbridge.com" <Gilles.volpe@enbridge.com>, "dave.lavigne@enbridge.com" <dave.lavigne@enbridge.com>, "gerald@kissnb.com" <gerald@kissnb.com>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "cstewart@stewartmckelvey.com" <cstewart@stewartmckelvey.com> <NbdotCa@hotmail.com>, "lcozzarini@nbpower.com" <lcozzarini@nbpower.com>, "jfurey@nbpower.com" <jfurey@nbpower.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "bcrawford@nbpower.com" <bcrawford@nbpower.com>, "lclark@nbpower.com" <lclark@nbpower.com>, "NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Lawton, John" <John.Lawton@nbeub.ca>, "Desmond, Ellen" <ecdesmond@nbeub.ca>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, "mikemckinley@rogers.com" <mikemckinley@rogers.com>, "heather.black@gnb.ca" <heather.black@gnb.ca>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>, "geoff.flood@t4g.com" <geoff.flood@t4g.com> Cc: "jeff.garrett (jeff.garrett@sjenergy.com)" <jeff.garrett@sjenergy.com>, "dan.dionne (dan.dionne@perth-andover.com) Pierre" <pierreroy@edmundston.ca>, "Robinson, Ray" <ray.robinson@sjenergy.com>, "sstoll (sstoll@airdberlis.com)" <sstoll@airdberlis.com>, "Zarnett, Paula" <pzarnett@bdrenergy.com> New Brunswick Energy and Utilities Board PO Box 5001 15 Market Square, Suite 1400 Saint John NB E2L 4Y9 Att: Kathleen Mitchell, Chief Clerk Dear Ms. Mitchell, With all due respect, I cannot support Utilities Municipal’s Motion. As you know, I am placing lots of time, money and worries to stop the deployment of smart meters in our province. Always in the past, Utilities Municipal had been timely in all it’s interventions. Therefore, I have resorted to doubt their intentions for the delay. I became aware that the profit of Saint John Energy goes to Fredericton. Saint John Energy is essentially a part of NB Power. I do not see why another intervener from NB power will help matter #452. They had a last minute change of plan. Cordially yours, Roger Richard > Le 28 août 2019 à 10:35, Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca> a écrit : > > Good morning, > > Please be advised that Utilities Municipal has filed a Notice of Motion for Intervener Status with the Board. All parties have now been copied on the Notice of Motion and it is posted on the Board’s website. > > Parties have until 12:00 PM on Friday, August 30th to provide any comments they may have regarding Utilities Municipal’s request. > > *** > Bonjour, > > Nous désirons vous informer qu’Utilities Municipal a déposé un Avis de motion pour statut d’intervenant auprès de la Commission. Toutes les parties ont désormais reçu une copie de cet Avis de motion, qui est affiché sur le site Web de la Commission. > > Les parties ont jusqu’à 12 h 00 le vendredi 30 août pour soumettre des commentaires en ce qui a trait à la demande d’Utilities Municipal. > > Kathleen Mitchell > Chief Clerk | Greffière en chef > > Energy & Utilities Board | Commission de l’énergie et des services publics du N.-B. > 15 Market Square, Suite 1400 > Saint John, NB E2L 4Y9 > 506-643-7324 (direct) > 506-658-2504 (reception) > 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. On 1/24/23, David Amos <david.raymond.amos333@gmail. > https://www.airdberlis.com/ > > Firm Contacts > > Bio > > Steven Zakem is widely recognized as an expert in municipal planning. > Full bio > ZAKEM_Steve-1670_webupdate > Steven Zakem > Managing Partner > szakem@airdberlis.com > T416.865.3440 > Bio > > Gary reports to the Managing Partner and Executive Committee. He > is responsible for all administrative departments that provide support > to 190 lawyers... > Full bio > Gary Torgis > Gary Torgis > Executive Director > gtorgis@airdberlis.com > T416.865.3080 > C416.710.3080 > Bio > > Ari is responsible for all aspects of the firm’s student and > associate programs, including recruitment, supervision and > professional development... > Full bio > Ari Blicker > Ari Blicker > Director, Student & Associate Programs > ablicker@airdberlis.com > T416.865.4149 > Bio > > Andrew has overall responsibility for the firm’s accounting and > finance functions. He leads a team of 30 people within the Finance > Department. > Full bio > Andrew Morval > Andrew Morvai > Director, Finance > amorvai@airdberlis.com > T416.865.4729 > Bio > > With a focus on education, innovation and collaboration, Neil is > responsible for the firm's professional development activities and > knowledge manageme... > Full bio > Neil Guthrie > Director, Professional Development, Research & Knowledge Management > nguthrie@airdberlis.com > T416.865.4721 > Bio > > Georgia leads and directs the planning and execution of the firm’s > Human Resources function. > Full bio > Georgia Rennick > Georgia Rennick > Director, Human Resources > grennick@airdberlis.com > T416.865.7743 > > Media Contacts > > Bio > > An experienced communicator, Karen oversees the firm’s media > relations and communications activities. > Full bio > Karen Oliveira > Karen Oliveira > she / her / hers > Manager, Communications > koliveira@airdberlis.com > T416.865.4634 > Bio > > Peter leads the marketing and client development team at Aird & > Berlis. He graduated from the University of Toronto Faculty of Law in > 2010. > Full bio > Peter Duek > Peter Dueck > he / him / his > Director, Client Communications & Development > pdueck@airdberlis.com > T416.865.7720 > Bio > > A longtime journalist, Marcel assists with internal and external > media inquiries. > Full bio > Marcel Vander Wier > he / him / his > Communications Specialist > mvanderwier@airdberlis.com > T416.863.150 > > ---------- Forwarded message ---------- > From: David Amos <david.raymond.amos333@gmail. > Date: Tue, 24 Jan 2023 12:00:41 -0400 > Subject: Re: Merci Mon Ami Interesting news > To: areynolds@airdberlis.com, "blaine.higgs" <blaine.higgs@gnb.ca>, > Dominic.Cardy@gnb.ca, "Holland, Mike (LEG)" <mike.holland@gnb.ca>, > "Ross.Wetmore" <Ross.Wetmore@gnb.ca>, "robert.mckee" > <robert.mckee@gnb.ca>, "Rene.Legacy" <Rene.Legacy@gnb.ca>, > "kris.austin" <kris.austin@gnb.ca>, "michelle.conroy" > <michelle.conroy@gnb.ca>, David.Coon@gnb.ca, "Mitton, Megan (LEG)" > <megan.mitton@gnb.ca>, "Arseneau, Kevin (LEG)" > <kevin.a.arseneau@gnb.ca>, kevhache@nb.sympatico.ca, "greg.byrne" > <greg.byrne@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>, > MRichard@lawsociety-barreau. > "Bill.Hogan" <Bill.Hogan@gnb.ca>, "Bill.Oliver" <Bill.Oliver@gnb.ca>, > briangallant10 <briangallant10@gmail.com>, BrianThomasMacdonald > <BrianThomasMacdonald@gmail. > "Macfarlane, Bruce (DH/MS)" <Bruce.Macfarlane@gnb.ca>, "Gary.Crossman" > <Gary.Crossman@gnb.ca>, andrea.anderson-mason@gnb.ca, "robert.gauvin" > <robert.gauvin@gnb.ca>, "Dorothy.Shephard" <Dorothy.Shephard@gnb.ca>, > "charles.murray" <charles.murray@gnb.ca>, ltgov@gnb.ca, > "Kelly.A.Lamrock" <Kelly.A.Lamrock@gnb.ca>, andre <andre@jafaust.com>, > news@dailygleaner.com, oldmaison@yahoo.com, jbosnitch@gmail.com, > "Robert. Jones" <Robert.Jones@cbc.ca> > Cc: motomaniac333 <motomaniac333@gmail.com>, rrichard > <rrichard@nb.aibn.com>, Alex.Vass@gnb.ca, SWaycott@nbpower.com, > jeffery.callaghan@ > rdk@indecon.com, pzarnett@bdrenergy.com, sstoll@airdberlis.com, > dan.dionne@perth-andover.com > > ---------- Forwarded message ---------- > From: Scott Stoll <sstoll@airdberlis.com> > Date: Tue, 24 Jan 2023 15:57:03 +0000 > Subject: Automatic reply: Merci Mon Ami > To: David Amos <david.raymond.amos333@gmail. > > Please be advised that Scott Stoll has retired from Aird & Berlis LLP > effective August 31st, 2022. If this is a business related enquiry, > please contact Alison Reynolds at areynolds@airdberlis.com or > 416.863.1500 ext. 2113. > > On 1/24/23, David Amos <david.raymond.amos333@gmail. > >> ---------- Original message ---------- >> From: Roger Richard <rrichard@nb.aibn.com> >> Date: Mon, 11 Feb 2019 11:45:50 -0400 >> Subject: Matter 430 - NB Power 2019-2020 General Rate Application / >> Instance Nº 430 - Énergie NB Demande générale de tarifs pour 2019-2020 >> To: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca> >> Cc: "David.Raymond.Amos333@gmail. >> <David.Raymond.Amos333@gmail. >> <david.sollows@gnb.ca>, "Paul.Volpe@enbridge.com" >> <Paul.Volpe@enbridge.com>, "dave.lavigne@enbridge.com" >> <dave.lavigne@enbridge.com>, "Gilles.volpe@enbridge.com" >> <Gilles.volpe@enbridge.com>, "jeffery.callaghan@ >> <jeffery.callaghan@ >> <gerald@kissnb.com>, "cstewart@stewartmckelvey.com" >> <cstewart@stewartmckelvey.com> >> <hanrahan.dion@jdirving.com>, "lcozzarini@nbpower.com" >> <lcozzarini@nbpower.com>, "jfurey@nbpower.com" <jfurey@nbpower.com>, >> "SWaycott@nbpower.com" <SWaycott@nbpower.com>, >> "NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>, >> "wharrison@nbpower.com" <wharrison@nbpower.com>, >> "bcrawford@nbpower.com" <bcrawford@nbpower.com>, "Lawton, John" >> <John.Lawton@nbeub.ca>, "Desmond, Ellen" <ecdesmond@nbeub.ca>, >> "Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave" >> <Dave.Young@nbeub.ca>, "Mitchell, Kathleen" >> <Kathleen.Mitchell@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>, >> "heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com" >> <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>, >> "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, >> "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com> >> "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>, >> "ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>, >> "sstoll@airdberlis.com" <sstoll@airdberlis.com>, >> "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com> >> >> >> M. le Président, >> >> Je vous écrit ce matin pour faire valoir mon indignation >> vis-à-vis >> les propos de NB Power concernant M. Amos le 6 février 2019. Plus >> spécifiquement les paroles suivantes: « He might be dead before me. » >> >> M. Amos est très habile lorsque vient le temps d’argumenter. En >> plus, il connait très bien les lois et ses responsabilités sociales. >> M. Amos est bien plus efficace en Cour que dans une sombre ruelle… >> Jamais il aurait dit de pareils choses! >> >> J’étais présent la soirée du 7 février 2018. C’était une très >> longue >> journée avec le début de l’audience #375 le matin et l’intervention >> publique le soir en plus de la pluie verglaçante. Tout le monde était >> fatigué. >> >> Je n’ai pas entendu M. Amos dire de telles paroles. Il est vrai >> qu’il parlait vite ce soir là. C’était pour profiter le plus possible >> de son temps de paroles. Après avoir reçu la transcription de la >> soirée, il a essayé à mainte reprises d’avoir une copie de >> l’enregistrement mais sans succès. >> >> Les erreurs de transcriptions sont possibles car cela m’est >> arrivé >> à >> quelques reprises. C’est pourquoi, quand j’ai la possibilité, je >> fournis un document écrit pour limiter les erreurs. L’erreur est >> humaine et je ne m’en fait pas d’histoires. Mais maintenant je >> réalise que c’est très dangereux. >> >> C’est pourquoi je doute de l’intégrité de NB Power lorsqu’elle >> utilise cette technique pour faire valoir son point. Selon moi, c’est >> un coup bas! >> >> Je prie donc à la commission de prendre ceci en considération >> pour >> aider M. Amos à devenir intervenant. >> >> Cordialement vôtre, >> >> Roger Richard. >> >> >> Google Translation >> >> Mr. President, >> >> I am writing to you this morning to express my outrage at NB Power's >> remarks regarding Mr. Amos on 6 February 2019. More specifically the >> following words: “He might be dead before me." >> >> Mr. Amos is very skilled when it comes to arguing. In addition, he >> knows very well the laws and its social responsibilities. Mr. Amos is >> much more effective in Court than in a dark alley… He would never have >> said such things! >> >> I was present the evening of February 7, 2018. It was a very long day >> with the start of hearing #375 in the morning and the public >> intervention in the evening in addition to the freezing rain. Everyone >> was tired. >> >> I did not hear Mr. Amos say such words. It is true that he spoke >> quickly that evening. It was to take advantage of as much of his >> speaking time as possible. After receiving the transcript of the >> evening, he repeatedly tried to have a copy of the recording but >> without success. >> >> Transcription errors are possible because this has happened to me a >> few times. That's why when I have the possibility, I provide a written >> document to limit errors. To err is human and I don't care of stories. >> But now I realize that it is very dangerous. >> >> This is why I doubt the integrity of NB Power when it uses this >> technique to make its point. >> >> In my opinion, this is a low blow! >> >> So I urge the commission to take this into consideration to help Mr. >> Amos become an intervener. >> >> Yours faithfully, >> Roger Richard. >> >> ---------- Forwarded message ---------- >> From: "Macfarlane, Bruce (ECO/BCE)" <Bruce.Macfarlane@gnb.ca> >> Date: Tue, 24 Jan 2023 00:19:31 +0000 >> Subject: Automatic reply: Merci Mon Ami >> To: David Amos <david.raymond.amos333@gmail. >> >> OUT OF OFFICE ALERT:I am out of the office with no access to e-mails >> For immediate assistance, please contact Alex Vass at Alex.Vass@gnb.ca >> >> >> ABSENT DU BUREAU :Je suis hors de mon bureau aujourd'hui. Je n'aurai >> pas accès à mes courriels électroniques. Veuillez communiquer avec >> Alex Vass à Alex.Vass@gnb.ca pour obtenir de l'aide immédiate. >> >> >> On 1/23/23, David Amos <david.raymond.amos333@gmail. >>> A Google Translation >>> >>> January 23, 2023. Case #541. Caraquet. >>> >>> Mr. President, dear Commissioners, and dear fellow citizens, >>> >>> I cannot accept the 8.9% increase in electricity rates. Even if Mr. >>> Higgs is right >>> that NB Power's huge debt needs to be brought under control is not the >>> right way to go about it. Here are some reasons why. >>> >>> Start with the NB Power Board of Directors. Why do we have Board >>> members who are non-residents of NB? Why the president of advice is an >>> American? >>> >>> Then there are the salaries of more than $100,000 among our employees. >>> It must be remembered that the upper third of the income of the >>> population is $70,000 and more per year. It means that the lower >>> two-thirds are much less. It's like NB Power is a cow >>> fat as we say in English. According to Mr. David Amos, NB Power's >>> accounting is not >>> independently verified. He is a whistleblower regarding fraudulent >>> activities >>> of the KPMJ company. >>> >>> Follows the field of research and development. NB Power, i.e. we, have >>> no the financial means to do research. Mini-nuclear power plants are a >>> beautiful example of research well beyond our means. Hydro-Québec has >>> a real laboratory, this is where people who want to do research can >>> go. Otherwise we will reliving laughable experiences as we have seen >>> with the company JOY Entertainment. As for the development, it comes >>> from the workers on the ground. For example, an editor line can see, >>> after years of experience, that a piece of equipment wears in a way >>> particular. He can realize that by moving it a little, his lifespan >>> increases. this is good, but the ego of the superiors and the >>> administration comes into play and often the idea is lost. >>> >>> Then there is the entrepreneurial spirit in big projects that does not >>> go with our ability to >>> to pay. Why renovate the Mactaquac dam when we have 5 billion in debt? >>> Why >>> we maintain the Point Lepreau Generating Station? For Americans? >>> >>> Our natural environment was my primary reason for becoming a case >>> worker. #375 and #452 even if it is very difficult for me to speak >>> publicly. In particular, the transcript of January 22, 2020 of >>> Instance #452, pages 1120 and following, should be reread. >>> Interesting, there is three years already… Electromagnetic fields are >>> creating a smog that is becoming more and more denser with serious >>> effects on everything around us, including ourselves. I you refers to >>> the documents of Dr. Héroux and Dr. Miller presented during the two >>> proceedings mentioned. With that, I would like to introduce you to >>> what an RF wave meter measures. In this room. It quantifies the level >>> of electromagnetic smog. The scale used by the device is according to >>> the recent studies which are carried out independently of the >>> industry. Not according to studies used by Health Canada. >>> >>> The transition from an analog to a digital system results in a huge >>> loss energy on several levels. Looking up a word in a dictionary does >>> not have the same expense >>> energy than looking for it on the internet. Also, the digital system >>> continues to evolve and to each time you have to buy other devices. >>> Sometimes it is the device itself that is defective! Just think of >>> your cell phones and smart meters. You have to remember that >>> mechanical counters last more than thirty years… Dr. Tatoutchoup >>> explained well why smart meters are not a good financial decision for >>> N.B. must see or review his report presented during proceeding #452. >>> This digital shift is a illusion: a false path. Moreover, remember >>> what Mr. Bill Morneau, the former Minister of federal finances, said >>> when he spoke about this energy transformation. He said that this >>> technology will allow us to save money so that we can buy more >>> “stuff”: A nice environmentalist mentality. >>> >>> Far too much emphasis is placed on electric vehicles. Maybe one day >>> this will be the reality but not in the near future. So why try to >>> pretend it's okay change our reality now? In the meantime, let's leave >>> it to others to make exorbitant expenses that are completely >>> unnecessary and let's invest when the technology is ripe. >>> >>> Humanity is growing exponentially now, but our planet is as big as >>> that! So let's try to understand the importance of accepting our >>> reality and stop believing that our needs can be met without any >>> limits. Unfortunately, our system decision-making is taken by the >>> industry. A good example is that Mr. Amos is practically the only one, >>> if not the only one intervening in this proceeding who does not >>> represent any company. >>> >>> I know I'm not telling you anything, but you had to be told for it to >>> be recorded. Thanks for taking the time to listen. >>> >>> Yours faithfully, >>> Roger Richard >>> >>> >>> Le 23 janvier, 2023. Instance #541. Caraquet. >>> >>> M. le Président, chers commissaires, et chers concitoyens, >>> >>> Je ne peux accepter l’augmentation de 8,9% des tarifs d’électricité. >>> Même si M. Higgs a raison qu’il faut contrôler l’énorme dette >>> d’Énergie NB, ce n’est pas la bonne façon de s’y prendre. Voici >>> quelques raisons pourquoi. >>> >>> Il faut commencer par le conseil d’administration d’Énergie NB. >>> Pourquoi avons-nous des membres du conseil d’administration qui sont >>> non résidents du N.-B.? Pourquoi le président du conseil est un >>> Américain? >>> >>> Ensuite il y a les salaires de plus de 100,000$ chez nos employés. Il >>> faut se rappeler que le tiers supérieur des revenus de la population >>> est 70,000$ et plus par année. Ça veut dire que les deux tiers >>> inférieurs sont beaucoup moins. C’est à croire qu’Énergie NB est une >>> vache grasse comme on dit en anglais. Selon M. David Amos, la >>> comptabilité d’Énergie NB n’est pas vérifiée de façon indépendante. Il >>> est un lanceur d’alertes concernant les activités frauduleuses de la >>> compagnie KPMJ. >>> >>> Suit le domaine de la recherche et développement. Énergie NB, >>> c’est-à-dire nous, n’avons pas les moyens financiers pour faire de la >>> recherche. Les mini-centrales nucléaires sont un bel exemple de >>> recherches bien au-dessus de nos moyens. Hydro-Québec a un vrai >>> laboratoire, c’est là que les gens qui veulent faire de la recherche >>> peuvent aller. Autrement nous allons revivre des expériences risibles >>> tel que nous l’avons vu avec la compagnie JOY Entertainment. Quant au >>> développement, il provient des travailleurs sur le terrain. Par >>> exemple, un monteur de ligne peut voir, après des années >>> d’expériences, qu’une pièce d’équipement use d’une façon particulière. >>> Il peut réaliser qu’en la déplaçant un peu, sa durée de vie augmente. >>> Ceci est bien, mais l’égo des supérieurs et de l’administration rentre >>> en jeu et souvent l’idée est perdue. >>> >>> Ensuite il y a l’esprit entrepreneurial dans de gros projets qui ne va >>> pas avec notre capacité de payer. Pourquoi rénover le barrage de >>> Mactaquac lorsqu’on a 5 milliards de dettes? Pourquoi qu’on entretient >>> la centrale de Pointe Lepreau? Pour les Américains? >>> >>> Notre environnement naturel a été ma raison première pour devenir >>> intervenant aux l’instances #375 et #452 même s’il m’est très >>> difficile de parler publiquement. En particulier, la transcription du >>> 22 janvier 2020 de l’Instance #452, pages 1120 et suivantes, sont à >>> relire. Intéressant, il y a trois ans passés déjà… Les champs >>> électromagnétiques créent un smog qui devient de plus en plus dense >>> avec des effets graves sur tout ce qui nous entoure y compris nous >>> même. Je vous réfère aux documents de Dr Héroux et Dr Miller présentés >>> lors des deux instances mentionnés. >>> Sur ce, j’aimerais vous présenter ce qu’un compteur des ondes des >>> radiofréquences mesure dans cette salle. Il quantifie le niveau du >>> smog électromagnétique. L’échelle utilisée par l’appareil est selon >>> les études récentes qui sont réalisées de façon indépendante de >>> l’industrie. Pas selon les études qu’utilise Santé Canada. >>> >>> Le passage d’un système analogique à un système numérique entraîne une >>> énorme perte d’énergie à plusieurs niveaux. Chercher un mot dans un >>> dictionnaire n’a pas la même dépense d’énergie que de le chercher sur >>> l’internet. Aussi, le système numérique continue d’évoluer et à chaque >>> fois il faut acheter d’autres appareils. Parfois c’est l’appareil même >>> qui est défectueux! On n’a qu’à penser à vos téléphones cellulaires et >>> aux compteurs intelligents. Il faut se rappeler que les compteurs >>> mécaniques durent plus de trente ans… Dr Tatoutchoup a bien expliqué >>> pourquoi les compteurs intelligents ne sont pas une bonne décision >>> financière pour le N.-B. Il faut voir ou revoir son rapport présenté >>> lors de l’instance #452. Ce virage numérique est une illusion: une >>> fausse route. D’ailleurs, se rappeler ce que M. Bill Morneau, l’ancien >>> ministre des finances fédérales, a dit lorsqu’il parlait de cette >>> transformation énergétique. Il a dit que cette technologie nous >>> permettra d’épargner de l’argent pour nous permettre d’acheter plus de >>> « stuff »: Une belle mentalité environnementaliste. >>> >>> Beaucoup trop d’importance est accordée aux véhicules électriques. >>> Peut-être qu’un jour ce sera la réalité mais pas dans un avenir >>> proche. Donc pourquoi essayer de prétendre que ça va changer notre >>> réalité maintenant? Entre temps, laissons donc aux autres de faire des >>> dépenses exorbitantes parfaitement inutiles et investissons lorsque la >>> technologie sera à point. >>> >>> L’humanité croît de façon exponentielle présentement, mais notre >>> planète est grosse comme ça! Essayons donc de comprendre l’importance >>> d’accepter notre réalité et de cesser de croire que nos besoins >>> peuvent être satisfaits sans aucunes limites. Malheureusement, notre >>> système décisionnel est pris par l’industrie. Un bel exemple est que >>> M. Amos est pratiquement le seul, si-non le seul, intervenant dans >>> cette instance qui ne représente aucune compagnie. >>> >>> Je sais que je ne vous apprends rien, mais il fallait vous le dire >>> pour que ce soit enregistré. Merci d’avoir pris le temps d’écouter. >>> >>> Cordialement vôtre, >>> >>> Roger Richard >>> >> > > > > > ---------- Forwarded message ---------- > From: NBEUB/CESPNB <General@nbeub.ca> > Date: Thu, 21 Oct 2021 19:13:33 +0000 > Subject: RE: Submissions of Utilities Municipal - New Brunswick Power > – Motion for Deferral of General Rate Application- Board Matter No. > 503 > To: David Amos <david.raymond.amos333@gmail. > > Thank you for your email to the New Brunswick Energy and Utilities Board. > > This is to acknowledge receipt of the information you have filed with > the Board. > > *** > > La Commission de l’énergie et des services publics du > Nouveau-Brunswick vous remercie pour votre courriel. > > Nous accusons réception de l’information que vous avez déposée auprès > de la Commission. > > Sarah Thebeau > Administrative Assistant / Assistante administrative > (506) 658-2504 (Reception) > (506) 658-2711 (Direct) > > > > 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. > > > > -----Original Message----- > From: David Amos [mailto:david.raymond.amos333@ > Sent: Thursday, October 21, 2021 3:16 PM > To: Alison Reynolds <areynolds@airdberlis.com> > Cc: NBEUB/CESPNB <General@nbeub.ca>; david.sollows@gnb.ca; > cstewart@stewartmckelvey.com; hanrahan.dion@jdirving.com; > paul.volpe@libertyutilities. > dave.lavigne@libertyutilities. > jeffery.callaghan@ > lcozzarini@nbpower.com; jfurey@nbpower.com; swaycott@nbpower.com; > bcrawford@nbpower.com; wharrison@nbpower.com; Lawton, John > <John.Lawton@nbeub.ca>; Desmond, Ellen <ecdesmond@nbeub.ca>; Dickie, > Michael <Michael.Dickie@nbeub.ca>; Young, Dave <Dave.Young@nbeub.ca>; > Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca>; > dmadsen.consulting@gmail.com; Black, Heather (JAG/JPG) > <Heather.Black@gnb.ca>; rdk@indecon.com; rrichard@nb.aibn.com; Scott > Stoll <sstoll@airdberlis.com>; jeff.garrett@sjenergy.com; > dan.dionne@perth-andover.com; pierreroy@edmundston.ca; > ray.robinson@sjenergy.com; pzarnett@bdrenergy.com; gerald@kissnb.com > Subject: Re: Submissions of Utilities Municipal - New Brunswick Power > – Motion for Deferral of General Rate Application- Board Matter No. > 503 > > Oh my my what a tangled web we weave when first we practice to deceive > > On 10/21/21, Alison Reynolds <areynolds@airdberlis.com> wrote: >> Good morning, >> >> Please see attached letter of today’s date with the submissions of >> Utilities Municipal with respect to Board Matter No. 503. >> >> Kind regards, >> >> Alison >> >> Alison Reynolds >> Assistant to Scott Stoll, Daria (Dasha) Peregoudova & Adam West >> >> T 416.863.1500 x2113 >> F 416.863.1515 >> E areynolds@airdberlis.com >> >> Aird & Berlis LLP | Lawyers >> Brookfield Place, 181 Bay Street, Suite 1800 >> Toronto, Canada M5J 2T9 | airdberlis.com<http://www. >> >> [cid:image001.png@01D7C599. >> >> >> >> This email is intended only for the individual or entity named in >> the message. Please let us know if you have received this email in error. >> If you did receive this email in error, the information in this >> email may be confidential and must not be disclosed to anyone. >> > > > > > ---------- Forwarded message ---------- > From: Alison Reynolds <areynolds@airdberlis.com> > Date: Thu, 14 Mar 2019 14:24:18 +0000 > Subject: NB Power 2019-2020 General Rate Application - Board Matter No. 430 > To: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca> > Cc: "david.raymond.amos333@gmail. > <david.raymond.amos333@gmail. > <david.sollows@gnb.ca>, "paul.volpe@enbridge.com" > <paul.volpe@enbridge.com>, "dave.lavigne@enbridge.com" > <dave.lavigne@enbridge.com>, "gilles.volpe@enbridge.com" > <gilles.volpe@enbridge.com>, "jeffery.callaghan@ > <jeffery.callaghan@ > <gerald@kissnb.com>, "cstewart@stewartmckelvey.com" > <cstewart@stewartmckelvey.com> > <hanrahan.dion@jdirving.com>, "Cozzarini, Lilia" > <LCozzarini@nbpower.com>, "jfurey@nbpower.com" <jfurey@nbpower.com>, > "swaycott@nbpower.com" <swaycott@nbpower.com>, > "NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>, > "wharrison@nbpower.com" <wharrison@nbpower.com>, > "bcrawford@nbpower.com" <bcrawford@nbpower.com>, > "John.Lawton@nbeub.ca" <John.Lawton@nbeub.ca>, "ecdesmond@nbeub.ca" > <ecdesmond@nbeub.ca>, "Michael.Dickie@nbeub.ca" > <Michael.Dickie@nbeub.ca>, "Dave.Young@nbeub.ca" > <Dave.Young@nbeub.ca>, "general@nbeub.ca" <general@nbeub.ca>, > "heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com" > <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>, > "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, > "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com> > "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>, > "ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>, Scott Stoll > <sstoll@airdberlis.com>, Paula Zarnett <pzarnett@bdrenergy.com> > > Good morning, > > Please find attached letter of today's date and the Interrogatories of > Utilities Municipal with respect to the above-noted matter. > > Kind regards, > > Alison > > Alison Reynolds > Assistant to Scott Stoll, Fiona Brown & Hon. Hugh D. Segal, OC,O.Ont > > T 416.863.1500 x2113 > F 416.863.1515 > E areynolds@airdberlis.com > > > https://www.airdberlis.com/ > > Pamela Miehls > General Counsel and Chief Risk Officer Admitted to the Ontario Bar: 2003 > > pmiehls@airdberlis.com > T416.865.3965 > > Home > People > Pamela Miehls > > Bio > Awards & Recognition > Professional Involvement > Selected Publications > Insights > Education > > Pamela is passionate about fighting for fairness and integrity in her > clients’ contractual, insurance and disability disputes. She > effectively manages complex proceedings, and is careful to keep her > clients informed at all stages. In court, Pamela is scrupulous in her > preparation and is quick to react to questions or new information or > arguments. > > Pamela is a member of the firm’s Litigation & Dispute Resolution > Group. She has a broad commercial litigation practice that includes an > emphasis on insurance defence. She regularly appears before the > Ontario Superior Court of Justice and the Ontario Court of Appeal. > Pamela has an abundance of experience acting for insurance companies, > intermediaries and self-insured employers that have come to rely on > her for her sharp insight into novel and complex insurance issues. She > is a passionate advocate for her clients with a proven track record of > favourable settlements, and trial and appellate victories. > > Pamela is the firm’s General Counsel and Chief Risk Officer and a > member of the firm’s Diversity & Inclusion Committee and Student > Recruitment Committee. She summered and articled at Aird & Berlis > before joining as an associate in 2003. > > > https://www.airdberlis.com/ > > Hon. Peter Van Loan > Partner Admitted to the Ontario Bar: 1989 > > pvanloan@airdberlis.com > T416.865.3418 > > Home > People > Hon. Peter Van Loan > > Bio > Awards & Recognition > Professional Involvement > Insights > Education > > With over 30 years' experience spanning politics, law and academia, > the Honourable Peter Van Loan brings a wealth of expertise to his > municipal and land use planning practice. His long-standing > involvement in the political sphere has included leadership positions > with various federal ministries and volunteer roles at the municipal, > provincial and federal levels. Prior to his election as a Member of > Parliament for York-Simcoe in 2004, Peter was Practice Group Leader > for the Municipal & Planning Group at a national law firm. He also > served as Adjunct Professor of Land Use Planning at the University of > Toronto School of Graduate Studies for over 10 years. Peter is a > strong, tactical communicator with a track record of delivering > results and achieving approvals for clients in complex regulatory and > procedural environments. > > A partner in the firm’s Municipal & Land Use Planning Group, Peter > represents landowners, developers and municipalities with respect to > land use planning, development approvals, heritage and general > municipal law matters. His practice is focused on matters related to > development within the Greater Toronto Area and Ontario as a whole. > Peter's previous experience includes advising on high profile > development projects such as Vaughan Mills mall, Greenwood Racetrack > and a large subdivision in the Oak Ridges Moraine. Peter also provides > strategic and policy advice to clients in the energy and > infrastructure sectors. > > > https://www.ourcommons.ca/ > > > Roles - Hon. Peter Van Loan > Current and Past > Photo - Hon. Peter Van Loan - Click to open the Member of Parliament > profile > The Honourable > Peter Van Loan > Conservative > York—Simcoe > Ontario > No longer a member of Parliament > Member of Parliament > Constituency Province / Territory Start Date End Date > York—Simcoe Ontario October 19, 2015 September 30, 2018 > York—Simcoe Ontario May 2, 2011 October 18, 2015 > York—Simcoe Ontario October 14, 2008 May 1, 2011 > York—Simcoe Ontario January 23, 2006 October 13, 2008 > York—Simcoe Ontario June 28, 2004 January 22, 2006 > Political Affiliation > Parliament Political Affiliation Start Date End Date > 42nd Conservative October 19, 2015 September 30, 2018 > 41st Conservative May 2, 2011 October 18, 2015 > 40th Conservative October 14, 2008 May 1, 2011 > 39th Conservative January 23, 2006 October 13, 2008 > 38th Conservative June 28, 2004 January 22, 2006 > Offices and Roles as a Parliamentarian > Parliament Office or Role Start Date End Date > 41st Member of the Board of Internal Economy June 7, 2011 December 2, > 2015 > 41st Leader of the Government in the House of Commons May 18, 2011 > November 4, 2015 > 40th Minister of International Trade January 19, 2010 May 17, 2011 > 40th Minister of Public Safety October 30, 2008 January 19, 2010 > 39th Member of the Board of Internal Economy January 4, 2007 October 30, > 2008 > 39th Leader of the Government in the House of Commons January 4, > 2007 October 29, 2008 > 39th Minister for Democratic Reform January 4, 2007 October 29, 2008 > 39th President of the Queen's Privy Council for Canada November 27, > 2006 January 3, 2007 > 39th Minister of Intergovernmental Affairs November 27, 2006 January 3, > 2007 > 39th Minister for Sport November 27, 2006 January 3, 2007 > 39th Parliamentary Secretary to the Minister of Foreign Affairs > February 7, 2006 November 27, 2006 > Committees > Parliament ‑ Session Role Committee Start Date End Date > 42-1 Vice-Chair Canadian Heritage September 20, 2017 September 18, 2018 > 42-1 Member Subcommittee on Agenda and Procedure of the Standing > Committee on Canadian Heritage September 18, 2017 October 3, 2018 > 42-1 Member Canadian Heritage January 29, 2016 September 18, 2018 > 39-1 Member Subcommittee on Agenda and Procedure of the Standing > Committee on Foreign Affairs and International Development September > 26, 2006 September 14, 2007 > 39-1 Member Foreign Affairs and International Development September > 21, 2006 January 30, 2007 > 39-1 Member Foreign Affairs and International Development April 26, > 2006 September 21, 2006 > 39-1 Member Subcommittee on Agenda and Procedure of the Standing > Committee on Foreign Affairs and International Development May 4, > 2006 September 21, 2006 > 38-1 Member Human Resources, Skills Development, Social Development > and the Status of Persons with Disabilities October 7, 2005 November > 29, 2005 > 38-1 Member Human Resources, Skills Development, Social Development > and the Status of Persons with Disabilities October 7, 2004 October > 7, 2005 > 38-1 Member Subcommittee on the Employment Insurance Funds of the > Standing Committee on Human Resources, Skills Development, Social > Development and the Status of Persons with Disabilities November 2, > 2004 October 7, 2005 > Parliamentary Associations and Interparliamentary Groups > Parliament Role Association or Group Start Date End Date > 40th Member Canada-Japan Inter-Parliamentary Group March 17, 2010 > March 31, 2010 > 40th Member Canada-United States Inter-Parliamentary Group March > 17, 2010 March 31, 2010 > 40th Member Canada-Europe Parliamentary Association May 19, 2009 > March 31, 2010 > 40th Member Canadian Branch of the Commonwealth Parliamentary > Association May 19, 2009 March 31, 2010 > 40th Member Canadian Delegation to the Organization for Security and > Co-operation in Europe Parliamentary Assembly May 19, 2009 March 31, > 2010 > 40th Member Canada-United Kingdom Inter-Parliamentary Association > March 3, 2009 March 31, 2009 > 40th Member Canada-Israel Interparliamentary Group March 1, 2009 > March 31, 2009 > 40th Member Canada-United States Inter-Parliamentary Group May 27, > 2008 March 31, 2009 > 40th Member Canadian Branch of the Commonwealth Parliamentary > Association May 7, 2008 March 31, 2009 > 40th Member Canada-Europe Parliamentary Association April 1, 2008 > March 31, 2009 > 39th Member Canada-Japan Inter-Parliamentary Group November 29, > 2007 March 31, 2008 > 39th Member Canada-Europe Parliamentary Association October 29, > 2007 March 31, 2008 > 39th Member Canada-Japan Inter-Parliamentary Group June 6, 2006 > March 31, 2007 > 39th Member Canada-Europe Parliamentary Association May 11, 2006 > March 31, 2007 > 39th Member Canadian NATO Parliamentary Association May 11, 2006 > March 31, 2007 > 39th Member Canadian Branch of the Commonwealth Parliamentary > Association May 11, 2006 March 31, 2007 > 39th Member Canada-United States Inter-Parliamentary Group May 11, > 2006 March 31, 2007 > 39th Member Canada-Germany Interparliamentary Group May 3, 2006 > March 31, 2007 > 38th Member Canada-Europe Parliamentary Association June 2, 2005 > March 31, 2006 > 38th Member Canadian NATO Parliamentary Association June 2, 2005 > March 31, 2006 > 38th Member Canada-United States Inter-Parliamentary Group November > 24, 2004 March 31, 2005 > 38th Member Canada-Europe Parliamentary Association October 20, > 2004 March 31, 2005 > 38th Member Canadian Branch of the Commonwealth Parliamentary > Association October 20, 2004 March 31, 2005 > Election Candidate > Date Election Type Constituency Province / Territory Result > October 19, 2015 General Election York—Simcoe Ontario Re-Elected > May 2, 2011 General Election York—Simcoe Ontario Re-Elected > October 14, 2008 General Election York—Simcoe Ontario Re-Elected > January 23, 2006 General Election York—Simcoe Ontario Re-Elected > June 28, 2004 General Election York—Simcoe Ontario Elected > | |
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