Automatic reply: Matter 529 - NB Power Rate Design Even more Interesting news from CBC I updated my blog with a lot more info for rather obvious reasons
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Ontario NDP<info@ontariondp.ca> | Fri, Apr 14, 2023 at 12:04 AM |
| To: David Amos <david.raymond.amos333@gmail.com> | |
(le français suit)
Hello;
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For updates on the actions of the ONDP Caucus at Queen’s Park please visit
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For media inquiries, please contact media@ndp.on.ca
As this is not a government office we do not have the capacity to address specific constituency concerns or casework. The most effective means of accessing information to address your specific situation that is both current and accurate is through the local offices of your Federal or Provincial elected Member of Parliament.
To
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We are hoping that the information provided above will help address your concerns and allow you to take immediate steps to access support.
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The Ontario NDP Team
Bonjour, Nous vous remercions de nous avoir fait parvenir un courriel. Nous nous efforçons de répondre à toutes les préoccupations le plus rapidement possible. La correspondance portant sur l’adhésion, les reçus d’impôt, les dons et autres questions d’ordre administratif est transmise quotidiennement aux services internes pertinents. La correspondance adressée à cheffe des néo-démocrates de l’Ontario, ou celle portant sur des questions de politique générale sont transmises quotidiennement à Queen’s Park. En raison du volume reçu, la réponse peut tarder. Mais, nous tenons à vous assurer que vos préoccupations sont entendues et que le NPD de l'Ontario et notre Caucus de l'Opposition font tout ce qui est en leur pouvoir pour assurer le bien-être de tous(toutes) les Ontarien(ne)s en ce moment. Pour obtenir des mises à jour sur les actions du Caucus du NPDO à Queen’s Park veuillez
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Re: Matter 529 - NB Power Rate Design Even more Interesting news from CBC I updated my blog with a lot more info for rather obvious reasons
David Amos<david.raymond.amos333@gmail.com> | Fri, Apr 14, 2023 at 12:04 AM |
| To: "Holland, Mike (LEG)" <mike.holland@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>, "Abigail J. Herrington" <Aherrington@lawsoncreamer.com>, "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, "Williams, Richard (OAG/CPG)" <Richard.Williams@gnb.ca>, "ceo@fermenbfarm.ca" <ceo@fermenbfarm.ca>, "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "Ron.marcolin@cme-mec.ca" <Ron.marcolin@cme-mec.ca>, "Sollows, David (DNRED/MRNDE)" <David.Sollows@gnb.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>, "pbowman@bowmaneconomics.ca" <pbowman@bowmaneconomics.ca>, "brudderham@stewartmckelvey.com" <brudderham@stewartmckelvey.com>, "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>, "jpetrie@nbpower.com" <jpetrie@nbpower.com>, "NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>, "lgordon@nbpower.com" <lgordon@nbpower.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "George.Porter@nbpower.com" <George.Porter@nbpower.com>, "bcrawford@nbpower.com" <bcrawford@nbpower.com>, Veronique Otis <Veronique.Otis@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "bhavumaki@synapse-energy.com" <bhavumaki@synapse-energy.com>, "mwhited@synapse-energy.com" <mwhited@synapse-energy.com>, "prhodes@synapse-energy.com" <prhodes@synapse-energy.com>, "alawton@synapse-energy.com" <alawton@synapse-energy.com>, "jwilson@resourceinsight.com" <jwilson@resourceinsight.com>, "pchernick@resourceinsight.com" <pchernick@resourceinsight.com>, Melissa Curran <Melissa.Curran@nbeub.ca>, "rdk@indecon.com" <rdk@indecon.com>, "tammy.grieve@mcinnescooper.com" <tammy.grieve@mcinnescooper.com>, "paul.black@twinriverspaper.com" <paul.black@twinriverspaper.com>, Len Hoyt <Len.Hoyt@mcinnescooper.com>, "tyler.rajeski@twinriverspaper.com" <tyler.rajeski@twinriverspaper.com>, "darcy.ouellette@twinriverspaper.com" <darcy.ouellette@twinriverspaper.com>, "dan.murphy@umnb.ca" <dan.murphy@umnb.ca>, "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>, "ryan.mitchell@sjenergy.com" <ryan.mitchell@sjenergy.com>, "sstoll@stollprofcorp.com" <sstoll@stollprofcorp.com>, "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com> | |
| Cc: premier <premier@ontario.ca>, info@ontariondp.ca, peter.tabuns@ontariondp.ca, tabunsp-co@ndp.on.ca, Alain.Chiasson2@gnb.ca, jesse <jesse@viafoura.com>, "Mark.Blakely" <Mark.Blakely@rcmp-grc.gc.ca>, "Michael.Duheme" <Michael.Duheme@rcmp-grc.gc.ca>, "martin.gaudet" <martin.gaudet@fredericton.ca> | |
Wednesday, 12 April 2023 Ontario NDP opposition questions utility's interest in 'money-losing' Point Lepreau | |
Ontario NDP opposition questions utility's interest in 'money-losing' Point Lepreau
Energy critic says Ford government should block any deal to shift nuclear plan debt, risk to Ontario
NDP energy critic Peter Tabuns says the Doug Ford government should provide "clear assurance" that it would veto any deal that transfers any financial liability for Point Lepreau to Ontario Power Generation.
"We already have very expensive electricity in Ontario," Tabuns said in an interview.
"The idea that we would take on debt for someone else's generation problems just doesn't make any sense to me."
N.B.
Power CEO Lori Clark said the Crown corporation is looking at options
for how the Ontario utility might be able to help run Lepreau better. (Jacques Poitras/CBC)
N.B. Power confirmed that negotiations with Ontario Power could lead to the company taking an equity stake — partial ownership — in Point Lepreau, though it said that's only one of several options.
Tabuns raised the issue in the Ontario legislature last week.
"We need to focus on Ontario and its needs, not on problem plants in other provinces," he said during question period.
Ontario Energy Minister Todd Smith responded that the Progressive Conservative government would "wait and see what happens" in the negotiations.
"Any deal will be in the best interest of Ontario ratepayers," Smith said. "You can take that to the bank."
N.B. Power CEO Lori Clark told CBC News last week the Crown corporation is looking at a range of options for how the Ontario utility might be able to help run Lepreau better.
She said one of them could be "a separate entity" co-owned by the two utilities to manage the plant, allowing them to share profits and financial risk.
As of January, Point Lepreau had achieved only 55 per cent capacity for 2022-23, according to filings to the utilities board. (Shane Fowler/CBC)
The Point Lepreau plant has had a series of problems since a $2.4-billion refurbishment wrapped up in 2012 that increased the utility's debt.
As of January, the plant had achieved only 55 per cent capacity for 2022-23, according to N.B. Power's filings with the Energy and Utilities Board.
That includes a 35-day outage that began Dec. 15 and stretched into January, wiping out all of the utility's projected profit for this year.
Ontario Power Generation has a large fleet of nuclear reactors, giving it more experience dealing with shutdowns, Premier Blaine Higgs said last month.
But Tabuns questioned why the Ontario utility would want to have any responsibility for what he called a money-losing plant.
Smith responded in the legislature by accusing the Ontario NDP of opposing the development of small modular nuclear reactors.
Premier Blaine Higgs has said Ontario Power has more experience dealing with shutdowns. (Ed Hunter/CBC)
In the question period exchange, Tabuns quoted N.B. Power saying that "all possible options" were on the table for Point Lepreau. The New Brunswick utility later clarified that it would not sell the power plant as a whole to Ontario Power Generation.
"You can own an awful lot of plant short of 100 per cent and still take on big liability," Tabuns said Wednesday.
"The idea of going into a joint venture in which Ontario Power Generation may be financially liable is not appealing either. I don't see why we should take on any liability in this case."
Ontario is already spending billions of dollars subsidizing power rates because of a series of costly construction projects approved under a previous Liberal government, he said.
Tabuns said he plans to continue questioning the Ford government about a possible OPG-Lepreau agreement when the legislature returns next week.
17 Comments
Do you bother to read before posting your nonsense?
Automatic reply: Matter 529 - NB Power Rate Design Even more Interesting news from CBC
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Premier of Ontario | Premier ministre de l’Ontario<Premier@ontario.ca> | Wed, Apr 12, 2023 at 2:53 PM |
| To: David Amos <david.raymond.amos333@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. There may be occasions when, given the issues you have raised and the need to address them effectively, we will forward a copy of your correspondence to the appropriate government official. Accordingly, a response may take several business days. Thanks again for your email. ______ 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. Dans certains cas, nous transmettrons votre message au ministère responsable afin que les questions soulevées puissent être traitées de la manière la plus efficace possible. En conséquence, plusieurs jours ouvrables pourraient s’écouler avant que nous puissions vous répondre. Merci encore pour votre courriel.
| |
Re: Matter 529 - NB Power Rate Design Even more Interesting news from CBC
David Amos<david.raymond.amos333@gmail.com> |  Wed, Apr 12, 2023 at 2:57 PM | ||||||||||||||||||||||||||
| To: tabunsp-co@ndp.on.ca | |||||||||||||||||||||||||||
| Cc: "blaine.higgs" <blaine.higgs@gnb.ca> | |||||||||||||||||||||||||||
Queen’s Park: Room 465 Main Legislative Building, Queen’s Park Toronto, Ontario M7A 1A5 Phone: 416-325-3250 Constituency Office: 923 Danforth Avenue Toronto, Ontario M4J 1L8 Phone: 416-461-0223 | Fax: 416-461-9542 Email: tabunsp-co@ndp.on.ca ---------- Forwarded message ---------- From: David Amos <david.raymond.amos333@gmail. Date: Wed, 12 Apr 2023 14:52:46 -0300 Subject: Re: Matter 529 - NB Power Rate Design Even more Interesting news from CBC To: "Holland, Mike (LEG)" <mike.holland@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>, "Abigail J. Herrington" <Aherrington@lawsoncreamer.com <Kathleen.Mitchell@nbeub.ca>, "Williams, Richard (OAG/CPG)" <Richard.Williams@gnb.ca>, "ceo@fermenbfarm.ca" <ceo@fermenbfarm.ca>, "louis-philippe.gauthier@cfib. "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "Ron.marcolin@cme-mec.ca" <Ron.marcolin@cme-mec.ca>, "Sollows, David (DNRED/MRNDE)" <David.Sollows@gnb.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. <pbowman@bowmaneconomics.ca>, "brudderham@stewartmckelvey. <brudderham@stewartmckelvey. <JohnFurey@fureylegal.com>, "jpetrie@nbpower.com" <jpetrie@nbpower.com>, "NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>, "lgordon@nbpower.com" <lgordon@nbpower.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "George.Porter@nbpower.com" <George.Porter@nbpower.com>, "bcrawford@nbpower.com" <bcrawford@nbpower.com>, Veronique Otis <Veronique.Otis@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "bhavumaki@synapse-energy.com" <bhavumaki@synapse-energy.com> <mwhited@synapse-energy.com>, "prhodes@synapse-energy.com" <prhodes@synapse-energy.com>, "alawton@synapse-energy.com" <alawton@synapse-energy.com>, "jwilson@resourceinsight.com" <jwilson@resourceinsight.com>, "pchernick@resourceinsight.com <pchernick@resourceinsight.com <Melissa.Curran@nbeub.ca>, "rdk@indecon.com" <rdk@indecon.com>, "tammy.grieve@mcinnescooper. "paul.black@twinriverspaper. Hoyt <Len.Hoyt@mcinnescooper.com>, "tyler.rajeski@ <tyler.rajeski@ "darcy.ouellette@ <darcy.ouellette@ <dan.murphy@umnb.ca>, "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>, "ryan.mitchell@sjenergy.com" <ryan.mitchell@sjenergy.com>, "sstoll@stollprofcorp.com" <sstoll@stollprofcorp.com>, "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com> Cc: premier <premier@ontario.ca>, info@ontariondp.ca, peter.tabuns@ontariondp.ca https://www.cbc.ca/news/ Ontario NDP opposition questions utility's interest in 'money-losing' Point Lepreau Social Sharing Energy critic says Ford government should block any deal to shift nuclear plan debt, risk to Ontario CBC News · Posted: Apr 12, 2023 2:10 PM ADT | Last Updated: 27 minutes ago A man with white hair and glasses in a suit stands in front of flags in a room. NDP energy critic Peter Tabuns said taking on debt 'for someone else's generation problems just doesn't make any sense.' (Chris Young/The Canadian Press) The NDP opposition in Ontario says the provincial government there should block any agreement to have its Crown power utility share any debt or financial risk from New Brunswick's Point Lepreau nuclear power plant. NDP energy critic Peter Tabuns says the Doug Ford government should provide "clear assurance" that it would veto any deal that transfers any financial liability for Point Lepreau to Ontario Power Generation. "We already have very expensive electricity in Ontario," Tabuns said in an interview. "The idea that we would take on debt for someone else's generation problems just doesn't make any sense to me." A woman wears a black turtleneck and grey sweater, and smiles directly at the camera. N.B. Power CEO Lori Clark said the Crown corporation is looking at options for how the Ontario utility might be able to help run Lepreau better. (Jacques Poitras/CBC) N.B. Power confirmed that negotiations with Ontario Power could lead to the company taking an equity stake — partial ownership — in Point Lepreau, though it said that's only one of several options. Tabuns raised the issue in the Ontario legislature last week. "We need to focus on Ontario and its needs, not on problem plants in other provinces," he said during question period. Ontario Energy Minister Todd Smith responded that the Progressive Conservative government would "wait and see what happens" in the negotiations. "Any deal will be in the best interest of Ontario ratepayers," Smith said. "You can take that to the bank." N.B. Power CEO Lori Clark told CBC News last week the Crown corporation is looking at a range of options for how the Ontario utility might be able to help run Lepreau better. She said one of them could be "a separate entity" co-owned by the two utilities to manage the plant, allowing them to share profits and financial risk. A picture taken from the air of a nuclear power plant on the edge of the land next to the Bay of Fundy. As of January, Point Lepreau had achieved only 55 per cent capacity for 2022-23, according to filings to the utilities board. (Shane Fowler/CBC) The Point Lepreau plant has had a series of problems since a $2.4-billion refurbishment wrapped up in 2012 that increased the utility's debt. As of January, the plant had achieved only 55 per cent capacity for 2022-23, according to N.B. Power's filings with the Energy and Utilities Board. N.B. Power CEO says it's too early to commit to EUB oversight of Lepreau deal Ontario utility could become partial owner of Point Lepreau nuclear plant That includes a 35-day outage that began Dec. 15 and stretched into January, wiping out all of the utility's projected profit for this year. Ontario Power Generation has a large fleet of nuclear reactors, giving it more experience dealing with shutdowns, Premier Blaine Higgs said last month. But Tabuns questioned why the Ontario utility would want to have any responsibility for what he called a money-losing plant. Smith responded in the legislature by accusing the Ontario NDP of opposing the development of small modular nuclear reactors. A man in a blue suit standing in a hallway with paintings on the walls. There are two handheld microphones in front of him. Premier Blaine Higgs has said Ontario Power has more experience dealing with shutdowns. (Ed Hunter/CBC) In the question period exchange, Tabuns quoted N.B. Power saying that "all possible options" were on the table for Point Lepreau. The New Brunswick utility later clarified that it would not sell the power plant as a whole to Ontario Power Generation. "You can own an awful lot of plant short of 100 per cent and still take on big liability," Tabuns said Wednesday. Premier says potential Lepreau sale 'shouldn't be a public debate' N.B. Power VP's salary closer to $1.3M, utility acknowledges "The idea of going into a joint venture in which Ontario Power Generation may be financially liable is not appealing either. I don't see why we should take on any liability in this case." Ontario is already spending billions of dollars subsidizing power rates because of a series of costly construction projects approved under a previous Liberal government, he said. Tabuns said he plans to continue questioning the Ford government about a possible OPG-Lepreau agreement when the legislature returns next week. CBC's Journalistic Standards and Practices 1 Comment David Amos Surprise Surprise Surprise Contact 647.344.1338 peter.tabuns@ontariondp.ca ---------- Forwarded message ---------- From: NBP Regulatory <NBPRegulatory@nbpower.com> Date: Thu, 6 Apr 2023 14:26:14 +0000 Subject: Matter 0529 - NB Power 2022 Rate Design Application - Responses to Interrogatories (Round 2) To: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, "general@nbeub.ca" <general@nbeub.ca>, "ceo@fermenbfarm.ca" <ceo@fermenbfarm.ca>, "louis-philippe.gauthier@cfib. <louis-philippe.gauthier@cfib. <frederic.gionet@cfib.ca>, "Ron.marcolin@cme-mec.ca" <Ron.marcolin@cme-mec.ca>, "David.Raymond.Amos333@gmail. <David.Raymond.Amos333@gmail. <david.sollows@gnb.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. <pbowman@bowmaneconomics.ca>, "brudderham@stewartmckelvey. <brudderham@stewartmckelvey. <JohnFurey@fureylegal.com>, "Petrie, Jamie" <JPetrie@nbpower.com>, "Murphy, Darren" <DaMurphy@nbpower.com>, NBP Regulatory <NBPRegulatory@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>, "Waycott, Stephen" <SWaycott@nbpower.com>, "Porter, George" <George.Porter@nbpower.com>, "Gibson, Kevin" <KevGibson@nbpower.com>, Veronique Otis <Veronique.Otis@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com <Aherrington@lawsoncreamer.com "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "bhavumaki@synapse-energy.com" <bhavumaki@synapse-energy.com> "mwhited@synapse-energy.com" <mwhited@synapse-energy.com>, "prhodes@synapse-energy.com" <prhodes@synapse-energy.com>, "alawton@synapse-energy.com" <alawton@synapse-energy.com>, "jwilson@resourceinsight.com" <jwilson@resourceinsight.com>, "pchernick@resourceinsight.com Melissa Curran <Melissa.Curran@nbeub.ca>, "richard.williams@gnb.ca" <richard.williams@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>, "tammy.grieve@mcinnescooper. "paul.black@twinriverspaper. "Hoyt, Len" <len.hoyt@mcinnescooper.com>, "tyler.rajeski@ <tyler.rajeski@ "darcy.ouellette@ <darcy.ouellette@ <dan.murphy@umnb.ca>, "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>, "ryan.mitchell@sjenergy.com" <ryan.mitchell@sjenergy.com>, "sstoll@stollprofcorp.com" <sstoll@stollprofcorp.com>, "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com> Good morning, NB Power has transferred its 2022 Rate Design Application (Round 2) interrogatory responses to the New Brunswick Energy and Utilities Board's secure FTP site, in accordance with the approved schedule for this Matter. In addition to the documents transferred via FTP, please find the following documents attached to this email: 1. IR responses (Round 2) for each of Board staff, Public Intervener, David Amos, J.D. Irving Limited, and Utilities Municipal 2. Master List of Filing Documents In order to access the filed documents please visit the following site using the log-in information provided below: FTP site: https://dtfiledrop.cirrus9. Account: Intervener5 Password: xxxxxxxxx Per normal practice, responses containing information over which NB Power is claiming confidentiality have been uploaded to a separate FTP site. All confidential documents are classified as Confidential Restricted. If you have any questions, please do not hesitate to respond to this email. Kind regards, [cid:image001.png@01D96876. Laura Gordon (She/Her) Analyst II, Corporate Regulatory Affairs| Analyste II, affaires réglementaires d'entreprise T: 506.458.4959 C: 506.429.8556 nbpower.com | energienb.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. 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Matter No. 529
NEW BRUNSWICK ENERGY AND UTILITIES BOARD
INTERROGATORY RESPONSES (ROUND 2)
(Rule 4.2)
In Relation to an Application by:New Brunswick Power Corporation (“NB Power”)
In Accordance with:
Matter 529 – NB Power Rate Design
RESPONDING TO:David Raymond Amos (“Amos”)
FROM:New Brunswick Power Corporation (“NBP”)
NBP (Amos) IR-1 April 6, 2023
Reference:
None
Question:
Whereas NB Power filed
NBPO1.47 (pages 56 though to 62 in particular)
and
NBPO1.49 (pages 51 though to 118 in particular)
Hence NB Power must know who the auditors working for KPMG were and how much did they billed NB Power for their work. So I am asking who are they and how much did they charge?
Response:
The exhibits referenced in the question are from Matter 541- NB Power 2023/24 General Rate Application. The information requested is not relevant to the present matter, being Matter 529 - NB Power Rate Design.
2
NBP (Amos) IR-2 April 6, 2023
Reference:
https://www.nbpower.com/en/about-us/news-media-centre/news/2022/nb-power-announces-leadership-changes-and-corporate-transformation/
NB Power Announces Leadership Changes and Corporate Transformation
2022-07-04
FREDERICTON, N.B. – The New Brunswick Power Corporation Board of Directors today announced that President and CEO Keith Cronkhite is stepping down from his role and Lori Clark, Senior Vice President Operations, has been appointed Acting President and CEO.
“Keith is a high-calibre executive with a long track record of leadership within NB Power and we are grateful for his service, including his steady hand during the pandemic and his recent stewardship to modernize the Electricity Act,” says Chair of the Board of Directors, Charles V. Firlotte. “However, as we look to the future we are facing unprecedented challenges with a global energy crisis that is adding more cost pressure and exacerbating already excessive debt levels; pressing federal regulations for the phasing out of fossil fuels; and a need to support New Brunswickers with the rapid adoption of greener energy solutions. As such, the Board has concluded we must embark on a significant transformation of the organization.
”The Board has retained Price Waterhouse Canada to lead a strategic review which will include identifying immediate ways to optimize the current cost structure and meet debt obligations, as well as identifying alternative solutions to meet New Brunswickers’ power needs in a cost competitive, reliable and environmentally sustainable way.
The Board is initiating an executive search for a President and CEO. This process is expected to take several months. As Acting President and CEO, Ms. Clark brings extensive experience leading key functions within NB Power including Controller, Vice President of Regulatory Affairs and Strategic Initiatives, and most recently Senior Vice President Operations. She is also a Chartered Professional Accountant who has studied nuclear technology at MIT and leadership at Wharton Business School.“
We are in good hands as we embark on this change, and I am confident Keith and Lori will ensure a seamless transition for our customers, employees and partners. As we enter this transformation phase there will be challenges and opportunities, particularly in light of the global landscape which is adding pressure for all New Brunswickers. The time is now for us to evolve, with urgency, to ensure that NB Power is able to deliver reasonable and competitive pricing, as well as clean energy for future generations,” says Mr. Firlotte.
3
NBP (Amos) IR-2 (cont’d)
April 6, 2023MEDIA CONTACT: Marc Belliveau, NB Power Communications, mbelliveau@nbpower.com, 506 458-4203
Question: Who are the people within Price Waterhouse Canada are advising NB Power and how much are they billing for their services?
Response:The information requested is not relevant to the present Matter.
Notwithstanding the above, as a courtesy NB Power would point out that the information requested can be found in Exhibits NBP15.02, NBP15.03, NBP15.04, and NBP15.05 in Matter 541- NB Power 2023/24 General Rate Application.4
#541 - NB Power GRA - IT Responses of the PI
David Amos<david.raymond.amos333@gmail.com> | Tue, Jan 31, 2023 at 6:03 PM |
| To: "Williams, Richard (OAG/CPG)" <Richard.Williams@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, "Holland, Mike (LEG)" <mike.holland@gnb.ca>, ltgov <ltgov@gnb.ca> | |
| Cc: "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "Sollows, David (DNRED/MRNDE)" <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>, "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.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>, "Mitchell, Kathleen" <Kathleen.Mitchell@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>, "rdk@indecon.com" <rdk@indecon.com>, "tyler.rajeski@twinriverspaper.com" <tyler.rajeski@twinriverspaper.com>, "darcy.ouellette@twinriverspaper.com" <darcy.ouellette@twinriverspaper.com>, Len Hoyt <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> | |
I asked you the question Correct? | |
Williams, Richard (OAG/CPG)<Richard.Williams@gnb.ca> | Tue, Jan 31, 2023 at 5:28 PM | ||||||||||||||||||
| To: "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>, "Sollows, David (DNRED/MRNDE)" <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>, "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.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>, "Mitchell, Kathleen" <Kathleen.Mitchell@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>, "Williams, Richard (OAG/CPG)" <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>, Len Hoyt <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> | |||||||||||||||||||
Good afternoon,
Please find attached the IR Responses of the PI.
Rick
Richard A. Williams, K.C./c.r. Acting Public Intervener for the Energy Sector / l’intervenant public dans le secteur énergétique par intérim Office of the Public Intervener / Bureau d’intervenant public
(506) 440-8915
Confidentiality Notice This message and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. It must not be forwarded unless permission has been received from the sender. Disclosure to anyone other than the intended recipient does not constitute a waiver of privilege. If you have received this message inadvertently, please notify the sender, delete the message and then delete your response. Thank you. Avis de confidentialité Ce message ainsi que tout fichier qui pourrait l’accompagner sont confidentiels et destinés uniquement à l'usage de la personne ou de l'entité à laquelle ils sont adressés. Il ne doit pas être réacheminé sans la permission de l'expéditeur. La divulgation à toute personne autre que le destinataire prévu ne constitue pas une renonciation au privilège. Si vous avez reçu ce message par inadvertance, veuillez en informer l'expéditeur, supprimer le message, puis votre réponse. Merci.
| |||||||||||||||||||
Matter No. 541
NEW BRUNSWICK ENERGY AND UTILITIES BOARD
INTERROGATORY
(Rule 4.2)
In Relation to an Application by: New Brunswick Power Corporation
In Accordance with:
Section 103(1) of the Electricity Act, SNB 2013 c. E-7, to the New Brunswick Energy and Utilities Board (the "Board") for approval of the rates it proposes to charge for its services for each fiscal year.
TO: Public Intervener (PI)
FROM: David Raymond Amos
Responses provided by Robert D. Knecht
PI (David Raymond Amos) IR-1
Reference:
PI 1.01, page 33,
6 From a financial perspective, I note that understating depreciation expense is
7 somewhat less dangerous than understating cash operating expenses or even
8 capital expenditures, because depreciation expenses are not cash. If
9 depreciation expenses prove to be higher than those forecast, it will not affect
10 the Company’s cash flow or its interest coverage ratios. Nevertheless, incurring
11 write-offs for these plants would reduce the Company’s equity to capital ratio,
12 which would both increase the perception of the Company’s risk in the capital
13 markets and make it that much harder to achieve and maintain the 20 percent
14 equity to capital ratio mandated by the legislation and the government.
15 At a minimum, the Board should require NB Power to submit an external
16 evaluation of the service lives for all of its generation facilities in the next GRA.
17 Moreover, the Board should consider the potential understatement of
18 depreciation expense as part of its evaluation of the Company’s income
19 requirement.
Question:
I presume byway of your statements that you studied the exhibits of NB Power
NBPO1.47 (pages 56 though to 62 in particular)
and
NBPO1.49 (pages 51 though to 118 in particular)
Do you know who the auditors working for KPMG were and how much did they bill NB Power for their work?
Responses:
As part of my assignment, I reviewed the Company’s Annual Reports, but I did not study them in detail. Based on the references to those Annual Reports in the interrogatory, I have a few observations related to the substance of my evidence.
First, I observe that the referenced Annual Reports indicate that the “useful lives are reviewed annually, external studies are performed every five years and rates are updated as required.” The Annual Reports appear to indicate that these studies are prepared for all assets. Exhibit NBP 1.47 at 38 and NBP 1.49 at 32. I do not know (not being a chartered accountant) whether the KPMG auditors validate those policies as part of their audit responsibilities. Also, it has been my understanding that NB Power conducts an external review for Transmission and Distribution assets, but not generation, based on my interpretation of Exhibit NBP 7.03 pages 110 to 113.
I would add that Exhibit NBP 1.03 at Matter 458 (pages 93-94) recognized that uncertainties existed regarding the depreciable life for the coal-fired Belledune generating station, but that text did not reappear in Exhibit NBP 7.03 in the current proceeding.
The referenced Annual Reports also appear to indicate that an assessment of asset impairment is made by management, rather than by an external reviewer. See Exhibit NBP 1.47 at 69 and NBP 1.49 at 64, as well as NBP(NBEUB) IR-38(f). I also do not know whether the KPMG auditors validate that assessment.
I have no knowledge as to the identity of the specific individuals who participated in the KPMG audits.
Re: Matter 529 -I just called
Chiasson, Alain (OAG/CPG)<Alain.Chiasson2@gnb.ca> | Thu, Apr 13, 2023 at 3:46 PM |
| To: David Amos <david.raymond.amos333@gmail.com> | |
Hello Mr. Amos, My cellphone just died. It is being recharged. You can call me tomorrow if you wish to continue this conversation. Cheers, Alain Chiasson, Public Intervener -----Original Message----- From: David Amos <david.raymond.amos333@gmail. Sent: Thursday, April 13, 2023 3:21 PM To: Chiasson, Alain (OAG/CPG) <Alain.Chiasson2@gnb.ca> Subject: Re: Matter 529 -I just called On 4/13/23, Chiasson, Alain (OAG/CPG) <Alain.Chiasson2@gnb.ca> wrote: > Hello David, > > I can be reached at 506-xxx-xxxx if you wish to speak with me. > > Cheers, > > Alain Chiasson, Public Intervener > > -----Original Message----- > From: David Amos <david.raymond.amos333@gmail. > Sent: Thursday, April 13, 2023 2:52 PM > To: Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca> > Cc: Chiasson, Alain (OAG/CPG) <Alain.Chiasson2@gnb.ca>; > rdk@indecon.com; ceo@fermenbfarm.ca; louis-philippe.gauthier@cfib. > frederic.gionet@cfib.ca; Ron.marcolin@cme-mec.ca; Sollows, David > (DNRED/MRNDE) <David.Sollows@gnb.ca>; hanrahan.dion@jdirving.com; > nrubin@stewartmckelvey.com; coneil@stewartmckelvey.com; > lmclements@stewartmckelvey.com > brudderham@stewartmckelvey.com > jpetrie@nbpower.com; NBPRegulatory@nbpower.com; lgordon@nbpower.com; > SWaycott@nbpower.com; George.Porter@nbpower.com; > bcrawford@nbpower.com; Veronique Otis <Veronique.Otis@nbeub.ca>; > Young, Dave <Dave.Young@nbeub.ca>; Aherrington@lawsoncreamer.com; > Melissa Curran <Melissa.Curran@nbeub.ca>; > bhavumaki@synapse-energy.com; mwhited@synapse-energy.com; > prhodes@synapse-energy.com; alawton@synapse-energy.com; > jwilson@resourceinsight.com; pchernick@resourceinsight.com; > tammy.grieve@mcinnescooper.com > Hoyt <Len.Hoyt@mcinnescooper.com>; tyler.rajeski@twinriverspaper. > darcy.ouellette@ > jeff.garrett@sjenergy.com; shelley.wood@sjenergy.com; > dan.dionne@perth-andover.com; pierreroy@edmundston.ca; > ryan.mitchell@sjenergy.com; sstoll@stollprofcorp.com; > pzarnett@bdrenergy.com > Subject: Re: Matter 529 - NB Power Rate Design I did not receive a > notice of motion from the JDI lawyers or anyone else > > Perhaps Mr. Chiasson should call me > > On 4/13/23, Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca> wrote: >> Good morning Mr. Chiasson, >> >> The motion tomorrow and the motion on Tuesday are both scheduled to >> begin at >> 9:30 a.m. Both motions will be held via Zoom. The links will be >> circulated prior to both motions. >> >> >> Kathleen Mitchell >> Chief Clerk / Greffière en chef >> (506) 658-2504 (General/Général) >> (506) 643-7324 (Direct/Directe) >> [Text Description automatically generated] Confidentiality Notice >> This message and any files transmitted with it are confidential and >> intended solely for the use of the individual or entity to whom they >> are addressed. >> It must not be forwarded unless permission has been received from the >> sender. Disclosure to anyone other than the intended recipient does >> not constitute a waiver of privilege. If you have received this >> message inadvertently, please notify the sender, delete the message >> and then delete your response. Thank you. >> Avis de confidentialité >> Ce message ainsi que tout fichier qui pourrait l’accompagner sont >> confidentiels et destinés uniquement à l'usage de la personne ou de >> l'entité à laquelle ils sont adressés. Il ne doit pas être réacheminé >> sans la permission de l'expéditeur. La divulgation à toute personne >> autre que le destinataire prévu ne constitue pas une renonciation au >> privilège. Si vous avez reçu ce message par inadvertance, veuillez en >> informer l'expéditeur, supprimer le message, puis votre réponse. Merci. >> >> >> From: Chiasson, Alain (OAG/CPG) <Alain.Chiasson2@gnb.ca> >> Sent: Thursday, April 13, 2023 9:33 AM >> To: David Amos <david.raymond.amos333@gmail. >> <Kathleen.Mitchell@nbeub.ca>; rdk@indecon.com >> Cc: ceo@fermenbfarm.ca; louis-philippe.gauthier@cfib. >> frederic.gionet@cfib.ca; Ron.marcolin@cme-mec.ca; Sollows, David >> (DNRED/MRNDE) <David.Sollows@gnb.ca>; hanrahan.dion@jdirving.com; >> nrubin@stewartmckelvey.com; coneil@stewartmckelvey.com; >> lmclements@stewartmckelvey.com >> brudderham@stewartmckelvey.com >> jpetrie@nbpower.com; NBPRegulatory@nbpower.com; lgordon@nbpower.com; >> SWaycott@nbpower.com; George.Porter@nbpower.com; >> bcrawford@nbpower.com; Veronique Otis <Veronique.Otis@nbeub.ca>; >> Young, Dave <Dave.Young@nbeub.ca>; Aherrington@lawsoncreamer.com; >> Melissa Curran <Melissa.Curran@nbeub.ca>; >> bhavumaki@synapse-energy.com; mwhited@synapse-energy.com; >> prhodes@synapse-energy.com; alawton@synapse-energy.com; >> jwilson@resourceinsight.com; pchernick@resourceinsight.com; >> rdk@indecon.com; tammy.grieve@mcinnescooper.com >> paul.black@twinriverspaper.com >> <len.hoyt@mcinnescooper.com>; tyler.rajeski@twinriverspaper. >> darcy.ouellette@ >> jeff.garrett@sjenergy.com; shelley.wood@sjenergy.com; >> dan.dionne@perth-andover.com; pierreroy@edmundston.ca; >> ryan.mitchell@sjenergy.com; sstoll@stollprofcorp.com; >> pzarnett@bdrenergy.com >> Subject: RE: Matter 529 - NB Power Rate Design I did not receive a >> notice of motion from the JDI lawyers or anyone else >> >> Hello, >> >> My name is Alain Chiasson and I am the new Public Intervener at the >> New Brunswick Energy and Utilities Board. I can be reached at >> alain.chiasson2@gnb.ca<mailto: >> >> I am available for discussion later today except between 1:30 pm to >> 3:pm this afternoon. I can make myself available for these motions >> tomorrow and on Tuesday, April 18, 2023 for the two motions. >> >> Can you please confirm the dates and times of the two motions please? >> >> Cheers, >> >> Alain Chiasson >> >> >> From: Alain Chiasson >> <jmachiasson@gmail.com<mailto: >> Sent: Thursday, April 13, 2023 8:15 AM >> To: Chiasson, Alain (OAG/CPG) >> <Alain.Chiasson2@gnb.ca< >> Subject: Fwd: Matter 529 - NB Power Rate Design I did not receive a >> notice of motion from the JDI lawyers or anyone else >> >> >> ATTENTION! External email / courriel externe. >> | |
Matter 529 - NB Power Rate Design / Instance no 559 - Énergie NB - Établissement des tarifs
Williams, Richard (OAG/CPG)<Richard.Williams@gnb.ca> | Thu, Jul 21, 2022 at 1:09 PM |
| To: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>, "jpetrie@nbpower.com" <jpetrie@nbpower.com>, "NBPRegulatory (NBPRegulatory@nbpower.com)" <NBPRegulatory@nbpower.com>, "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "David.Raymond.Amos333@gmail.com" <David.Raymond.Amos333@gmail.com>, "Sollows, David (DNRED/MRNDE)" <David.Sollows@gnb.ca>, "Gilles.volpe@libertyutilities.com" <Gilles.volpe@libertyutilities.com>, "dave.lavigne@libertyutilities.com" <dave.lavigne@libertyutilities.com>, Len Hoyt <Len.Hoyt@mcinnescooper.com>, "jeffery.callaghan@mcinnescooper.com" <jeffery.callaghan@mcinnescooper.com>, "rzarumba@ceadvisors.com" <rzarumba@ceadvisors.com>, "gerald@kissnb.com" <gerald@kissnb.com>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "bcrawford@nbpower.com" <bcrawford@nbpower.com>, "George.Porter@nbpower.com" <George.Porter@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Ahmad.Faruqui@brattle.com" <Ahmad.Faruqui@brattle.com>, "Cecile.Bourbonnais@brattle.com" <Cecile.Bourbonnais@brattle.com>, "rdk@indecon.com" <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>, "sussexsharingclub@nb.aibn.com" <sussexsharingclub@nb.aibn.com>, "margot.cragg@umnb.ca" <margot.cragg@umnb.ca>, "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>, "leducjr@nb.sympatico.ca" <leducjr@nb.sympatico.ca> | |
| Cc: NBEUB/CESPNB <general@nbeub.ca> | |
Good afternoon,
The Public Intervener will be participating in this matter.
Richard A. Williams, Q.C. Public Intervener for the Energy Sector / l’intervenant public dans le secteur énergétique Office of the Public Intervener / Bureau d’intervenant public
(506) 440-8915 | |
Mitchell, Kathleen<Kathleen.Mitchell@nbeub.ca> | Fri, Jul 15, 2022 at 4:05 PM | ||||||||||||||||||
| To: "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>, "jpetrie@nbpower.com" <jpetrie@nbpower.com>, "NBPRegulatory (NBPRegulatory@nbpower.com)" <NBPRegulatory@nbpower.com>, "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "David.Raymond.Amos333@gmail.com" <David.Raymond.Amos333@gmail.com>, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "Gilles.volpe@libertyutilities.com" <Gilles.volpe@libertyutilities.com>, "dave.lavigne@libertyutilities.com" <dave.lavigne@libertyutilities.com>, "Hoyt, Len" <len.hoyt@mcinnescooper.com>, "jeffery.callaghan@mcinnescooper.com" <jeffery.callaghan@mcinnescooper.com>, "rzarumba@ceadvisors.com" <rzarumba@ceadvisors.com>, "gerald@kissnb.com" <gerald@kissnb.com>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "bcrawford@nbpower.com" <bcrawford@nbpower.com>, "George.Porter@nbpower.com" <George.Porter@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, "Ahmad.Faruqui@brattle.com" <Ahmad.Faruqui@brattle.com>, "Cecile.Bourbonnais@brattle.com" <Cecile.Bourbonnais@brattle.com>, "rdk@indecon.com" <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>, "sussexsharingclub@nb.aibn.com" <sussexsharingclub@nb.aibn.com>, "margot.cragg@umnb.ca" <margot.cragg@umnb.ca>, "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>, "leducjr@nb.sympatico.ca" <leducjr@nb.sympatico.ca>, "richard.williams@gnb.ca" <richard.williams@gnb.ca> | |||||||||||||||||||
Good afternoon
Please find attached an Order and Notice in connection with the above-noted matter.
* * *
Bonjour,
S'il vous plait, trouvez ci-joint une ordonnance et un avis ayant trait à l'instance susmentionnée.
Kathleen Mitchell Chief Clerk / Greffière en chef (506) 658-2504 (General/Général) (506) 643-7324 (Direct/Directe) Confidentiality Notice This message and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. It must not be forwarded unless permission has been received from the sender. Disclosure to anyone other than the intended recipient does not constitute a waiver of privilege. If you have received this message inadvertently, please notify the sender, delete the message and then delete your response. Thank you. Avis de confidentialité Ce message ainsi que tout fichier qui pourrait l’accompagner sont confidentiels et destinés uniquement à l'usage de la personne ou de l'entité à laquelle ils sont adressés. Il ne doit pas être réacheminé sans la permission de l'expéditeur. La divulgation à toute personne autre que le destinataire prévu ne constitue pas une renonciation au privilège. Si vous avez reçu ce message par inadvertance, veuillez en informer l'expéditeur, supprimer le message, puis votre réponse. Merci.
| |||||||||||||||||||
0529 New Brunswick Power Corporation RATE DESIGN NOTICE
The New Brunswick Power Corporation (NB Power) has applied to the New
Brunswick Energy and Utilities Board (Board) on June 28, 2022
(Application) for the following:
(1) An Order approving in concept the proposed classification of
commercial and industrial customers into small, medium, large, and
transmission-connected classes;
(2) An Order approving NB Power's proposal to eliminate the GS II rate
class by first improving revenue to cost ratios for existing
commercial and industrial customers, and then implementing new rate
classes as set out in section 3.3 of the Evidence;
(3) An Order approving in concept NB Power's proposal to allow farms,
places of worship, and certain charities (i.e., charities providing a
social service role with regard to poverty) with small loads (less
than 60,000 kWh per year and less than 20 kW) to access residential
rates in the future;
(4) An Order approving in concept NB Power's proposal to allow all
Premises with Lodging that have small loads (less than 60,000 kWh per
year and less than 20 kW), as well as those that have mid-sized loads
(less than 150,000 kWh per year and less than 50 kW) in which
charitable lodging is provided by a registered charity, to access
residential rates in the future;
(5) An Order approving in concept NB Power's proposal for the
sequencing and approximate timing of rate design activities as set out
in section 3.6 of the Evidence;
(6) An Order approving NB Power's proposal that products and services
deemed to be in markets with sufficient competitive characteristics
become regulated as a portfolio of Customer Energy Solutions as set
out in section 4.1 of the Evidence;
(7) An Order approving NB Power's proposal that water heating, area
lighting and SureConnect offerings be included in the proposed
portfolio of Customer Energy Solutions;
(8) An Order approving NB Power's proposal to continue using revenue
to cost ratios and to use differential rate guidelines for street
lighting rental services and unmetered services;
(9) An Order approving NB Power's proposed CCAS methodology changes to
Street Lights and Unmetered Rate Classes as set out in section 4.4.2
of the Evidence;
(10) An Order approving NB Power's proposed CCAS format changes
related to Customer Energy Solutions as set out in section 4.4.3 of
the Evidence;
(11) An Order approving NB Power's proposed method of calculating
rates for a Net Zero Rate as set out in section 5.2.4 of the Evidence;
(12) An Order requiring the issue of public electric vehicle ("EV")
charging and fleet EV charging be addressed for resolution in Phase 2
(as proposed in section 5.2.5 of the Evidence) with mitigation of
unnecessary or unjustified barriers in rate design as an objective;
(13) An Order requiring the issue of modernizing NB Power's net
metering program be addressed for resolution in Phase 2;
(14) An Order requiring the issues of EV residential charging, EV
general service charging, and large scale self-generation be addressed
for resolution in Phase 2;
(15) An Order requiring NB Power to submit a detailed proposal in
Phase 2 for an efficient and predictable process by which NB Power can
seek approval for special-purpose rate designs and rates for a
demonstration project, pilot, or soft launch, as required, to
undertake rate design learning;
(16) An Order approving NB Power's practice of using the current rate
of $15.00 for Non-Sufficient Funds Charge until such time as that rate
is no longer reasonable;
(17) An Order approving NB Power's practice of using the current rate
for calculating Late Payment Charges until such time as that rate is
no longer reasonable;
(18) An Order approving NB Power's practice of not applying general
rate increases to EV charging rates and allowing NB Power to set EV
charging rates so as to be comparable to other EV charging rates in
the region;
(19) An Order directing NB Power to use the rate design roadmap as
proposed in the Evidence as a guide in the filing of future rate
design applications;
(20) Directions with respect to the schedule for the full hearing of
this Application, and any other preliminary or procedural matters; and
(21) Such other Orders and/or directions with respect to any other
matters or future proceedings as the Board sees fit.
The Board adjourned the pre-hearing in this Matter while NB Power
conducted their Public Information and Stakeholder Engagement program.
The Board will resume the Pre-Hearing Conference for this Matter via
Zoom Video Conference on Wednesday, November 9, 2022 at 1:30 p.m.
Interested parties may attend and make representations about the
procedure to be followed and any other relevant matters.
Parties who intend to intervene should register by visiting the Rules
of Procedure section of the Board’s website at www.nbeub.ca and
complete the “Intervener Request” form, specifying Matter No. 529. The
form should be completed and filed with the Board no later than
Friday, November 4 at 4 p.m., at general@nbeub.ca. Parties are to
indicate the official language in which they wish to be heard.
0541 NB Power 2023/24 General Rate Application
Proposed Filing Schedule – NB Power 2023/24 General Rate Application
Horaire de dépôt propose – Énergie NB Demande générale de tarifs pour 2023/24
Matter No. - Numéro d'instance – TBD
Event / Activité
Date
File Evidence
Déposer la preuve
Wednesday, October 5, 2022
Mercredi 5 octobre 2022
Pre-Hearing Conference - 9:30 a.m.
Conférence préalable à l’audience – 9 h 30
Tuesday, November 1, 2022
Mardi 1 novembre 2022
Interrogatories to Applicant - 12:00 p.m.
Demandes de renseignements à la demanderesse – 12 h 00
Wednesday, November 16, 2022
Mercredi 16 novembre 2022
Interrogatory responses - 12:00 p.m.
Réponses aux demandes de renseignements – 12 h 00
Tuesday, December 6, 2022
Mardi 6 décembre 2022
Notice of Motion - 12:00 pm
Avis de motion – 12 h 00
Wednesday, December 7, 2022
Mercredi 7 décembre 2022
ADR on Motion - Zoom - 9:30 a.m.
REC sur la motion – Zoom – 9 h 30
Friday, December 9, 2022
Vendredi 9 décembre 2022
Motions Day - Zoom - 9:30 a.m.
Jour d’audience des motions – Zoom – 9 h 30
Friday, December 9, 2022
Vendredi 9 décembre 2022
Additional Responses arising from Motions Day - 12:00 p.m.
Réponses additionnelles suivant le jour des motions – 12 h 00
Tuesday, December 13, 2022
Mardi 13 décembre 2022
Intervener Evidence filed - 12:00 p.m.
Dépôt de la preuve des intervenants – 12 h 00
Thursday, December 15, 2022
Jeudi 15 décembre 2022
Interrogatories on Intervener Evidence - 12:00 p.m.
Demandes de renseignements – preuve des intervenants – 9 h 30
Thursday, December 22, 2022
Jeudi 22 décembre 2022
Interrogatory responses - 12:00 p.m.
Réponses aux demandes de renseignements – preuve des intervenants - 12 h 00
Thursday, January 12, 2023
Jeudi 12 janvier 2023
Notice of Motion - 12:00 pm
Avis de motion – 12 h 00
Monday, January 16, 2023
Lundi 16 janvier 2023
ADR on Motion - Zoom - 9:30 a.m.
REC sur la motion – Zoom – 9 h 30
Wednesday, January 18, 2023
Mercredi 18 janvier 2023
Motions Day - Zoom - 9:30 a.m.
Jour d’audience des motions – Zoom – 9 h 30
Wednesday, January 18, 2023
Mercredi 18 janvier 2023
Additional Responses arising from Motions Day - 12:00 p.m.
Réponses additionnelles suivant le jour des motions – 12 h 00
Friday, January 20, 2023
Vendredi 20 janvier 2023
Rebuttal Evidence - All Parties - 12:00 p.m.
Contre-preuve – Toutes les parties – 12 h 00
Wednesday, January 25, 2023
Mercredi 25 janvier 2023
HEARING
AUDIENCE
Monday, January 30, 2023
Lundi 30 janvier 2023
Matter No.
NEW BRUNSWICK ENERGY AND UTILITIES BOARD CLAIM FOR CONFIDENTIALITY
(Rule 6.4)
In Relation to an Application by: New Brunswick Power Corporation (“NB Power”)
In Accordance with: 2023/24 NB Power General Rate Application (“GRA”)
New Brunswick Power Corporation requests that the attached documents
being filed with the Board and described below, be held in confidence
by the Board pursuant to Section 34 of the Energy and Utilities Board
Act:
1.Appendix CONF B - Export Sales
Reasons for Claim of Confidentiality
The nature of the confidential information contained in the above
documents, and the reasons for this claim for confidentiality are as
follows:
1.Continual provision of revenues specifying revenue by product (firm
energy, opportunity,capacity) and by source (Canadian and US) would
allow extra-provincial customers toidentify the approximate volumes,
revenue and pricing associated with other customers in themarket,
thereby eroding NB Power’s competitive position in these markets.
2.Disclosure of the forecast Nova Scotia opportunity sales margin
would allow NSPI tocalculate NB Power’s expected margin on opportunity
sales outside the Joint Dispatcharrangement.
NB Power does not object to certain Interveners receiving the
confidential information, upon execution of a Confidentiality
undertaking. NB Power will object to providing confidential
information which is capable of being used to calculate NB Power’s
cost of supply (particularly to the cost of supply to export markets),
to: i) any competitor or potential competitor of NB Power or NB Energy
Marketing (or an affiliate or representative of such competitors); ii)
any customer or potential customer (or an affiliate or representative
of either) of NB Energy Marketing, or iii) a supplier or potential
supplier (or an affiliate or representative of either) of fuel or
electricity to either of NB Power or NB Energy Marketing.
Documents to be Provided
NB Power will provide non-redacted, confidential copies of those
documents listed below to those parties identified below who will have
executed, filed and delivered a Confidentiality Undertaking:
Documents:
1. Appendix CONF B - Export Sales
Parties (as of October 5, 2022):
1. NBEUB – Kathleen Mitchell
2. Richard A. Williams, KC – Public Intervener (Acting)
Dated the 5th day of October, 2022.
Matter No.
NEW BRUNSWICK ENERGY AND UTILITIES BOARD CLAIM FOR CONFIDENTIALITY
(Rule 6.4)
In Relation to an Application by: New Brunswick Power Corporation (“NB Power”)
In Accordance with: 2023/24 NB Power General Rate Application (“GRA”)
New Brunswick Power Corporation requests that the attached documents
being filed with the Board and described below, be held in confidence
by the Board pursuant to Section 34 of the Energy and Utilities Board
Act:
1. Appendix CONF S - Load Forecast Model Confidential – Restricted
Reasons for Claim of Confidentiality
The nature of the confidential information contained in the above
documents, and the reasons for this claim for confidentiality are as
follows:
1. The workbook contains actual energy consumption and demand, and
other information confidential to certain NB Power customers and
commercially sensitive to NB Power.
In addition, with respect to customers participating in the LIREPP
program, the LIREPP forecast is derived based on a combination of
factors including:
• Participants’ firm and demand forecasts
• A forecast of Canadian average rates
• A forecast of NB Power rates
• Characteristics of LIREPP generators
In this case, NB Power objects to disclosing customer specific
information to interveners other than to Board staff and the Public
Intervener (and their retained experts).
Documents to be Provided
NB Power will provide the confidential version of the document listed
below to the Board and Public Intervener only.
Documents:
1. Appendix CONF # - Load Forecast Model Confidential - Restricted
Parties:
1. NBEUB – Kathleen Mitchell
2. Richard A. Williams, KC – Public Intervener (Acting)
Dated the 5th day of October, 2022.
Matter No.
NEW BRUNSWICK ENERGY AND UTILITIES BOARD CLAIM FOR CONFIDENTIALITY
(Rule 6.4)
In Relation to an Application by: New Brunswick Power Corporation (“NB Power”)
In Accordance with: 2023/24 NB Power General Rate Application (“GRA”)
New Brunswick Power Corporation requests that the attached documents
being filed with the Board and described below, be held in confidence
by the Board pursuant to Section 34 of the Energy and Utilities Board
Act:
1. Appendix CONF T – PLNGS Regulatory Deferral Continuity Schedule
Confidential – Restricted
2. Appendix CONF Ri. – Detailed Financial Statements Confidential – Restricted
Reasons for Claim of Confidentiality
The nature of the confidential information contained in the above
documents, and the reasons for this claim for confidentiality are as
follows:
Previously, NB Power advised the Board of the existence of a Material
Damage and Delay in Start Up Claim (the "DSU Claim") brought against a
consortium of insurers under a Construction All Risk ("CAR") Policy of
insurance related to the refurbishment of PLNGS, and in particular, to
calandria tube damage caused during the course of retubing work on the
reactor.
On or about March 22, 2018, NB Power finalized negotiation of a
settlement of the DSU Claim with the execution of Minutes of
Settlement, under which insurers will pay to NB Power a sum of money
in exchange for a full release of all claims against insurers under
the CAR Policy (the "Settlement").
On or about January 24, 2022, NB Power finalized negotiation of a
settlement of all remaining claims as between NB Power and Atomic
Energy of Canada Limited (“AECL”). Under the Minutes of Settlement
between the parties, the terms and conditions of the settlement are
confidential.
Documents to be Provided
NB Power will provide the confidential version of the document listed
below to the Board and Public Intervener only. Appendix BG - Claims
for Confidentiality
Documents:
1. Appendix CONF T – PLNGS Regulatory Deferral Continuity Schedule
Confidential – Restricted
2. Appendix CONF Ri. – Detailed Financial Statements Confidential – Restricted
Parties:
1. NBEUB – Kathleen Mitchell
2. Richard A. Williams, KC – Public Intervener (Acting)
Dated the 5th day of October, 2022
NEW BRUNSWICK ENERGY AND UTILITIES BOARD CLAIM FOR CONFIDENTIALITY
(Rule 6.4)
In Relation to an Application by: New Brunswick Power Corporation (“NB Power”)
In Accordance with: 2023/24 NB Power General Rate Application (“GRA”)
New Brunswick Power Corporation requests that the attached documents
being filed with the Board and described below, be held in confidence
by the Board pursuant to Section 34 of the Energy and Utilities Board
Act:
1. Appendix CONF C Acciona Lameque Agreement to Amend Wind Power Power
Purchase Agreement 2010 06 16
2. Appendix CONF D Evergreen Wind Power LLC Amendment to the Power
Purchase Agreement 2019 12 17 Confidential
3. Appendix CONF E Evergreen Wind Power LLC Amendment to the Power
Purchase Agreement 2021 03 01
4. Appendix CONF F Hydro Quebec First Amendment to ESTRA 2022 06 16 Confidential
5. Appendix CONF G JD Irving Limited Chipman Power Purchase Agreement
2020 01 10 Confidential
6. Appendix CONF H Kent Hills Wind LP Mitigation Plan 2022 06 01 Confidential
7. Appendix CONF I Kent Hills Wind LP Payment Agreement 2022 06 01 Confidential
8. Appendix CONF J Kent Hills Wind LP Wind Power Purchase Agreements
Amending Agreement (2022) 2022 06 01 Confidential
9. Appendix CONF K Nalcor Energy Marketing Corporation Master Power
Purchase and Sale Agreement Amendment to Cover Sheet 2021 03 15
Confidential
10. Appendix CONF L Nalcor Energy Marketing Corporation NEM-NBEM
Option Term Sheet 2019 02 01 Confidential
11. Appendix CONF M Versant Power Energy Sales Agreement 2021 08 01Confidential
12. Appendix CONF N West Cape Wind Energy LP Sixth Amendment to the
Power Purchase Agreement 2020 07 10 Confidential
13. Appendix CONF O Woodland Pulp LLC Retail Electricity Supply
Agreement 2020 11 24 Confidential
14. Appendix CONF P Woodland Pulp LLC Retail Electricity Supply
Agreement 2021 11 10 Confidential
15. Appendix CONF Q Woodland Pulp LLC Retail Electricity Supply
Agreement 2022 06 28
Reasons for Claim of Confidentiality
The nature of the confidential information contained in the above
documents, and the reasons for this claim for confidentiality are as
follows:
1. The release of production cost information and release of any
inter‐related components provide commercially sensitive information.
The industry has evolved from one of sharing production cost
information with neighboring utilities when completing transactions to
a system of market driven prices. With disclosure of any component of
production cost, competitors and potential counterparties will have a
competitive advantage. This information could be used:
• during negotiations for the supply of fuel for NB Power’s plants
• during negotiations for the purchase of electrical energy to supplement
NB Power’s portfolio of generation
• during negotiations for the sale of excess electrical energy output from NB
Power’s plants
The result of release of production cost information could be higher
NB Power purchase price for fuel or purchased energy or a lower
selling price for energy sales conducted by NB Energy Marketing,
resulting in higher costs and lost revenues for the NB Power group.
2. The referenced PPAs are governed by confidential agreements with
the respective third parties, which require that NB Power seek
confidential treatment of the terms of the agreements and confidential
information.
NB Power does not object to certain Interveners receiving the
confidential information, upon execution of a Confidentiality
undertaking. NB Power will object to providing confidential
information which is capable of being used to calculate NB Power’s
cost of supply (particularly to the cost of supply to export markets),
to: i) any competitor or potential competitor of NB Power or NB Energy
Marketing, (or an affiliate or representative of such competitors);
ii) any customer or potential customer (or an affiliate or
representative of either) of NB Energy Marketing, or iii) a supplier
or potential supplier (or an affiliate or representative of either) of
fuel or electricity to either of NB Power or NB Energy Marketing.
Documents to be Provided
NB Power will provide the confidential version of the documents listed
below to the Board and Public Intervener only.
Documents:
1. Appendix CONF C Acciona Lameque Agreement to Amend Wind Power Power
Purchase Agreement 2010 06 16
2. Appendix CONF D Evergreen Wind Power LLC Amendment to the Power
Purchase Agreement 2019 12 17 Confidential Appendix BG - Claims for
Confidentiality
3. Appendix CONF E Evergreen Wind Power LLC Amendment to the Power
Purchase Agreement 2021 03 01
4. Appendix CONF F Hydro Quebec First Amendment to ESTRA 2022 06 16 Confidential
5. Appendix CONF G JD Irving Limited Chipman Power Purchase Agreement
2020 01 10 Confidential
6. Appendix CONF H Kent Hills Wind LP Mitigation Plan 2022 06 01 Confidential
7. Appendix CONF I Kent Hills Wind LP Payment Agreement 2022 06 01 Confidential
8. Appendix CONF J Kent Hills Wind LP Wind Power Purchase Agreements
Amending Agreement (2022) 2022 06 01 Confidential
9. Appendix CONF K Nalcor Energy Marketing Corporation Master Power
Purchase and Sale Agreement Amendment to Cover Sheet 2021 03 15
Confidential
10. Appendix CONF L Nalcor Energy Marketing Corporation NEM-NBEM
Option Term Sheet 2019 02 01 Confidential
11. Appendix CONF M Versant Power Energy Sales Agreement 2021 08 01Confidential
12. Appendix CONF N West Cape Wind Energy LP Sixth Amendment to the
Power Purchase Agreement 2020 07 10 Confidential
13. Appendix CONF O Woodland Pulp LLC Retail Electricity Supply
Agreement 2020 11 24 Confidential
14. Appendix CONF P Woodland Pulp LLC Retail Electricity Supply
Agreement 2021 11 10 Confidential
15. Appendix CONF Q Woodland Pulp LLC Retail Electricity Supply
Agreement 2022 06 28
Parties:
1. NBEUB – Kathleen Mitchell
2. Richard A. Williams, KC – Public Intervener (Acting)
Dated the 5th day of October, 2022
Matter No.
NEW BRUNSWICK ENERGY AND UTILITIES BOARD CLAIM FOR CONFIDENTIALITY
(Rule 6.4)
In Relation to an Application by: New Brunswick Power Corporation (“NB Power”)
In Accordance with: 2023/24 NB Power General Rate Application (“GRA”)
New Brunswick Power Corporation requests that the attached documents
being filed with the Board and described below, be held in confidence
by the Board pursuant to Section 34 of the Energy and Utilities Board
Act:
1. Appendix CONF A i. - 2023/24 PROMOD Input / Output Report
Confidential– Restricted
2. Appendix CONF A ii. - 2023/24 PROMOD Input / Output Report
Confidential – Redacted
Reasons for Claim of Confidentiality
The nature of the confidential information contained in the above
documents, and the reasons for this claim for confidentiality, are as
follows:
1. The release of production cost information and release of any
inter‐related components provide commercially sensitive information.
The industry has evolved from one of sharing production cost
information with neighboring utilities when completing transactions to
a system of market driven prices. With disclosure of any component of
production cost, competitors and potential counterparties will have a
competitive advantage. This information could be used:
• during negotiations for the supply of fuel for NB Power’s plants
• during negotiations for the purchase of electrical energy to supplement
NB Power’s portfolio of generation
• during negotiations for the sale of excess electrical energy output from NB
Power’s plants
The result of release of production cost information could be higher
NB Power purchase price for fuel or purchased energy or a lower
selling price for energy sales conducted by NB Energy Marketing,
resulting in higher costs and lost revenues for the NB Power group.
2. The referenced PPAs are governed by a confidential agreement with
the respective third party, which requires that NB Power seeks
confidential treatment of the terms of the agreement and confidential
information.
NB Power does not object to certain Interveners receiving the
confidential information, upon execution of a Confidentiality
undertaking. NB Power will object to providing a confidential
information which is capable of being used to calculate NB Power’s
cost of supply (particularly to the cost of supply to export markets),
to: i) any competitor or potential competitor of NB Power or NB Energy
Marketing, (an affiliate or a representative of such competitors); ii)
any customer or potential customer (or an affiliate or representative
of either) of NB Energy Marketing, or iii) a supplier or potential
supplier (or an affiliate or representative of either) of fuel or
electricity to either of NB Power or NB Energy Marketing.
NB Power objects to providing natural gas Power Purchase Agreement
information to JDI, on the basis that this intervener is a competitor
or potential competitor for the supply of natural gas.
NB Power objects to providing any information related to the IOL Fuel
Supply Agreement or the Grandview PPA to any interveners, other than
Board Staff and the Public Intervener. This is based on the commercial
sensitivity of the pricing structure to NB Power’s counterparties, and
the counterparties’ consent to filing these documents only on these
terms.
Documents to be Provided
NB Power Corporation will provide Confidential Redacted copies of the
documents listed below to those parties identified below who will have
executed, filed and delivered a Confidentiality Undertaking. The
documents with the label ‘Restricted’ are being provided to the NBEUB
and Public Intervener only. A Redacted version of the document will be
filed on the public record.
Documents:
1. Appendix CONF A i. – 2023/24 PROMOD Input / Output Report
Confidential – Restricted
Parties:
1. NBEUB – Kathleen Mitchell
2. Richard A. Williams, KC – Public Intervener (Acting)
2. Appendix CONF A ii. – 2023/24 PROMOD Input / Output Report
Confidential – Redacted
Parties (as of October 5, 2022):
1. NBEUB – Kathleen Mitchell
2. Richard A. Williams, KC – Public Intervener (Acting)
Dated the 5th day of October, 2022.
Matter No.
NEW BRUNSWICK ENERGY AND UTILITIES BOARD CLAIM FOR CONFIDENTIALITY
(Rule 6.4)
In Relation to an Application by: New Brunswick Power Corporation (“NB Power”)
In Accordance with: 2023/24 NB Power General Rate Application (“GRA”)
New Brunswick Power Corporation requests that the attached documents
being filed with the Board and described below, be held in confidence
by the Board pursuant to Section 34 of the Energy and Utilities Board
Act:
1. Appendix CONF Ri. - Detailed Financial Statements Confidential – Restricted
2. Appendix CONF Rii. - Detailed Financial Statements Confidential – Redacted
Reasons for Claim of Confidentiality
1. The release of production cost information and release of any
inter‐related components provide commercially sensitive information.
The industry has evolved from one of sharing production cost
information with neighboring utilities when completing transactions to
a system of market driven prices. With disclosure of any component of
production cost, competitors and potential counterparties will have a
competitive advantage. This information could be used:
• during negotiations for the supply of fuel for NB Power’s plants
• during negotiations for the purchase of electrical energy to supplement
NB Power’s portfolio of generation
• during negotiations for the sale of excess electrical energy output from NB
Power’s plants
The result of release of production cost information could be higher
NB Power purchase price for fuel or purchased energy or a lower
selling price for energy sales conducted by NB Energy Marketing,
resulting in higher costs and lost revenues for the NB Power group.
2. The referenced PPAs are governed by a confidential agreement with
the respective third party, which requires that NB Power seeks
confidential treatment of the terms of the agreement and confidential
information.
NB Power does not object to certain Interveners receiving the
confidential information, upon execution of a Confidentiality
undertaking. NB Power will object to providing a confidential
information which is capable of being used to calculate NB Power’s
cost of supply (particularly to the cost of supply to export markets),
to: i) any competitor or potential competitor of NB Power or NB Energy
Marketing, (or an affiliate or representative of such competitors);
ii) any customer or potential customer (or an affiliate or
representative of either) of NB Energy Marketing, or iii) a supplier
or potential supplier (or an affiliate or representative of either) of
fuel or electricity to either of NB Power or NB Energy Marketing.
NB Power objects to providing natural gas Power Purchase Agreement
information to JDI, on the basis that this intervener is a competitor
or potential competitor for the supply of natural gas.
NB Power objects to providing any information related to the IOL Fuel
Supply Agreement or the Grandview PPA to any interveners, other than
Board Staff and the Public Intervener. This is based on the commercial
sensitivity of the pricing structure to NB Power’s counterparties, and
the counterparties’ consent to filing these documents only on these
terms.
Documents to be Provided
NB Power will provide Confidential Redacted copies of the documents
listed below to those parties identified below who will have executed,
filed and delivered a Confidentiality Undertaking. The documents with
the label ‘Restricted’ are being provided to the NBEUB and Public
Intervener only. A Redacted version of the document will be filed on
the public record.
Documents:
1. Appendix CONF Ri. - Detailed Financial Statements Confidential – Restricted
Parties:
1. NBEUB – Kathleen Mitchell
2. Richard A. Williams, KC – Public Intervener (Acting)
3. Appendix CONF Rii. - Detailed Financial Statements Confidential – Redacted
Parties (as of October 5, 2022):
1. NBEUB – Kathleen Mitchell
2. Richard A. Williams, KC – Public Intervener (Acting)
Dated the 5th day of October, 2022.
On 10/7/22, David Amos <david.raymond.amos333@gmail.
> HMMM
>
> SENT BY EMAIL
> September 26, 2022
>
> Ms. Kathleen Mitchell
> Chief Clerk
> New Brunswick Energy and Utilities Board
> P.O. Box 5001
> 15 Market Square, Suite 1400
> Saint John, NB E2L 4Y9
Hey Higgy do ya think René Legacy and his new boss know how dumb your buddies within the EUB and the lawyers Richard.Williams and Nancy Rubin truly are???
David Amos<david.raymond.amos333@gmail.com> | Fri, Oct 7, 2022 at 3:09 AM |
| To: "blaine.higgs" <blaine.higgs@gnb.ca>, rene.legacy@gnb.ca, "keith.chiasson" <keith.chiasson@gnb.ca>, denis.landry2@gnb.ca, isabelle.theriault@gnb.ca, eric.mallet@gnb.ca, Mike.Comeau@gnb.ca, hugh.flemming@gnb.ca, megan.mitton@gnb.ca, michelle.conroy@gnb.ca, kris.austin@gnb.ca, kevin.a.arseneau@gnb.ca, nick.brown@gnb.ca, dan.murphy@umnb.ca, bruce.fitch@gnb.ca, david.coon@gnb.ca, andre@jafaust.com, michelle.conoy@gnb.ca, Alex.Vass@gnb.ca, "Mark.Blakely" <Mark.Blakely@rcmp-grc.gc.ca>, "martin.gaudet" <martin.gaudet@fredericton.ca>, SWaycott@nbpower.com, "Clark, Lori" <lclark@nbpower.com>, bruce.macfarlane@gnb.ca, adam.bowie@gnb.ca, jean-claude.d'amours@gnb.ca, francine.landry@gnb.ca, jacques.j.leblanc@gnb.ca, benoit.bourque@gnb.ca, gilles.lepage@gnb.ca, "guy.arseneault" <guy.arseneault@gnb.ca>, daniel.guitard@gnb.ca, General@nbeub.ca, Michael.Dickie@nbeub.ca, John.Lawton@nbeub.ca, Dave.Young@nbeub.ca, Ahmad.Faruqui@brattle.com, Cecile.Bourbonnais@brattle.com, "Petrie, Jamie" <JPetrie@nbpower.com>, "Robert. Jones" <Robert.Jones@cbc.ca>, "John.Williamson" <John.Williamson@parl.gc.ca>, "rob.moore" <rob.moore@parl.gc.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>, oldmaison <oldmaison@yahoo.com>, "silas.brown" <silas.brown@globalnews.ca>, "robert.mckee" <robert.mckee@gnb.ca>, briangallant10 <briangallant10@gmail.com>, chuck.chiasson@gnb.ca, "Roger.L.Melanson" <roger.l.melanson@gnb.ca> | |
| Cc: motomaniac333 <motomaniac333@gmail.com>, nrubin@stewartmckelvey.com, sfogel@cija.ca, news@dailygleaner.com, Newsroom <Newsroom@globeandmail.com>, nsinvestigators <nsinvestigators@gmail.com>, "Holland, Mike (LEG)" <mike.holland@gnb.ca> | |
HMMM SENT BY EMAIL September 26, 2022 Ms. Kathleen Mitchell Chief Clerk New Brunswick Energy and Utilities Board P.O. Box 5001 15 Market Square, Suite 1400 Saint John, NB E2L 4Y9 Dear Ms. Mitchell: Re: Matter 529 - NB Power 2022 Rate Design Application – Public Information and Engagement Plan Further to the Board’s letter of August 24, 2022 and noted as directive item 3, “NB Power is directed to file with the Board a copy of interest / response data as well as details of the outreach and follow up efforts made by NB Power.” NB Power provides the following information resulting from the implementation of its Public Information and Stakeholder Engagement Plan in response to this item: • NB Power sent more than 10,000 emails to First Nations, various customers, and stakeholders o the emails primarily targeted customers in the categories of GS1, GS2, small industrial, net metering, farms, places of worship, and charities o of those emails delivered, approximately 5,700 messages were opened o of those opened, approximately 175 clicked through to the links provided (either the NB Power webpage, the EUB webpage or to register for the Information Session) • Through the notification methods provided (newspaper advertisements, direct email and social media posts on Twitter, Facebook and LinkedIn) NB Power received 65 registrations to attend the Information Session held on September 21, 2022 • During the period September 14 to September 23, 2022, NB Power received and responded to eight emails from members of the public to the NBPowerRateDesign@nbpower.com email address and one email to the First Nations ProjectConsultation@nbpower. included the following: o requests for assistance in accessing the materials on the NBEUB website o information on changes to power bills / which customers will be obtaining increased versus decreased rates o request for more information regarding the proposed rate design application o what future changes NB Power is proposing for net metering customers o whether the application includes a First Nations rate o request for information (e.g., the presentation) from the virtual Information Session • On September 21, 2022, NB Power hosted a ‘virtual’ Information Session on the 2022 Rate Design Application commencing at 2:00 p.m. o although 65 registrations were received, approximately 31 people attended the English event and 1 person attended the French event o it included a presentation about the Rate Design Application and information on how one could participate in the NBEUB’s regulatory process o the Information Session was recorded and a video of the presentation will be posted on NB Power’s Rate Design webpage (www.nbpower.com/ratedesign) o 14 questions were asked and answered during the Information Session question and answer period and one additional question was submitted at the closing of the event • there were no questions asked from the Francophone participant • a Question-and-Answer document will be prepared and made available on the NB Power rate design website o at the conclusion of the Information Session, participants were encouraged to complete a brief survey. A summary of the survey results will be included in the summary report of the Public Information and Stakeholder Engagement. NB Power chose to host a ‘virtual’ Information Session so customers and stakeholders from all areas of New Brunswick could participate without having to travel. As directed by the Board and noted as item 4 of its letter of August 24, 2022, there has been no additional interest expressed by stakeholders to meet with NB Power on the topic of the Rate Design Application. The follow up activities include: • NB Power will continue to provide information to interested customers and stakeholders via the Rate Design website (www.nbpower.com/ratedesign) • Information will be provided to stakeholders during regularly scheduled Community Liaison Committee meetings throughout the province • NB Power will send an email to all those who registered for the virtual Information Session to provide them with a link to the video and Q&A document for additional information • NB Power will continue to monitor and respond to questions received via the NBPowerRateDesign@nbpower.com email In addition, NB Power will file the following with the Board by October 3, 2022: • A copy of the Information Session presentation (slide deck) • A copy of the Question-and-Answer document • NB Power’s summary report of the Public Information and Stakeholder Engagement, which will include a summary of the Information Session survey results Upon the filing of the information noted above, NB Power will have met all the requirements set by the Board in its letter of August 24. NB Power therefore respectfully requests that Matter 529 resume, with the scheduling of the adjourned pre-hearing conference by the Board. Should you have any questions with regard to the above, please do not hesitate to contact the undersigned at SWaycott@nbpower.com or 506-429-2216. Yours truly, Stephen A. Waycott Director, Corporate Compliance and Regulatory Affairs NB Power Not long after the EUB agrees to go forward without much for interveners in the very important long delayed 357 aka 529 Matter Lori Clark, the ACTING N.B. Power CEO goes for a lot more gold to play with by April Fools Day without fear of opposition FROM YOUR OPPOSITION OR YOUR ACTING public intervenor who refuses to talk to me or answer my emails Yet YOUR legal sevices department calls me today and plays dumb EH HIGGY??? Methinks Richard Williams, the province's ACTING public intervenor knows all about cloaking himself in secrecy and NB Power has the wrong dude on their side not the public's N'esy Pas? Interesting quote EH? "Furey said Wednesday. "So effectively, there were two experts put forward by the same party, undisclosed to the board or other parties." Following Furey's remarks, Richard Williams, the province's public intervenor, weighed in, saying Marshall appeared to attempt to "cloak himself in secrecy" so as to be seen as an independent expert simply trying to assist the board in its deliberations. "It seems obvious, at least to me, that Saint John Energy was hoping to have... two seemingly unconnected experts that... were sort of almost on the same page," Williams said." https://www.cbc.ca/news/ N.B. Power asks for biggest rate hike in 15 years: 8.9 per cent on April 1 Premier blames climate policies, but CEO says ‘very little’ of hike is due to carbon pricing Jacques Poitras · CBC News · Posted: Oct 05, 2022 3:48 PM AT Lori Clark, acting N.B. Power CEO, said the utility has taken steps to ensure the rate increase is as low as it can possibly be. (Jacques Poitras/CBC) N.B. Power is asking energy regulators to approve an 8.9 per cent increase in power rates for all its customers, at the same time New Brunswickers are already coping with soaring housing, food and gasoline costs. The Crown utility says it needs the huge increase in 2023-24 just to cover the "unprecedented challenges" caused by the spiralling cost of energy and inflation as well as higher interest rates. "We recognize that any rate increase is difficult for our customers," acting CEO Lori Clark told reporters. "N.B. Power has taken steps to ensure the rate increase is as low as it can possibly be, while ensuring that the utility can continue to cover its services reliably, safely and confidently for New Brunswickers now and into the future." The rate increase, if approved by the Energy and Utilities Board, would take effect April 1, 2023. It's N.B. Power's biggest rate application since 2007, when it asked for a 9.6 per cent increase. That was later lowered to 6.4 per cent, and the board eventually set the increase at 5.9 per cent. a closeup of a man wearing a jacket and tie, and sitting at a table in front of the New Brunswick flag At the legislature Wednesday, Premier Blaine Higgs blamed the higher costs driving the rate hike on federal climate policies that he said are making energy more expensive. (Andrew Vaughan/The Canadian Press) The utility says energy costs for fuel purchase and electricity imports from outside the province will increase by $102.8 million in the coming year, and recent interest rate increases will add $31 million to the corporation's bottom line. The application acknowledges that even an 8.9 per cent increase won't be enough to lower its accumulated debt of about $5 billion or increase its equity relative to that debt. Officials say it may have to seek rate increases of two to 16 per cent in each of the two following years, but because of market volatility it's not applying for hikes for those years yet. At the legislature Wednesday, Premier Blaine Higgs blamed the higher costs driving the rate hike on federal climate policies that he said are making energy more expensive. "This shouldn't be a surprise," he said. "The policies that are being put on us now are causing a higher cost of energy in our province. "N.B. Power is reacting to that. They really don't have a choice." Clark, however, said that only a small part of the increased costs comes from federal carbon pricing requirements. The utility says 52 per cent of the rate increase can be attributed to fuel costs, but "very little of that is actually attributed to the carbon pricing," Clark said. "The carbon pricing itself is in the millions of dollars. Most of it is the result of the increase in fuels that we buy and trade on world markets." N.B. Power cites pandemic, war in Ukraine The utility's application mentions carbon pricing and the transition to renewable and low-emitting energy sources as factors in the "significant fiscal challenges" it's facing. But it also notes that people "across the world" are facing some of the same challenges as New Brunswickers, such as energy price volatility due to the war in Ukraine and supply chain disruptions from the COVID-19 pandemic. The application points out rate increases over the last decade have not kept pace with inflation or with many other provincial utilities' rates. The request would be for a double-digit increase if not for N.B. Power's plan to shave $50 million from its costs, including by eliminating some positions, officials said. Province not likely to overrule increase Clark defended the decision to freeze rates in the last two years due to COVID-19, but she would not say whether earlier rate freezes or below-inflation increases, some of them imposed by governments, had been a mistake. "There's a lot of blame to attribute in the past, and we're going to focus on going forward and ensuring the utility is healthy for the future," she said. Natural Resources and Energy Development Minister Mike Holland said he's strongly in favour of allowing the utility to form its own rate increase without intervention from the government. (Jacques Poitras/CBC) Both Higgs and Energy Minister Mike Holland all but ruled out stepping in to overrule the EUB if it approves the rate increase. "I'm strongly in favour of allowing the utility to form their own rate increase without intervention from the government, taking heart and knowing that the EUB is there to ensure that whatever increase they come out the other side with, it's legitimate," Holland said. Natural and man-made troubles push NB Power finances further off course EUB agrees intervener acted unfairly toward N.B. Power during hearing Higgs noted the recent announcement of a "probably unprecedented" program to provide free heat pumps to households that use electric heat and have an income of less than $70,000. He said the province will soon announce another program "for other forms of heating as well, to reduce that." N.B. Power estimates the heat pump program, which also includes insulation upgrades, will lower a household's yearly bill by $500. ABOUT THE AUTHOR Jacques Poitras Provincial Affairs reporter Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. He grew up in Moncton and covered Parliament in Ottawa for the New Brunswick Telegraph-Journal. He has reported on every New Brunswick election since 1995 and won awards from the Radio Television Digital News Association, the National Newspaper Awards and Amnesty International. He is also the author of five non-fiction books about New Brunswick politics and history. CBC's Journalistic Standards and Practices https://www.cbc.ca/news/ EUB agrees intervener acted unfairly toward N.B. Power during hearing Energy and Utilities Board agreed William Marshall failed to disclose relationship with third parties Aidan Cox · CBC News · Posted: Aug 10, 2022 4:28 PM AT EUB chair Francois Beaulieu announced the board agreed with a resolution finding that William Marshall acted unfairly by not disclosing his company's relationships with third parties. (Graham Thompson/CBC) New Brunswick's Energy and Utilities Board has ruled that a participant in one of its hearings failed to properly disclose who he represented, resulting in procedural unfairness against N.B. Power. The ruling stems from an EUB hearing into a request by the Crown electricity company to increase the amount it charges companies like Saint John Energy and Liberty Utilities to use its transmission infrastructure. One particularly controversial proposal is a plan to more than quadruple what N.B. Power charges to "balance" the uneven flow of electricity through its system caused by the up and down production of area wind farms. Saint John Energy and Liberty Utilities are two of eight entities that had representatives submit evidence during the hearing. Secret participants and 'collusion' worries cause halt in N.B. Power hearing Another participant of the hearing, William Marshall, registered to present submissions under his consulting company, WKM Consultants Inc. on his own behalf. However, N.B. Power lawyer John Furey last month accused Marshall of secretly representing undisclosed third parties, leading to Marshall's admission that Saint John Energy and Liberty Utilities are clients of his consulting firm. He denied he was representing them at the hearing. N.B. Power lawyer John Furey told the EUB that the failure of Marshall to disclose his relationships to third parties led to missed opportunities to ask him relevant questions during his submission of evidence during the hearing. (Graham Thompson/CBC) Furey later filed a motion asking that the Energy and Utilities Board remove Marshall from the hearing and have his submissions scrubbed from the record. The parties met virtually on Wednesday for what was supposed to be submissions before the board on the motion. However, on board chair Francois Beaulieu's suggestion, they agreed to discuss the matter through an in-camera alternate dispute resolution process. The parties came to a unanimous resolution after almost two hours of discussion. The parties agreed on forwarding to the board an order that WKM Consultants breached the board's rules of procedure by failing to disclose it was retained by third parties, and that this relationship caused potential or procedural unfairness to N.B. Power as the applicant. The order will also see Marshall withdraw his request to be qualified as an expert witness in the hearing. Claims of double representation In explaining the resolution, Furey said Marshall's actions breached the board's rules in two aspects. He said the first is that by failing to disclose the relationship between his company and other parties to the hearing, N.B. Power missed opportunities to question Marshall in a way that could have revealed relevant information. Furey also argued that Marshall's submissions afforded Saint John Energy "double representation" during the hearing as the municipal power company already had its own representative. Public intervener Richard Williams says Marshall's submissions could be interpreted as providing double representation for Saint John Energy during the EUB hearing. (Saint John Energy) "There was alignment to some extent of the of the positions of those two experts," Furey said Wednesday. "So effectively, there were two experts put forward by the same party, undisclosed to the board or other parties." Following Furey's remarks, Richard Williams, the province's public intervenor, weighed in, saying Marshall appeared to attempt to "cloak himself in secrecy" so as to be seen as an independent expert simply trying to assist the board in its deliberations. "It seems obvious, at least to me, that Saint John Energy was hoping to have... two seemingly unconnected experts that... were sort of almost on the same page," Williams said. After a lunch break, the board reconvened Wednesday afternoon and Beaulieu told the parties it accepted the terms. "What the board will be doing next is work on preparing an order and have it translated, so that should probably be distributed to all parties in the coming days," Beaulieu said. The board will hear closing arguments on the hearing on Sept. 9. Deja Vu Anyone??? ---------- Original message ---------- From: "Dickie, Michael" <Michael.Dickie@nbeub.ca> Date: Tue, 2 Aug 2022 00:12:12 +0000 Subject: Automatic reply: YO Higgy Methinks Peter Hyslop can never deny that folks need an ethical lawyer to act as our Public Intervener N'esy Pas Lori Clark??? To: David Amos <david.raymond.amos333@gmail. I will be out of the office from July 22 to August 2, 2022 . If you require assitance please dial 506-658-2504. Thank you, Je serai en vacances le 24 juin au 2 août, 2022. Si vous avez besoin d'assistance s.v.p. composer le 506-658-2504. Merci, ---------- Original message ---------- From: "Williams, Richard (OAG/CPG)" <Richard.Williams@gnb.ca> Date: Thu, 21 Jul 2022 16:09:48 +0000 Subject: RE: Matter 529 - NB Power Rate Design / Instance no 559 - Énergie NB - Établissement des tarifs To: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>, "jpetrie@nbpower.com" <jpetrie@nbpower.com>, "NBPRegulatory (NBPRegulatory@nbpower.com)" <NBPRegulatory@nbpower.com>, "louis-philippe.gauthier@cfib. "David.Raymond.Amos333@gmail. "Sollows, David (DNRED/MRNDE)" <David.Sollows@gnb.ca>, "Gilles.volpe@ <Gilles.volpe@ "dave.lavigne@ <dave.lavigne@ <Len.Hoyt@mcinnescooper.com>, "jeffery.callaghan@ <jeffery.callaghan@ <rzarumba@ceadvisors.com>, "gerald@kissnb.com" <gerald@kissnb.com>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "bcrawford@nbpower.com" <bcrawford@nbpower.com>, "George.Porter@nbpower.com" <George.Porter@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Ahmad.Faruqui@brattle.com" <Ahmad.Faruqui@brattle.com>, "Cecile.Bourbonnais@brattle. <Cecile.Bourbonnais@brattle. "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>, "sussexsharingclub@nb.aibn.com "margot.cragg@umnb.ca" <margot.cragg@umnb.ca>, "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>, "leducjr@nb.sympatico.ca" <leducjr@nb.sympatico.ca> Cc: NBEUB/CESPNB <general@nbeub.ca> Good afternoon, The Public Intervener will be participating in this matter. Richard A. Williams, Q.C. Public Intervener for the Energy Sector / l'intervenant public dans le secteur énergétique Office of the Public Intervener / Bureau d'intervenant public (506) 440-8915 richard.williams@gnb.ca ---------- Original message ---------- From: David Amos <david.raymond.amos333@gmail. Date: Wed, 13 Jul 2022 10:19:51 -0300 Subject: Fwd: Methinks you must enjoy the news today about Higgy's plan with the EUB as much as I do N'esy Pas René Legacy? To: mpoirier@stewartmckelvey.com, bruce.macfarlane@gnb.ca, "Adam.Bowie" <Adam.Bowie@gnb.ca>, RCAANC.Media.CIRNAC@sac-isc. Cc: motomaniac333 <motomaniac333@gmail.com> ---------- Forwarded message ---------- From: Christopher Stewart <cstewart@stewartmckelvey.com> Date: Wed, 13 Jul 2022 13:12:06 +0000 Subject: Automatic reply: Methinks you must enjoy the news today about Higgy's plan with the EUB as much as I do N'esy Pas René Legacy? To: David Amos <david.raymond.amos333@gmail. Thank you for your email. I am no longer with Stewart McKelvey. For all inquiries, please contact Mathieu Poirier, Managing Partner at mpoirier@stewartmckelvey.com. Regards ****************************** 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: "Vass, Alex (ECO/BCE)" <Alex.Vass@gnb.ca> Date: Wed, 13 Jul 2022 13:14:05 +0000 Subject: Automatic reply: Methinks you must enjoy the news today about Higgy's plan with the EUB as much as I do N'esy Pas René Legacy? To: David Amos <david.raymond.amos333@gmail. I am out of the office until July 18, 2022. If you require immediate assistance please contact Bruce Macfarlane at bruce.macfarlane@gnb.ca or Adam Bowie at adam.bowie@gnb.ca. ****************************** Je serai absent du bureau jusqu'au 18 juillet 2022. Si vous avez besoin d’aide immédiatement, veuillez communiquer avec Bruce Macfarlane à l’adresse bruce.macfarlane@gnb.ca ou Adam Bowie à l’adresse adam.bowie@gnb.ca. ---------- Forwarded message ---------- From: Nancy G Rubin <nrubin@stewartmckelvey.com> Date: Thu, 30 May 2013 05:00:24 +0000 Subject: Automatic reply: A little Deja Vu for Nova Scotia Power and Emera's Irving buddies in New Brunswick To: David Amos <motomaniac333@gmail.com> Out of Office Notice I'm in hearings from May 28th through Friday June 7th. I will have periodic access to email, although a response may be delayed. For urgent matters, you may contact my assistant, Leona Clements 420-3200 ext. 237 or lmclements@stewartmckelvey.com and she will redirect your enquiry. For pre-publication advice, my partner Karen Bennett-Clayton at 420-3377 or kbennettclayton@ assist. Nancy Rubin ****************************** 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. NEW BRUNSWICK ENERGY and UTILITIES BOARD COMMISSION DE L’ENERGIE ET DES SERVICES PUBLICS N.-B. Matter 529 IN THE MATTER of an application by the New Brunswick Power Corporation with respect to proposed changes to its rate structure, rate classes and rate design Held via Videoconferencing, on August 11, 2022. Members of the Board: Mr. Francois Beaulieu - Chairperson Mr. John Herron - Member Ms. Heather Black - Member Counsel to Board Staff - Ms. Abigail Herrington Board Staff: Ms. Véronique Otis Mr. David Young .............................. CHAIRPERSON: So I think everybody is here. So good morning, everyone. This is a pre-hearing conference in Matter 529 relating to an application by New Brunswick Power Corporation with respect to the proposed changesto its rate structure, rate classes and rate design. Il s’agit de la vidéoconférence préparatoire à l’audience dans l’instance 529 relative à une demande de la Société d’Energie du Nouveau-Brunswick concernant les changements proposés à sa structure tarifaire, ses catégories tarifaires et sa conception tarifaire. So the panel this morning consists of myself, Francois 7 Beaulieu. I am joined by members, Heather Black and John Herron. So for those of you who are not familiar with the Board’s guidelines, there is just a couple of -- and there is maybe a few individuals that we haven’t seen before the Board before us, so I will just maybe reiterate some of these guidelines. If you are on wi-fi sometimes you may lose your connection so we prefer that you have a hardwire connection if you have access to one. The use of these headsets are preferable if you have some because it makes the job of our court stenographer and also the simultaneous translation much easier for these individuals. We ask you to mute your microphones if you are not speaking and to -- so just to eliminate the background noises. If you have any tabs that are open currently, we ask you maybe to close these tabs. We have seen over the last two and a half years of using this type of platform, sometimes if you don’t connect your computer, you may lose your battery and if you lose your battery, well you are going to be disconnected from the platform. Activate your cameras, unmute your devices when you are required to speak. If there are any individuals that are joining us this morning that require simultaneous translation, if you look at the bottom of your screen, there is an icon that talks about interpretation and you will have access to French language translation if required. The proceeding -- well the conference this morning will be held in English. So Mr. Furey, I was just looking at the order and I think item number of the order required your client to post the notice on NB Power’s website. I am just wondering if that was done? MR. FUREY: I am sure it was, Mr. Chair, but I am just getting formal confirmation of that. CHAIRPERSON: Okay, thank you. MR. FUREY: The usual practice, Mr. Chair, is that we would have sent an affidavit. I just don’t have that atmy fingertips, so that is what I am looking for. CHAIRPERSON: And I don’t have it either, and I am just wondering if Ms. Mitchell could check it. MR. FUREY: The Board notice is on the website. I can confirm that it is on the website, Mr. Chair. I am just waiting for confirmation of the affidavit. CHAIRPERSON: Okay. So Ms. Mitchell is telling me that we do have that. MR. FUREY: Okay. CHAIRPERSON: So thank you for that which basically confirms that it has been done. There is a number of parties -- there is a limited number of parties who have applied to intervene. So I think I am going to deal first with these intervener requests, and ask the parties if they have any objections regarding the intervention of the various parties that have applied. So I am going to start first with the Canadian Manufacturers & Exporters. So the Board has received an intervener request from this organization and the Board hasn’t received any objections but I will canvass the parties to see if there is any objections for the Board to grant intervener status to the CME. Mr. Furey, any objections? MR. FUREY: No objections, Mr. Chair. I will advise the Board that I had a brief conversation with Mr. Marcolin this morning just to clarify that in fact it is CME that is the intervener, and I won’t put words in his mouth but I believe he confirmed that. And the reason I asked the question is I was a little confused by the request for intervention form that was filed that appeared to be Mr. Marcolin in his personal capacity but I don’t think that is the case, so no objection. CHAIRPERSON: Thank you. Ms. Rubin, any objections? You may need to unmute yourself. MR. RUBIN: I am sorry. No objection, thank you. CHAIRPERSON: Thank you. Mr. Murphy? MR. MURPHY: No objections here, no. CHAIRPERSON: Mr. Murphy, are you able to activate your video? Okay. Thank you. MR. MURPHY: Certainly. Yeah, no objections here. CHAIRPERSON: Okay. Thank you. Mr. Stoll? MR. STOLL: No objections. CHAIRPERSON: And Mr. Williams? MR. WILLIAMS: No objections. CHAIRPERSON: And Ms. Herrington? MS. HERRINGTON: No objection, Mr. Chair. CHAIRPERSON: Thank you. So the Canadian Manufacturers & Exporters will be granted intervener status and will be able to -- will be allowed to intervene in this proceeding. So the next intervener request that we have received is from JD Irving, Limited. The Board hasn’t received any objections, however, as I stated earlier, I will ask the various participants if they have any objections. Mr. Furey? MR. FUREY: No objections, Mr. Chair. CHAIRPERSON: So I understand that Mr. Marcolin is not present this morning, so is there anybody from the Canadian Manufacturers & Exporters present today? Mr. Murphy, any objections? MR. MURPHY: No. CHAIRPERSON: Mr. Stoll? MR. STOLL: No objections. CHAIRPERSON: Mr. Williams? MR. WILLIAMS: No objection. CHAIRPERSON: And Ms. Herrington? MS. HERRINGTON: No objection, Mr. Chair. CHAIRPERSON: Thank you. So JD Irving, Limited will be granted intervener status and will be allowed tointervene in this proceeding. The next intervener request that we have received is from Utilities Municipal, who represents the Power Commission of the City of Saint John, Edmundston Energy and Perth-Andover Electric Light Commission. Again, the Board hasn’t received any objections and we will ask Mr. Furey if he has any objections. MR. FUREY: No objection, Mr. Chair. CHAIRPERSON: Ms. Rubin? MS. RUBIN: No objection, Mr. Chair. CHAIRPERSON: Am I pronouncing your last name correctly? MS. RUBIN: Yes, you are. CHAIRPERSON: Okay. Thank you. Mr. Murphy? MR. MURPHY: No objections. CHAIRPERSON: Mr. Williams? MR. WILLIAMS: No objection. CHAIRPERSON: And Ms. Herrington? MS. HERRINGTON: No objection, Mr. Chair. CHAIRPERSON: Thank you. So Utilities Municipal will be 19 granted -- yeah, I think I just -- so Utilities Municipal will be granted intervener status and will be allowed to intervene in this proceeding. So lastly, we have the Union of Municipalities of New Brunswick. The Board hasn’t received any objections. Mr. Furey, any objections to be granting intervener status to this association? MR. FUREY: No objection, Mr. Chair. CHAIRPERSON: Ms. Rubin? MS. RUBIN: No, Mr. Chair. CHAIRPERSON: Mr. Stoll? MR. STOLL: No objections. CHAIRPERSON: Mr. Williams? MR. WILLIAMS: No objection. CHAIRPERSON: And Ms. Herrington? MS. HERRINGTON: No objection, Mr. Chair. CHAIRPERSON: All right. So the Union of Municipalities of New Brunswick will be granted intervener status in this proceeding and will be allowed to intervene in the matter. So that being said, I am just going to take the appearances starting with New Brunswick Power Corporation. MR. FUREY: Good morning, Mr. Chair, John Furey. I am accompanied this morning by George Porter and Steve Waycott. CHAIRPERSON: Good morning, Mr. Furey. Canadian Manufacturers & Exporters, I understand that Mr. Marcolin is not here this morning, however, we did receive an email. The Chief Clerk, I don’t know if that was distributed to all parties. It was? Okay. Thank you.JD Irving, Limited? MS. RUBIN: Nancy Rubin, Mr. Chair, and I am joined by my partner, Conor O’Neil. CHAIRPERSON: Thank you, Ms. Rubin. Union of Municipalities of New Brunswick. MR. MURPHY: Good morning, everyone. Dan Murphy, 11 Executive Director with Union of Municipalities of New Brunswick. CHAIRPERSON: Good morning, Mr. Murphy. Utilities Municipal? MR. STOLL: Good morning, Mr. Chair, Scott Stoll. CHAIRPERSON: Good morning, Mr. Stoll. Public Intervener? MR. WILLIAMS: Richard Williams, Acting Public Intervener. CHAIRPERSON: Good morning, Mr. Williams. And New 19 Brunswick Energy and Utilities Board? MS. HERRINGTON: Good morning, Mr. Chair, Abigail Herrington and I am joined by David Young and Véronique Otis. CHAIRPERSON: Good morning, Ms. Herrington. So normally what the Board would do at this point in time, we would talk about a schedule and look to establish a process. But before doing that, there are two issues that th Board would like to deal with this morning. One of them is the composition of the panel of this Board. And so the Board intends to have a full panel which will be consisting of myself, Mr. Herron, Mr. Stewart, Ms. Black and Ms. Wilson on the panel. That being said, some parties may know or be aware is that in her former life, Ms. Black was the Public Intervener of the Province of New Brunswick for the energy sector and Mr. Stewart was in Ms. Rubin’s place, I guess, as counsel for JD Irving, Limited. And the question that the Board has for the parties that are present this morning is the Board doesn’t see any conflict of interest of having these two members sitting on the panel of this new application. As we all know, Ms. Black and Mr. Stewart did participate in Matter 357 which was the matter that laid the foundation to start this proceeding or this application that was filed by NB Power. Matter 357 has been closed or has been concluded. And so the Board is wondering if any of the parties have any objections to having Member Black and Member Stewart as members in this panel that will be hearing this application by NB Power. And I will start with Mr. Furey. And maybe the parties may wish to think about it and maybe to address this issue in a letter to the Board. However, that being said, I will just maybe start a conversation on it if Mr. Furey has -- we will hear Mr. Furey. MR. FUREY: Thank you, Mr. Chair. No, NB Power has no objection. In Ms. Black’s case, Ms. Black as Public Intervener had a mandate to represent the public interest, and I think she is doing so in a different role now. And in both Ms. Black and Mr. Stewart’s case, I have no concern whatsoever that either would not be able to put aside their previous roles and make decisions in the public interest today. So no objection . CHAIRPERSON: Thank you. Ms. Rubin? MS. RUBIN: Thank you, Mr. Chair. While I don’t have experience before this particular Board, my experience in Nova Scotia was the former counsel for Nova Scotia Power was appointed to the Nova Scotia Utility and Review Board, immediately began to sit and rose to become the Chair in that role. He did an exceptional job and I’m confident that both Ms. Black and Mr. Stewart will be able to bring their past experience and do a job leaving aside their prior roles as well. So I have no objection. CHAIRPERSON: Thank you. Mr. Murphy? MR. MURPHY: No objections. CHAIRPERSON: Thank you. Mr. Stoll? MR. STOLL: No objections. I’m quite confident both Ms. Black and Mr. Stewart understand their obligations and will be able to discharge them professionally in this proceeding. CHAIRPERSON: Thank you. Mr. Williams? MR. WILLIAMS: No objection. CHAIRPERSON: All right. Thank you. Now the second issue that the Board would like to deal with this morning is regarding the lack of intervention in the proceeding based on the intervener requests and the intervener statuses that the Board has just confirmed. And I was reading -- well the full Panel did meet this week to discuss this issue and about the lack of representation of certain classes of customers that will lay the foundation of other rate design applications in the future. So -- and the concern that we have is we -- and it was stated in the letter that we sent out this week about hearing parties on the issue of should this process maybe -- I’m going to use a word -- to slow the process and to maybe educate a little bit more the impact of what this application may have on the ratepayers. And reviewing the decision that was rendered by the Board in Matter 357, it was quite clear that in the Board’s view, that under represented customers, i.e., the residential customers and churches and farms, should be -- or hopefully would be represented in this class -- or in this application. So the Board is wondering if it would be appropriate, before talking about any schedules, before starting the process, if the applicant should maybe do some sort of a public awareness campaign about what the impact of this application may have on certain rate classes. The Board does note that some of the industrial rate classes are represented in this application. However, upon reading the evidence of the utility this morning, I did notice that farms, churches, charitable organizations may be impacted by the decision that the Board may be rendering in this application. And this particular group of customer classes is not represented in this application. So I’m wondering if -- I’ll be hearing from Mr. Furey what his thoughts are of maybe putting a pause to the application and maybe having a discussion of if it would be appropriate in this matter to maybe have a public education program put in place in order to inform ratepayers about the application and about the significance of the application that may have -- that this application may have in the present and in the future. So, Mr. Furey? MR. FUREY: Thank you, Mr. Chair. So let me say firstly that NB Power is supportive of some form of public engagement. In fact, NB Power has already tentatively begun to plan exactly that. I would say that NB Power is open to that being a Board sponsored process under the Rules -- under Rule 3.4 in particular. But we will leave that in the discretion of the Board. NB Power is prepared to do some public engagement of its own and participate simultaneously in a Board sponsored process. So there is no question about that. The intention of NB 3 Power with respect to its current plans, which are tentative pending the outcome of this pre-hearing conference and the Board’s decision, I wouldn’t quite describe them as technical conferences, but the intent is that there would be public sessions where there would be an explanation of the application, identify potential impacts on particular customer groups, and the Chair has identified some of them this morning. And obtain both their feedback and also answer any questions that those representatives of those various customer groups may have, or members of those customer groups may have. We anticipate that it would be a combination of in person meetings and virtual sessions, to ensure that we have a wide geographic ability within the province for customers to participate, and there would be the use of other tools, direct communications. The purpose being that NB Power would encourage those customers to participate in the proceeding, whether through letters of comment as permitted by the Rules, or through the public forum in which case feedback would be provided to the Board by NB Power. And again I stress that NB Power does not see that as exclusive. If the Board wished to conduct a public forum, then NB Power would be supportive of that and 4 would participate in it in any way that the Board saw fit. So the only issue that I hadn’t quite anticipated, Mr. Chair, is the issue of potential delay of the schedule here. I would like to consult with my client briefly on that. But I can do that later or I can do it now. It’s -- I’ll leave it in your hands. CHAIRPERSON: So maybe on the issue of the schedule, Mr. Furey, it would probably be appropriate at one point in time, once the Board hears all the submissions of the parties regarding questions that we are asking, that maybe the parties convene in a closed session in order to discuss this issue, or these issues. And maybe as a result of the conversation that the parties may have in this discussion, that this will resolve that issue that you just talked about. MR. FUREY: Certainly. Thank you. CHAIRPERSON: Thank you. Ms. Rubin, any thoughts on the question that the Board was asking? MS. RUBIN: I have no views on whether a delay is necessary or not. I support the initiatives outlined by Mr. Furey. I did notice that in the proposed filing schedule there is no opportunities for public letters of comment, and maybe that’s implicit and can be done at any time. But that may be -- if it is not a routine practice, that may be an opportunity for the public to submit their views directly. The other thing, in terms of the communications, I know in some other jurisdictions there is active participation by low income advocacy groups, and I was looking in New Brunswick and I confess, I don’t have sufficient familiarity as to who could be contacted directly to solicit interest, but I see there is the New Brunswick Common Front for Social Justice, who takes public advocacy positions and they may certainly have views on behalf of low income residential consumers. And perhaps there is some other list, whether it’s Legal Aid New Brunswick or some others, they could be contacted directly rather than just general communications by NB Power. CHAIRPERSON: So if we -- if that is the case, Ms. Rubin, is it premature at this point in time to start talking about implementing a schedule if these individuals haven’t been contacted -- or these groups haven’t been contacted? MS. RUBIN: It may be, if this is the first outreach and their first awareness of it. I guess the length of the delay period -- I don’t see it as being that long because we are not that far past the point of filing the application. But whether it’s two weeks or a month or something, I don’t think it would be any more than that. CHAIRPERSON: Okay. Thank you. Mr. Murphy, any thoughts? MR. MURPHY: Certainly support the concept of a public relations campaign. I know for a lot of our members in the municipal sector certainly have an interest in this hearing. So I think more work on that front would be good. In terms of a delay, I don’t have a sort of position one way or another. I like the idea of reaching out to some other groups. And we could also reach out to the social inclusion networks too. They might have a sense of who may want to comment on this But no, I think more perspectives are good, but we don’t necessarily have a position on a delay at this time. CHAIRPERSON: Okay. Thank you. Mr. Stoll? MR. STOLL: Thank you, Mr. Chair. I guess a couple points. We do encourage a broader participant group. I think particularly in this type of hearing where rate design -- and I hate to use the term -- winners and losers will result. I think that necessitates that we get as broad a perspective as possible. A couple of comments on that. I think we have to understand that what process we allow for these people to come in, we have to be respectful of the commitment that it requires from their position. Also I think given the nature of this type of proceeding, it’s important that their contributions or comments be on the record, so that they form part of what everybody is seeing. And I think probably we -- their participation would be encouraged throughout the process, but I think that the earlier we can have that participation the better in the process. And I think it necessarily would need probably a slight delay. I don’t want to hold up the hearing indefinitely, but I think a small period of time to maybe outreach to some particular groups, either representing some of the agricultural industries or the charitable organizations or the -- certain residential customers, certainly we have a different regime where interveners have funding that’s not available in New Brunswick. So it does create an extra strain or an inhibiting factor for some of these groups to participate. So I think we -- any process we have to be conscious of that, and conscious of trying to obtain the broadest perspective possible and making it part of the public record at the end of the day so people understand where we are going and why we are going there. Those are my comments. CHAIRPERSON: Okay. Thank you, sir. Mr. Williams? MR. WILLIAMS: Thank you. I agree with what the Board is suggesting. The cast of characters on here seems fairly limited and it would be -- it would be good if it could be dealt with expeditiously, but I do agree that it would be preferable to have some of the rate groups on the -- you know, on the less than industrial scale involved in this process. And so I’m in favour of anything that the Board suggests in that respect. CHAIRPERSON: Thank you. Ms. Herrington? MS. HERRINGTON: The Board staff don’t have any comments, Mr. Chair. We are generally supportive of the initiatives that have been proposed to the extent that they can increase participation in the process. CHAIRPERSON: Thank you. So I appreciate the comments from all the parties. I think at this point I’m suggesting maybe that the parties convene individually from having the Board members present, and if there is any media present, to maybe having a discussion on what should be the step forward prior to maybe scheduling or talking about any schedules. So I’m going to ask Ms. Mitchell to put myself, Mr. Herron and Ms. Black and any individuals that are not have been listed as either the applicant or the interveners, into a waiting room. And I’ll ask Ms. Mitchell to inform us if the parties have either come to an agreement on how we should proceed or how this matter should be moving forward at this point in time. (Recess) CHAIRPERSON: So Mr. Furey, I understand that the parties have had a discussion and there is an agreement on how to proceed or how to move this matter forward. MR. FUREY: Yes. Thank you, Mr. Chair. NB Power has agreed to provide a written summary of the public information and engagement process that it proposes to conduct over the next approximately six weeks, and to provide that to the Board and parties by the end of the day on Monday. And I understand that parties have agreed that they would file any additional comments or suggestions or proposed amendments to that process by the end of the day on Wednesday. And then the Board would issue direction to NB Power to either implement that proposal or somehow alter it in any respect that was appropriate for the Board. And NB Power would then conduct that public information and engagement process, and we would come back for a continuation of this pre-hearing conference, I think we suggested at some point in the week of the 26th of September, but that’s obviously subject to the Board’s schedule. CHAIRPERSON: All right. So first of all I would like to thank the parties for coming up with this proposal, and even though there is a slight delay, like my colleague, Mr. Herron, told me when we were discussing a few minutes ago, I think hopefully this slight delay will improve the process that we will be hearing the application and hopefully this slight delay will be more inclusive in order to have a broader group of individuals or participants in the hearing. So we look forward for the comments by the parties and the proposal on Monday, and this matter will resume and review the proposal and comments next week, and we will issue the necessary order to NB Power. So thank you all. And I wish you a good day and this matter is adjourned. Thank you. MR. FUREY: Thank you, Mr. Chair. (Adjourned) Certified to be a true transcript of the proceedings of 11 this hearing as recorded by me, to the best of my ability. Henneberry Reporting Service ---------- Forwarded message ---------- From: Britt Dysart <bdysart@stewartmckelvey.com> Date: Thu, 30 May 2013 05:00:24 +0000 Subject: Automatic reply: A little Deja Vu for Nova Scotia Power and Emera's Irving buddies in New Brunswick To: David Amos <motomaniac333@gmail.com> I am out of the office in meetings much of today, and will not have regular access to my email or voicemail during this time. Please contact my assistant,Sonja at 506-443-9942 and she will direct your inquiry. Otherwise, I will contact you upon my return . ****************************** 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: "IRVING, SASHA" <Sasha.Irving@emera.com> Date: Thu, 30 May 2013 05:00:23 +0000 Subject: Automatic reply: A little Deja Vu for Nova Scotia Power and Emera's Irving buddies in New Brunswick To: David Amos <motomaniac333@gmail.com> I will be away from the office attending the UARB hearing on the Maritme Link application from May 28 until the 2nd week of June. I will be checking email throughout the day and will get back to you as soon as possible. For Emera media inquiries other than those related to the Maritime Link please contact Dina Bartolacci Seely at Dina.Bartolacci@emera.com If require immediate assistance, please contact Jennifer Neild Cameron at 428-6831 Thanks, Sasha Irving ---------- Forwarded message ---------- From: "McLaughlin, Heather" <mclaughlin.heather@ Date: Thu, 30 May 2013 05:00:28 +0000 Subject: Automatic reply: A little Deja Vu for Nova Scotia Power and Emera's Irving buddies in New Brunswick To: David Amos <motomaniac333@gmail.com> Assignment editor Heather McLaughlin is out of the office until Monday afternoon June 3. Please send your emails to news@dailygleaner.com. For personal assistance, contact Gisele McKnight at 458-6434. ---------- Original message ---------- From: Shimon Fogel <sfogel@cija.ca> Date: Thu, 22 Aug 2013 07:20:39 -0500 Subject: Re: CBC says A Neo-Nazi estate dispute will be overseen by two Jewish groups and a very corrupt Attorney General??? To: David Amos <motomaniac333@gmail.com> I have no idea who you are or why you have decided to add me to your list of individuals receiving you messages. Please remove my name from your list-serve. Best regards, SKF Shimon Koffler Fogel Centre for Israel & Jewish Affairs 613.234.8271 ext.240 The Centre has a new look online. Visit cija.ca and let us know what you think! ---------- Original message ---------- From: David Amos <motomaniac333@gmail.com> Date: Wed, 21 Aug 2013 21:21:07 -0300 Subject: CBC says A Neo-Nazi estate dispute will be overseen by two Jewish groups and a very corrupt Attorney General??? To: tlsoontiens@stewartmckelvey. <bdysart@stewartmckelvey.com>, bdysart <bdysart@smss.com>, nrubin <nrubin@stewartmckelvey.com> Cc: David Amos <david.raymond.amos@gmail.com> <marie-claude.blais@gnb.ca>, "richard.cohen" <richard.cohen@splcenter.org>, "Richard.Williams" <Richard.Williams@gnb.ca> http://www.scc-csc.gc.ca/case- From: Charles LeBlond <cleblond@stewartmckelvey.com> Date: Thu, 22 Aug 2013 00:10:39 +0000 Subject: Automatic reply: CBC says A Neo-Nazi estate dispute will be overseen by two Jewish groups and a very corrupt Attorney General??? To: David Amos <motomaniac333@gmail.com> I will be out of the office until Monday, August 26, 2013. I will have limted acess to emails. For immediate assistance, please contact my assistant Teri at tlsoontiens@stewartmckelvey. Je serai absent du bureau jusqu'au 26 août, 2013. J'aurai un accès limité à mes courriels. Pour une aide immédiate, communiquez avec mon assistante Teri à tlsoontiens@stewartmckelvey. . ****************************** 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: Mail Delivery Subsystem <mailer-daemon@googlemail.com> Date: Thu, 22 Aug 2013 00:10:30 +0000 Subject: Delivery Status Notification (Failure) To: motomaniac333@gmail.com Delivery to the following recipient failed permanently: johnhugheslawoffice@nb.aibn. Technical details of permanent failure: Google tried to deliver your message, but it was rejected by the server for the recipient domain nb.aibn.com by mx.bellaliant.com. [4.59.182.109]. ---------- Forwarded message ---------- From: David Amos <motomaniac333@gmail.com> Date: Wed, 21 Aug 2013 21:10:29 -0300 Subject: CBC says A Neo-Nazi estate dispute will be overseen by two Jewish groups and a very corrupt Attorney General??? To: johnhugheslawoffice@nb.aibn. <gleblanc@coxandpalmer.com>, cleblond@smss.com, MLaHood@ccrjustice.org, Marissam <Marissam@yahoo-inc.com>, "ezra.levant@sunmedia.ca" <ezra.levant@sunmedia.ca>, radical <radical@radicalpress.com>, "t.wilson" <t.wilson@rcmp-grc.gc.ca>, sdllaw@gmail.com, ahussain@ccrjustice.org, lgazzola@ccrjustice.org, pastorscott <pastorscott@redemptiongate. <mratner@ccrjustice.org>, "Fred.Wyshak" <Fred.Wyshak@usdoj.gov>, "justin.trudeau.a1" <justin.trudeau.a1@parl.gc.ca> <marco.morency@petitcodiac.org "marc.garneau.a1" <marc.garneau.a1@parl.gc.ca>, "gregory.craig" <gregory.craig@skadden.com>, "gregor.robertson" <gregor.robertson@vancouver.ca <George.Soros@ <sbell@nationalpost.com>, Mark.Potok@splcenter.org, sfogel@cija.ca, iwhitehall@plaideurs.ca, pgladman@bnaibrith.ca, ABromberg@bnaibrith.ca, rmarceau@cija.ca, pam.maceachern@nelligan.ca, rdholmes@mhklaw.com, Nancy.brooks@blakes.com, paul.schabas@blakes.com, echerniak@lerners.ca, richard.cohen@splcenter.org, henry.brown@gowlings.com, staleyr@bennettjones.ca, dodged <dodged@bennettjones.com>, phoward <phoward@stikeman.com>, paul@paulfromm.com, Morris.Dees@splcenter.org, jsaikaley@plaideurs.ca, "michael.coren" <michael.coren@sunmedia.ca> Cc: "Robert. Jones" <Robert.Jones@cbc.ca>, David Amos <david.raymond.amos@gmail.com> <bernadine.chapman@rcmp-grc. <john.warr@rcmp-grc.gc.ca>, "roger.l.brown" <roger.l.brown@rcmp-grc.gc.ca> <Ian.Shardlow@rcmp-grc.gc.ca>, oldmaison <oldmaison@yahoo.com>, andre <andre@jafaust.com>, "danny.copp" <danny.copp@fredericton.ca>, "Leanne.Fitch" <Leanne.Fitch@fredericton.ca> Well who gets to oversee the malicious actions of the Attorney General? Methinks it must be mean old me. Its a dirty job but soembody has to do it. What say you? Please check the pdf file hereto attached and argue me in writing if ya dare. The Chaisson lawyer is a partner in McInnes and Cooper thus he and his partners have had Hard Copy of some of my concerns about illegal probate actions practiced against the courts by lawyers for many years. According to the CROWN Corp known as the CBC(They would not conceal awful truths would they?) Chaisson dismissed Hughes' suggestion that the Southern Poverty Law Centre is pulling strings as "a conspiracy theory." "Where is the evidence? You can't just come to court and throw wild accusations like that without any shred of evidence," said Chiasson. Well trust that I have LOTS of evidence of conspiriacies practiced by the Southern Poverty Law Center and legions of others that Chaisson and his fellow lawyers should have disclosed to John Hughes by now. Perhaps John Hughes should ignore his golfing buddies and finally call me back. He and I should bury the hachet and he should simply quit bullshitting me and ask me nicely for an affidavit and invite me to court on September 10th. The amount being argued within the McCorkell estate is chump change to me. However the Free Speech issues and the right to privacy without state intervening on behalf of unethicial "civil rights" groups certainly is not. The awful truth is the Attorney General is an elected public official. The Blais lawyer from Moncton was appointed by her mindless party leader David Alward to uphold the law not to break it for the benefit of greedy Yankees. The self appointed Jewish Groups who claim to be the gusrfians of our civil rights are no such thing that task belongs to our Justice officials. The Jewish groups should have had no standing in the mcCorkell matter whatsoever.Hell even Canadian Jewish lawyers such as Ezzy Baby Levant and Karen Selick agreed with me very publicly. To watch a corrupt Attorney General and her mindless minions side with a couple of sneaky Yankee lawyers was truly comical indeed but to see the Court of the Queen's Bench allow the nonsense of it all was way beyond ridiculous. How will the ordinary folk of New Brunswick have any idea what joke the province may become over this frivolous action if the CBC and their media buddies do not duly inform them of all sides of the matter instead of merely slandering people. How many taxpayers dollars have been spent already on secretive ex RCMP private investigators and the less that useles litigation team? It had not escaped my notice that many bloggers etc are not so easily fooled by the Corporate Media. Try Googling mccorkell new brunswick sometime to see how much of a joke Maritimers have already become no thanks to Attorney General Blais and her minions. Moncton's former city solicitor John Hughes should not have ignored me years ago so I am not surprised that he ignored once again recently. The amount of money he wants to argue before the Supreme Court is the smallest that I have ever seen. http://www.scc-csc.gc.ca/case- Trust that the pdf file hereto attached proves that I could make Hughes a very wealthy man if he were even remotely ethical and his friend Attorney General Blais and her boss Stephen Harper know it. Its just like I hinted in an email to the Yankee lawyer/preacher Scotty Baby Lively who is also battling the same SPLC dudes that I published early this morning before I heard the news today. In my humble opinion Mr Streed should use his rights in the US of A and sue everyone of the nastyCanadian bastards ASAP in a US District Court pursuant to US Title 42 Section 1982. If they wish to attack him he should at least get to pick the turf. http://thedavidamosrant. http://www.cbc.ca/news/canada/ Hughes contends the Southern Poverty Law Centre is behind the whole matter and recruited her. This is "a skillful operation by people who have done this many times, not only to bankrupt their opponents, but to enrich their own organization," he said. But her lawyer dismissed Hughes's suggestion that the Southern Poverty Law Centre is pulling strings as "a conspiracy theory." "Where is the evidence? You can't just come to court and throw wild accusations like that without any shred of evidence," said Chiasson. How his client pays her legal bills is a matter of client-attorney privilege, he said. Judge ruled against cross-examination Justice Peter Glennie ruled against allowing the cross-examination. "Cross examination under these circumstances should not become an application for discovery," he said. The judge also ruled the temporary injunction should continue until the hearing on Sept. 10. "I can't see any good coming out of this," said Chiasson, referring to the estate going to the National Alliance. "Only evil would come from that." Just in case folks think I don't understand the scene laid out above pehaps they should checkout a letter an evil Special Agent of the US Treasury Dept wrote me long ago. http://3.bp.blogspot.com/_ Or find some fun in reading illegal ex parte documents filed by the US Attorney in Beantown in order to try to protect his beloved Cardinal Bernard Francis Law's evil arse. They begin around page 100 of this file. http://www.checktheevidence. (Wanna see more? Trust that I have lots more All ya gotta do is surf the web) How about how I used US Title 42 to defend my dumb arse agains the Janet Reno's pal the VERY VERY EVIL Yankee lesbian Judge Sidney Hanlon in 2004? Everything Hanlon did against me was ex parte and VERY ILLEGAL. http://www.law.cornell.edu/ 42 USC § 1982 - Property rights of citizens US CodeNotesUpdatesAuthorities (CFR)Current through Pub. L. 113-21. (See Public Laws for the current Congress.) All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property. Source (R.S. § 1978.) Codification R.S. § 1978 derived from act Apr. 9, 1866, ch. 31, § 1,14 Stat. 27. Section was formerly classified to section 42 of Title 8, Aliens and Nationality. http://thedavidamosrant. THE COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT DORCHESTER, SS. DISTRICT COURT DEPARTMENT THE COMMONWEALTH OF ) MASSACHUSETTS ) CRIMINAL ACTION ) DOCKET NO. 0407CR004623 v . ) ) DAVID R. AMOS ) ) AFFIDAVIT OF DAVID R. AMOS Now comes, David R. Amos, a Citizen of Canada and a Legal Permanent Resident of the USA and asserts his Constitutional Rights pursuant to Title 42 Sections 1981, 1982, 1985 and 1986 of the Federal Code and freely swears under the penalties of perjury that the following statements are true and to the best of his knowledge. http://www.thefreelibrary.com/ United States Attorney General Janet Reno came to Boston today to announce the opening of the new Dorchester District Court Domestic Violence Session, under a Department of Justice grant given to Boston. The Judicial Oversight Demonstration Initiative (JOD) grant is for $7 million over five years, contingent on continued Congressional appropriations. Judge Sydney Hanlon, presiding judge of the Dorchester District Court, will run the new domestic violence session. The domestic violence court session will conduct arraignments, bail hearings, probation surrenders, and probation reviews. It will also hear all ex parte and contested civil restraining orders. http://www.mass.gov/courts/ http://wikiworldbook.com/ BTW lots of people hate lots of other people it is not illegal in most places that are blessed with common sense. However with the right to Free Speech come responsibility. Freedom has its limits in a purportedly "Just" Society. Free Speech does not give one the licence to injure others with your mouth or pen. R. v. Lucas, [1998] 1 S.C.R. 439 is the leading Supreme Court of Canada decision on defamatory libel. The Court held that the freedom of expression under Section 2(b) of the Canadian Charter of Rights and Freedoms is subject to the "reasonable limits prescribed by law" set out in Section 1 of the Canadian Charter of Rights and Freedoms. Hell some offences come with quite a price tag in the British Commonwealth. For instance libel and hate speech are illegal under the Canadian Criminal Code Check Sections 300 and 319 if you don't believe mean old me. http://laws-lois.justice.gc. http://laws-lois.justice.gc. For instance the Jewish lawyer Ezzy Baby Levant can have fun preaching hate on Corporate TV against fools as Arty Topham and legions of mindless anarchists but just like all of you Ezzy dares not to even breathe my name over the public airwaves if he wishes to keep his job. This is a comical video. http:// http://www.radicalpress.com/? The wacko Arthur Topham that Ezzy Bay speaks of quite simply does not know when to shut up. Even while he is being prosecuted under Section 319 and after his strange lawyer Dougy Christie has shit the bed Arty baby continues to hang himself with his own words. Look what the evil bastard publishes about a Jewish lady lawyer just because he did not like her opinion of Southern Poverty Law Center's nasty actions against the McCorkell estate. http://www.radicalpress.com/? However if you think Arty Topham and his Hitler worshipers are bad, trust that you ain't seen nothing yet. Check out Ezzy Levant's # 1 fan and fellow zionist. Ask yourself howcome Mr Baconfat can get away with publishing such evil things about the Canadian Human Rights Commissioners and many others for years? http://baconfat53.blogspot.ca/ http://baconfat53.blogspot.ca/ http://baconfat53.blogspot.ca/ http://baconfat53.blogspot.ca/ http://baconfat53.blogspot.ca/ Better yet howcome Arty Topham is too afraid to defend himself from Mr Baconfat? Howcome Byron Prior is not allowed to? http://baconfat53.blogspot.ca/ Friday, October 9, 2009 ByronPrior...euthenasia, lobotomy? As I research the Byron Prior story it seems like a tragedy that could only happen in Newfoundland . Byron Prior's siblings has been abused by generations of his own parents. Such abuse tolerated and enabled by Bryron Prior's father, and by the entire community from which he is from. That is the crime here. It would surprise me to find out that either Byron or one of his siblings is or was the product of incest. Arthur Topham has writen this about the Byron Prior case with the assistance and consent of Audrey Prior, Byron Prior's wife. On March 28th of this year (2009) I received a short email from Byron Prior, an associate out in Newfoundland, who I have been in email contact with for a number of years. His case, as explained in the websites listed in his email below, is most likely one of the best examples of the power of the provincial and federal courts, aided and abetted by a complicit media, to shield themselves and their political cohorts from the scrutiny of public investigation. Byron’s case is a classic, albeit a relatively unknown one, that epitomizes the level of corruption which exists within Canada’s politically biased judicial system and how that system becomes criminal itself in its overt and covert methodologies used to shield the perpetrators of sexual abuse. When people of power are accused of wrongdoing and there is good reason for inquiries to be held then those in such positions exploit their influence for their own self-serving benefit and to the detriment of our justice system as a whole. Byron Prior’s case, like my own fight with B’nai Brith Canada and the Canadian Human Rights Commission, is purposely kept hidden in the twilight and shadows constructed by the Zionist-controlled mainstream media. Our situations are quite different in terms of the underlying reasons for the persecutions we face but the fact that the system itself is abusing us both is beyond question. In my case the “crime” is speaking the truth as I see it about the Rothschild Zionist global conspiracy. In Byron’s case the circumstances are far beyond anything so threatening as the intellectual attack that I am being subjected to by the state and its Zionist manipulators. His story is a macabre horror story compared to my own, the details of which would provide ample subject matter for a full length documentary. The reaction, by Canada’s legal system, to his noble and sincere efforts to gain both recognition and justice are frightening and ominous. We have heard Dean Roger Ray tell everyone that freemasons raped Byron Prior's sister. He has told us the "cover-up"has been perpertrated, by freemasons, Jesuits, and the illuminati. Now conspiracy retard Arthur Topham claims kinship with Byron Prior and the involvment of the "State" and the "Zionists" in his "case" and the Byron Prior tragedy. Last evening over drinks at "a faculty club" at the U of A, I asked two members to the Faculty of Law if they knew anything of Mr. Priors case. Both relied NOTHING other than two "Charter issues" that have recently dealt with by the Newfoundland Supreme Court . Indeed he was exculpated and acquitted. None ofus are sure exactly why Mr.Prior's sexual assault allegations were fully investigated and that there was NOT enough evidence to lay charges...especially considering the time that has elapsed. As I understand it ...there is NO legal means given the lack of evidence to compel Mr. Hickman to provide a DNA sample. In fact his CharterRights preclude that. That begs the question are Mr. Priors Charter Rights more important or relevant than Mr. Hickman's? So what is justice here? Mr. Hickman ought not be compelled to provide body samples merely because Byron prior accuses his of something without evidece, reseasonable or probable cause.There appears to be NO FACTS in this matter, no evidence to compel further proceedings. So now with Byron Priors ecouragement the conspiracy constitency has embraced his cause. The Zionists are to blame, the freemasons raped his sister ad nauseum...whereas the only conspiracy I see.....is in Byron Prior's community and his family...they have alll covered up this disgusting, inhuman incestuous abuse for generations . Byron Prior is obviously insane ..after all this who wouldn't be...he should provide the evidence of his allegations to compel a DNA sample ...simply accept the fact there are no legal grounds to forciably obtain one. Byron Prior has made a bargain with the devil embracing conspiracy retards.....he should just put in a deep dark hole. Posted by Seren at 5:02 AM http://qslspolitics.blogspot. Truth matters Defamation law that ignores truth ruled unconstitutional Peter Walsh - The Telegram (St. John's, NFLD) Tuesday, May 6 The Supreme Court of Newfoundland has ruled a law that could send someone to prison for defamation is unconstitutional. Justice Lois Hoegg made the decision Friday. Her ruling also struck down a criminal case by Crown prosecutors against Byron Prior of Grand Bank. Prior claims that in 1966, a justice official in the province raped and impregnated one of his relatives. Crown attorneys say Prior wore placards and distributed flyers which published the allegations. The Royal Newfoundland Constabulary interviewed Prior's relative in 2004 and in 2007, but the alleged victim denied she had been sexually assaulted or that she even knew the person Prior said had attacked her. Crown prosecutors tried to convict Prior of defamation under Section 301 of the Criminal Code, which says "everyone who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years." The problem is, Hoegg said, the Crown couldn't prove that Prior was knowingly spreading lies. "I find that it is not justified, in our free and democratic society, for the Crown to use the heavy hammer of the criminal law against a subject for publishing defamatory libel when the Crown is not able to show that the subject knows that his statements are false. "The expression of truthful, unpopular or even false statements deserve protection unless expressed in a violent manner," wrote Hoegg. Hoegg said if the Crown could prove Prior knowingly published defamatory libel, it would have charged him under a different section of the criminal code that says "everyone who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years." That law has withheld court challenges. Section 301 - the law which does not mention the matter of truth - has been struck down as unconstitutional by three other superior courts in Canada. "The sections catch different types of offender. To me, it naturally follows that their purpose or objectives must be different," wrote Hoegg. "I then determined that the objective (of Section 301) was not so pressing and important as to override freedom of expression. The section is offensive to modern day notions of justice." The decision only applies to criminal applications of defamation law. Hoegg said Prior could possibly be sued in civil court over his allegations. Three years ago, a federal politician filed a statement of claim in the Supreme Court of Newfoundland and Labrador to have a website that contained allegations about him by Prior removed. In the statement, the politician said a website posted by Prior accuses him and other prominent Newfoundlanders of wrongdoing. A website containing the allegations is still active ( see 1). Prior claims to be a victim of physical and sexual abuse. pwalsh@thetelegram.com 709-364-2323 Dan F said... 2005 01 T 0010 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR TRIAL DIVISION BETWEEN: WILLIAM MATTHEWS PLAINTIFF AND: BYRON PRIOR DEFENDANT AND BETWEEN: BYRON PRIOR DEFENDANT/PLAINTIFF BY COUNTERCLAIM AND: WILLIAM MATTHEWS PLAINTIFF/FIRST DEFENDANT BY COUNTERCLAIM AND: T. ALEX HICKMAN SECOND DEFENDANT BY COUNTERCLAIM AND: THOMAS MARSHALL THIRD DEFENDANT BY COUNTERCLAIM AND: DANNY WILLIAMS FOURTH DEFENDANT BY COUNTERCLAIM AND: EDWARD M. ROBERTS FIFTH DEFENDANT BY COUNTERCLAIM AND: JOHN CROSBIE SIXTH DEFENDANT BY COUNTERCLAIM AND: PATTERSON PALMER SEVENTH DEFENDANT BY COUNTERCLAIM SUMMARY OF CURRENT DOCUMENT Court File Number(s):2005 01 T 0010 Date of Filing of Document: 25 January 2005 Name of Filing Party or Person: Stephen J. May Application to which Document being filed relates: Amended Application of the Plaintiff/Defendant by Counterclaim to maintain an Order restricting publication, to strike portions of the Statement of Defence, strike the Counterclaim in it's entirety, and to refer this proceeding to case management. Statement of purpose in filing: To maintain an Order restricting publication, to strike portions of the Statement of Defence, strike the Counterclaim in its entirety and refer this proceeding to case management. A F F I D A V I T I, Stephen J. May, of the City of St. John's, in the Province of Newfoundland and Labrador, Barrister and Solicitor, make oath and say as follows: THAT I am a Partner in the St. John's office of PATTERSON PALMER solicitors for William Matthews, the Member of Parliament for Random-Burin-St. George's in the Parliament of Canada. THAT Mr. Matthews originally retained Mr. Edward Roberts, Q.C. on or about 30 April 2002 after Mr. Byron Prior, the Defendant/Plaintiff by Counterclaim, had made allegations against Mr. Matthews in a publication called "My Inheritance - The truth - Not Fiction: A Town with a Secret". In that publication, the allegation was made that Mr. Matthews had had sex with a girl who had been prostituted by her mother. That girl was alleged to have been Mr. Prior's sister. THAT upon being retained, Mr. Edward Roberts wrote a letter to Mr. Prior. That letter to Mr. Prior is attached as Exhibit "1" to my Affidavit. THAT subsequent to Mr. Roberts' letter to Mr. Prior, Mr. Roberts received a 1 May 2002 e-mail from Mr. Prior. That e-mail is attached as Exhibit "2". THAT subsequent to Mr. Roberts receipt of the e-mail, Mr. Prior swore an Affidavit acknowledging that what had been said in that publication was false. That Affidavit is attached as Exhibit "3" to my Affidavit. Following Mr. Roberts' receipt of that Affidavit, Mr. Matthews advised that he was satisfied not to pursue the matter any further and our firm closed our file. THAT on or about 25 October 2004, I was retained by Mr. Matthews following his gaining knowledge that a web site, made a series of allegations against him relating to my having sex with a girl of approximately 12 years old through to an approximate age of 15 years old. It also accused him of being a father of one of her children and accused him of having raped that girl. Upon checking the web site I saw that Byron Prior, the Defendant, had been identified as the author of the material on the site. THAT Mr. Matthews instructed me to write Mr. Prior, to remind him of the fact that the allegations had been admitted to being false through a 16 May 2002 Affidavit to advise him of Mr. Matthews' intentions to commence legal proceedings if the comments were not removed from the web site. A copy of my letter to Mr. Prior is attached as Exhibit "4" to this Affidavit. THAT I attach as Exhibit "5" a transcript from a 5 November 2004 voicemail left by David Amos, identified in the voicemail as a friend of Mr. Prior. THAT I attach as Exhibit "6" a portion of a 6 November 2004 e-mail from Mr. Amos. THAT until I received his voicemail and e-mail, I had never heard of Mr. Amos. THAT Mr. Amos has continued to send me e-mail since his 5 November e-mail. Including his 6 November 2004 e-mail, I have received a total of 15 e-mails as of 23 January 2005. All do not address Mr. Matthews' claim or my involvement as Mr. Matthews' solicitor. I attach as Exhibit "7" a portion of a 12 January 2005 e-mail that Mr. Amos sent to me but originally came to my attention through Ms. Lois Skanes whose firm had received a copy. This e-mail followed the service of the Statement of Claim on 11 January 2005 on Mr. Prior. I also attach as Exhibit "8" a copy of a 19 January 2005 e-mail from Mr. Amos. THAT I attach as Exhibit "9" a copy of a 22 November 2004 letter addressed to me from Edward Roberts, the Lieutenant Governor of Newfoundland and Labrador covering a 2 September 2004 letter from Mr. Amos addressed to John Crosbie, Edward Roberts, in his capacity as Lieutenant Governor, Danny Williams, in his capacity as Premier of Newfoundland and Labrador, and Brian F. Furey, President of the Law Society of Newfoundland and Labrador. I requested a copy of this letter from Government House after asking Mr. Roberts if he had received any correspondence from Mr. Amos during his previous representation of Mr. Matthews. He advised me that he received a letter since becoming Lieutenant Governor, portions of which involved his representation of Mr. Matthews. Mr. Roberts' letter also covered his reply to Mr. Amos. THAT I attach as Exhibit "10" an e-mail from Mr. Amos received on Sunday, 23 January 2005. THAT I swear this Affidavit in support of the Application to strike Mr. Prior's counterclaim. SWORN to before me at St. John's, Province of Newfoundland and Labrador this 24th day of January, 2005. Signed by Della Hart STEPHEN J. MAY Signature STAMP DELLA HART A Commissioner for Oaths in and for the Province of Newfoundland and Labrador. My commission expires on December 31, 2009 May 9, 2008 at 11:24 PM David Raymond Amos said... Nighty night Danny Doy. Trust that you Fake Left Dudes know less than nothing about Byron Prior and whatever I learned it was byway of the school of hard knocks. With luck you are about to get one too Danny Boy. Heres hoping I will see your local heroes T.J. Burke and Chucky Leblanc in court soon let me know if your school gives ya the boot will ya? I need a good laugh. I am feeling as mean as a snake Werner lost three cattle just this week like you give a good god damn EH? http://www.cbc.ca/news/canada/ Neo-Nazi estate dispute to be overseen by Jewish groups Two Jewish groups and New Brunswick attorney general to weigh in on case CBC News Posted: Aug 21, 2013 10:36 AM AT Three outside groups will be allowed to weigh in on a legal dispute over a New Brunswick man’s estimated $250,000 estate being left to an American neo-Nazi group. Robert McCorkill died in 2004, leaving $250,000 in artifacts and investments to the National Alliance, a white supremacist group in the United States. Robert McCorkill lived in Saskatoon and Ottawa before moving to Saint John, where he died in 2004. (Southern Poverty Law Center)McCorkill's sister, Isabelle McCorkill, wants the will quashed and filed an injunction last month. When the matter goes to court in September, two prominent Jewish groups and the provincial attorney general will join her side. Anita Bromberg is the head of legal affairs with B'nai Brith Canada — one of three groups granted intervener status in the McCorkill case. She said neo-Nazi beliefs are on the rise in Europe and a six figure gift to the National Alliance could breathe life into the movement here. "There's still an attraction to this philosophy, and to revive it is a dangerous concept," she said. B'nai Brith will be joined by the Centre for Israel and Jewish Affairs, another of the interveners. Richard Marceau, the general counsel for the Centre for Israel and Jewish Affairs, shares Bromberg’s concerns. "The National Alliance is much weaker than it was in the past and we don't want to take any chances of money breathing new life into it," he said. The province of New Brunswick, represented by the attorney general, will also have standing at next month's hearing. All the interveners will be able to make submissions, trying to convince the court to wipe away McCorkill's will. The lawyer representing the interests of the National Alliance did not object to any of the group's weighing in. Rare coins, ancient weapons collection The collection includes Greek and Roman coins that are thousands of years old, an ancient Iranian sword, Neolithic arrowheads and an Egyptian stone tablet from the 13th Dynasty, according to a 55-page appraiser's report from August 2010. McCorkill was born in 1937, the son of a farmer in Bearbrook, Ontario. He became a chemist and lived in Saskatoon in the 1990s, when he joined the National Alliance. The University of Saskatchewan's Museum of Antiquities was lent a portion of his coin collection and put it on display for several years. When McCorkill moved to Ottawa around 2000, he took his collection with him. Some of his artifacts remain on loan to the University of Ottawa's Museum of Classical Antiquities. He's buried in Saint John's Fernhill Cemetery | |
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