Wednesday 14 February 2018

The Testimony of Dr Paul Heroux

---------- Original message ----------
From: Brian Gallant <briangallant10@gmail.com>
Date: Wed, 14 Feb 2018 05:36:38 -0800
Subject: Merci / Thank you Re: Re;: Matter 375 - NB Power 2018-2019
General Rate Application - Notice of Objection to Intervener Request
and the testimony of Dr Paul Heroux

To: motomaniac333@gmail.com

(Français à suivre)

If your email is pertaining to the Government of New Brunswick, please
email me at brian.gallant@gnb.ca

If your matter is urgent, please email Greg Byrne at greg.byrne@gnb.ca

Thank you.

Si votre courriel s'addresse au Gouvernement du Nouveau-Brunswick,
‎svp m'envoyez un courriel à brian.gallant@gnb.ca

Pour les urgences, veuillez contacter Greg Byrne à greg.byrne@gnb.ca

Merci.


---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Wed, 14 Feb 2018 13:37:10 +0000
Subject: Automatic reply: Re;: Matter 375 - NB Power 2018-2019 General
Rate Application - Notice of Objection to Intervener Request and the
testimony of Dr Paul Heroux

To: David Amos <motomaniac333@gmail.com>

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This is the correct email address for requests for news coverage and
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---------- Original message ----------
From: Scott Stoll <sstoll@airdberlis.com>
Date: Wed, 14 Feb 2018 13:37:18 +0000
Subject: Automatic reply: Re;: Matter 375 - NB Power 2018-2019 General
Rate Application - Notice of Objection to Intervener Request and the
testimony of Dr Paul Heroux

 To: David Amos <motomaniac333@gmail.com>

I will be out of the office at a hearing that is scheduled to last
until February 28th, 2018.  During this time, I will have very limited
access to email and voicemail. I will endeavour to respond to emails
during the evening.  If you require immediate assistance please
contact my assistant Alison Reynolds at (416) 863-1500 and she will
direct you to the appropriate lawyer.


---------- Original message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Wed, 14 Feb 2018 13:44:34 +0000
Subject: RE: Re;: Matter 375 - NB Power 2018-2019 General Rate
Application - Notice of Objection to Intervener Request and the
testimony of Dr Paul Heroux

To: David Amos <motomaniac333@gmail.com>

Thank you for your email to the Energy and Utilities Board.

This is to acknowledge receipt of the document you have filed with the Board.


***

La Commission de l’énergie et des services publics vous remercie pour
votre courriel.

Nous accusons réception du document que vous avez déposé auprès de la
Commission.


N.B. Energy and Utilities Board
Commission de l’énergie et des services publics du N.-B.
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-----Original Message-----
From: David Amos [mailto:motomaniac333@gmail.com]
Sent: Wednesday, February 14, 2018 9:36 AM
To: NBEUB/CESPNB <General@nbeub.ca>; Mitchell, Kathleen
<Kathleen.Mitchell@nbeub.ca>; david.sollows@gnb.ca;
Gilles.volpe@enbridge.com; Paul.Volpe@enbridge.com;
dave.lavigne@enbridge.com; Hoyt, Len <len.hoyt@mcinnescooper.com>;
jeffery.callaghan@mcinnescooper.com; rzarumba@ceadvisors.com;
bdavis@ceadvisors.com; toneill@ceadvisors.com;
KissPartyofNB@gmail.com; hanrahan.dion@jdirving.com;
cstewart@stewartmckelvey.com; jfurey@nbpower.com;
lcozzarini@nbpower.com; wharrison@nbpower.com; srussell@nbpower.com;
NConnellyBosse@nbpower.com; NBPRegulatory@nbpower.com

 Lawton, John <John.Lawton@nbeub.ca>; Desmond, Ellen <ecdesmond@nbeub.ca>; Dickie, Michael <Michael.Dickie@nbeub.ca>; Young, Dave <Dave.Young@nbeub.ca>;
twoolf@synapse-energy.com; ktakahashi@synapse-energy.com;
anapoleon@synapse-energy.com; ahopkins@synapse-energy.com;
jmarusiak@synapse-energy.com; chris_r_31@hotmail.com;
heather.black@gnb.ca; rdk@indecon.com; avitulli@indecon.com;
efinamore@valutechsolutions.com; rrichard@nb.aibn.com;
sussexsharingclub@nb.aibn.com; jeff.garrett@sjenergy.com;
dan.dionne@perth-andover.com; pierreroy@edmundston.ca;
ray.robinson@sjenergy.com; marta.kelly@sjenergy.com;
sstoll@airdberlis.com; pzarnett@bdrenergy.com;
leblanc.daniel.m@gmail.com; jtodd@elenchus.ca; paul.heroux@mcgill.ca;
oldmaison <oldmaison@yahoo.com>; andre <andre@jafaust.com>; 

 jbosnitch <jbosnitch@gmail.com>; 
BrianThomasMacdonald <BrianThomasMacdonald@gmail.com>; 
bruce.fitch <bruce.fitch@gnb.ca>; serge.rousselle <serge.rousselle@gnb.ca>; 
rick.doucet <rick.doucet@gnb.ca>
Cc: David Amos <david.raymond.amos@gmail.com>

Robert. Jones <Robert.Jones@cbc.ca>; brian.gallant <brian.gallant@gnb.ca>;
David.Coon <David.Coon@gnb.ca>; Dominic.Cardy <Dominic.Cardy@gnb.ca>;
news <news@dailygleaner.com>; newsroom <newsroom@globeandmail.ca>;
news <news@kingscorecord.com>
Subject: Re;: Matter 375 - NB Power 2018-2019 General Rate Application

- Notice of Objection to Intervener Request and the testimony of Dr Paul Heroux


Whereas the EUB vice-chairman Francois Beaulieu said McGill University
physicist Paul Heroux can testify as a non-expert this morning in order to 

explain where the Russian standard comes from then he and all the lawyers 
involved in this matter can easily explain this email N'esy Pas?


My records show that my friend Roger Richard was not included in the email below but 
he has informed me that NB Power forwarded him a copy of it later


---------- Original message ----------
From: NBP Regulatory
Sent: Monday, October 30, 2017 6:36 AM
To: Mitchell, Kathleen ; Furey, John ; Russell, Stephen ; Harrison,
Wanda ; NBP Regulatory ; Connelly Bosse, Natacha ;
mailto:Heather.Black@gnb.ca ; Lawton, John ; Desmond, Ellen ; Dickie,
Michael ; Young, Dave ; NBEUB/CESPNB ; Dion Hanrahan (J.D. Irving
Limite) ; mailto:cstewart@smss.com ; KissPartyofNB@gmail.com ;
david.raymond.amos@gmail.com ; Paul Volpe (Enbridge Gas NB) ; Dave
Lavigne (Enbridge Gas NB) ; Gilles.volpe@enbridge.com ; Len Hoyt, Q.C.
(Counsel Enbridge Gas NB) ; sussexsharingclub@nb.aibn.com ;
chris_r_31@hotmail.com ; Cozzarini, Lilia
Subject: Matter 375 - NB Power 2018-2019 General Rate Application -
Notice of Objection to Intervener Request

Good morning,

Please find attached a Notice of Objection to the Intervener Request
submitted by Mr. David R. Amos for the Board’s consideration at the
October 31, 2017 Pre-Hearing conference.

Thank you.

      Lilia Cozzarini | Regulatory Officer

      NB Power Corporation

      515 King Street | Fredericton NB | E3B 5G4

      Office: 506 458 4022 | Cell: 506 470 4156 | Fax: 506 458 4000

      lcozzarini@nbpower.com


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www.nbeub.ca/opt/M/get_document.php?doc=31428&no=21322


NEW BRUNSWICK ENERGY AND UTILITIES BOARD
NB Power 2018/19 General Rate Application (the “Proceeding”)

NOTICE OF OBJECTION TO INTERVENER REQUEST
(Rule 3.2.7)

TO: New Brunswick Energy and Utilities Board

AND TO: All parties registered as Proposed Intervenors in the above noted matter

WHEREAS New Brunswick Power Corporation (“NB Power”) is required, pursuant to Section 103(1) of the Electricity Act, SNB 2013, c. E-7, as amended, (the “Act”) to apply 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;

AND WHEREAS NB Power filed its Application related to this Proceeding on October 5, 2017;

AND WHEREAS on October 6th, 2017 Mr. David R. Amos filed an Intervener Request under Rule 3.2 of the Board’s Rules of Procedure;

TAKE NOTICE THAT NB Power objects to the granting of Intervener status to Mr. David R. Amos, for the following reasons:

(1) Pursuant to Rule 3.2.2 of the Rules of Procedure, a person filing an Intervener Request must demonstrate both a substantial interest in the Proceeding and an intent to participate actively and responsibly.

(2) Under the provisions of Rule 3.2.4, an Intervener Request must contain, among other things, a description of the nature of the proposed Intervener’s interest in the Proceeding and how that interest justifies the granting of Intervener status, as well as a description of the nature and scope of the proposed Intervener’s participation and the issues that participation is intended to address.

(3) NB Power submits that the Intervener Request filed by Mr. Amos does not demonstrate that he has a substantive interest in the proceedings, and does not meet the requirements of Rule 3.2.4, as it is silent on the nature of his interest, his intended participation, and the issues he wishes to raise in the Proceeding.

(4) NB Power further submits that material filed by Mr. Amos with the Board in another proceeding demonstrates that he does not meet the requirement of participation in a responsible manner. To the contrary, NB Power submits that Mr. Amos is a vexatious litigant, and should not be permitted to participate in this Proceeding.

(5) NB Power relies upon documents submitted by Mr. Amos to NB Power, members of the media, members of the Legislative Assembly, as well as the Board, by email dated June 14, 2017, which documents were subsequently referenced by Mr. Amos in email correspondence dated September 19, 2017 in Matter 357 (Appendix “A”). These documents disclose a pattern of confrontational behaviour characterized by unsubstantiated allegations of unethical or illegal behaviour by various political figures, Judges, lawyers and law enforcement officials. In particular, these documents disclose the following:

(a) Mr. Amos has been barred from the New Brunswick Legislative Assembly by its Sergeant-at-Arms, on the basis of harassment of MLAs, Officers and Staff of the Legislative Assembly. A copy of the Barring Notice dated June, 2006 is attached hereto as Appendix “B”.

(b) In September of 2004, Mr. Amos filed a complaint against unnamed Fredericton police officers with the New Brunswick Police Commission. This complaint related to unspecified actions of the Fredericton Police Department in assisting the Sergeant-at-Arms of the Legislative Assembly in banning Mr. Amos from the Legislative Assembly buildings in June of 2004. The complaint was dismissed after a preliminary investigation on the basis of Mr. Amos’ failure to provide support for his allegations, and a finding that the officers involved acted appropriately. Mr. Amos’ letter of complaint and various correspondence in reply are attached hereto as Appendix “C”.

(c) In September of 2004, Mr. Amos filed a complaint with the Judicial Council of New Brunswick alleging misconduct and “wrongful acts” on the part of His Honour Judge Henrik Tonning, as well as Solicitor David Lutz, Q.C. The Judicial Council process ultimately dismissed the claim and found that there was no misconduct on the part of Judge Tonning. Mr. Amos’ letter of complaint, the various replies and his Affidavit relating to the underlying criminal proceeding are attached hereto as Appendix “D”.

(d) In 2005, Mr. Amos filed a complaint with Public Service Integrity Office of the Government of Canada. The reply from the Public Service Integrity Office is attached hereto as Appendix “E”.

(e) Mr. Amos is involved in a matter before the Federal Court of Appeal, in which he appears to allege a conflict of interest on the part of a Judge or Judges assigned to hear the appeal. Attached hereto as Appendix “F” is a memorandum to the Federal Court of Appeal Registry in which the Registry is asked to notify the parties to the appeal that Mr. Amos has the right to file a summary to “explain the exact conflict that, in his view, arises in this matter with any of the Judges assigned to this appeal”.

(f) In March of 2006 Mr. Amos filed complaints with the Privy Council Office, the Speaker of the Senate of Canada, the Commissioner for Federal Judicial Affairs, the federal Ethics Commissioner, Members of the Legislative Assembly and the former Chair of the Board of Directors of NB Power alleging unspecified unethical behavior. In May of 2005 a similar letter was sent to, among other people, the Assistant Director of the FBI. Mr. Amos’ letters are attached hereto as Appendix “G”.

(g) Mr. Amos has communicated with various agencies of the United States government, including the Federal Bureau of Investigation, Homeland Security, the Securities and Exchange Commission, the United States Senate and Congress, the Office of the Attorney General of the State of New York, and the United States Department of Justice, which communications appear to generally allege misconduct on the part of a number of federal agencies. Various replies by these agencies to Mr. Amos are attached hereto as Appendix “H”.

(6) Mr. Amos has been granted Intervener status by the Board in Matter 357. In that Proceeding, Mr. Amos brought a Motion seeking reconsideration of a previous Order of the Board related to the timing of the hearing of Matter 357, which Motion was heard by conference call on October 5th 2017. A copy of the transcript of the hearing is attached hereto as Appendix “I”. NB Power submits that Mr. Amos’ conduct during the hearing of the Motion may be characterized as confrontational, and that his arguments lacked any connection to the issue before the Board. In response to a question by the Board Chairman as to whether Mr. Amos had any further arguments to present, Mr. Amos replied as follows:
“Yes. Can you think of one good reason why I don’t sue you Mr. Gorman? You have my documents. Do you understand what are on file in your Board? Do you not see where I am already in Federal Court suing the Queen? Did I not properly introduce myself before you allowed me to be an intervener? Did not I explain my issues to this Board in no uncertain terms on June 15th?”

(7) NB Power submits that Mr. Amos’ pattern of behavior continues, and that he has demonstrated that he will not participate in this Proceeding in a responsible fashion. Accordingly, NB Power requests that the Board deny Mr. Amos’ Intervener Request.

DATED at Fredericton, New Brunswick, this 30th day of October, 2017.

New Brunswick Power Corporation

Wanda J. Harrison
Chief Legal Officer
P.O. Box 2000
515 King Street
Fredericton, NB E3B 4X1
Telephone: (506) 458-3372
Facsimile: (506) 458-4319

http://www.nbeub.ca/opt/M/browserecord.php?-action=browse&-recid=560

10/31/2017      Pre-Hearing / Conférence préalable à l'audience

NB  Power  Objection  to  Intervener  Status  -  David  Amos    10/30/2017

NB  Power  Notice  of  Objection  -  Appendix  A        10/30/2017

NB  Power  Notice  of  Objection  -  Appendix  B        10/30/2017

NB  Power  Notice  of  Objection  -  Appendix  C        10/30/2017

NB  Power  Notice  of  Objection  -  Appendix  D        10/30/2017

NB  Power  Notice  of  Objection  -  Appendix  E        10/30/2017

NB  Power  Notice  of  Objection  -  Appendix  F        10/30/2017

NB  Power  Notice  of  Objection  -  Appendix  G        10/30/2017

NB  Power  Notice  of  Objection  -  Appendix  H        10/30/2017

NB  Power  Notice  of  Objection  -  Appendix  I        10/30/2017




02/09/2018      Hearing - Day 3/ Audience - 3ième jour

Page 592

 BY THE BOARD:

  VICE-CHAIRMAN:  Thank you, Ms. Desmond.  So I think we do have -- as
Board members we do have a couple of questions to ask.  So I will
start.  I am looking at your current business case that you have
before us with your total project contribution of minus $1.3 million.
And from the evidence that we have heard the last couple of days, is
that you consider this as a breakeven number, and I think that that's
what you were telling us, Ms. Clark.
        So the normal individual, your rate customer, would you not
think that he would not perceive your $1.3 million as a breakeven
number?

  MS. CLARK:  I guess in the context in which I was using breakeven is
it is an investment rationale document and it's intended to cover the
life cycle costs of the program, and those are assumptions and it's
hovering very close to zero when you look at it over the life cycle.
I think in the last few days of the hearing, we have indicated that
it's more than breakeven and would even say that if we were to
incorporate the adjustments, and the undertaking we just took from Ms.
Desmond to provide the adjustments that were recommended in the
Synapse report, we are looking at an investment rationale that is
leaning closer to probably $10 million or 8 or $9 million.  And if we
were to quantify some of those non-quantifiable benefits and be less
conservative in some of the estimates that we put in the investment
rationale document, I think we could easily get to a $10 million
improvement.
        Again, and I know you have heard this before, the intention
was to come in as conservative as possible, and know that we had all
the potential upside.  In hindsight, perhaps we should have taken a
different approach, but I do believe that we can demonstrate that we
have a positive investment rationale as well.

  VICE-CHAIRMAN:  So there was discussion around -- and I think it was
brought forward by Mr. Bourque and Dr. Richard, all about -- and Ms.
Desmond regarding the option of option in and option out.  Have you
surveyed your current residential customers to see who will opt in and
who will opt out before making $123 million investment?

  MS. CLARK:  Customer engagement is a big part of this project, and
we are as concerned as you would be about making that sort of an
investment.  So we will be doing, as part of our customer engagement,
but part of it is the focus group that we did early on is people don't
understand what the smart meter is, so part of it would be around
education of what the smart meter is and the benefits it can provide
to customers.  So we need to educate our customers first and then
allow them to make an informed decision.  So that will be part of the
roll-out plan and we will check and adjust along the way.  If there
are issues concerning the social engagement or a customer's uptake,
you know, this is very similar to what has been done in other
jurisdictions and they haven't had those challenges, but if we did, we
certainly wouldn't be looking at making an investment of this size
without having the customer with us.

  VICE-CHAIRMAN:  Well don't you think, Ms. Clark, that you should
have your educational piece before the Board approves $123 million
spend?

MS. CLARK:  I recognize the challenge.  The commitment the utility
would make is, as part of the project itself, we would be doing --
undertaking the engagement process with our customers again starting
with the education piece.
       Assuming that was positive, we would proceed and we are
prepared to give the Board updates, as we come forward, either through
the general rate application or through any other process including
the quarterly updates we are providing at this point in time on our
infrastructure, so that can be done and conditional with the approval
of the project.

  VICE-CHAIRMAN:  So I am trying to understand the objective of the
AMI, and there was discussion, so can -- and I am having a little bit
of difficulty understanding what is the objective or objectives that
you are trying to do with AMI?


Page 601

VICE-CHAIRMAN:  I was a bit surprised when I heard this morning and
yesterday that you are entering into a contract at the end of February
and is that with respect to the purchase of the smart meters?

  MS. CLARK:  That's correct.

  VICE-CHAIRMAN:  So how can you enter into a contract without the
firm approval of this Board, if we are going to approve or not the
AMI?  How prudent is that?

  MS. CLARK:  So we are at the end stages of the contract in terms of
just the final terms and conditions, but we have been very clear that
we -- with the vendor -- and they recognize that, because we also have
Nova Scotia Power, who is part of our consortium, who also needs Board
approval.  So should we not get -- this is conditional on EUB
approval.  So should we not get EUB approval, the contract would not
proceed.

  VICE-CHAIRMAN:  Now there was discussion yesterday, I think it was
with Mr. Stoll regarding time of use and time based pricing, and so I
went through the evidence this morning, and in your main evidence, and
I think one of the objective of having the AMI going forward to a time
of use price structure -- rate structure.  So am I understanding that
correctly?

  MS. CLARK:  That is correct.  And in the evidence, we did answer an
interrogatory on that and you will see that AMI is an enabler for time
varying rates in the Energy Smart NB Plan.  And we did have time
varying rates included in our investment rationale.  We took it out,
because we couldn't -- we couldn't pinpoint without more detail as to
what those time varying rates may be and the benefit of those, so we
took them out of the investment rationale at this point in time, but
certainly it's something that we are looking at in the future.


  VICE-CHAIRMAN:  So the fundamental question here is that the Board
should heard -- or hear Matter 357 before approving the AMI?  So if we
don't approve time of use, that basically what will happen with your
AMI, I mean it's -- if we don't approve the time of use, which we are
going to hear next year, how can we proceed in approving the AMI
before we look at the rate structure?

  MS. CLARK:  As we have talked about in our investment rationale,
there are a number of other benefits to both the customer and to the
utility over and above time varying rates that we believe are
important for the utility and for the movement forward of our Energy
Smart New Brunswick plan.  Many of those benefits accrue to the
customer.  And many of those benefits accrue to the utility and
ultimately the customer.  So even if we were not to move in the
direction of time varying rates, we believe that the investment
rationale supports the AMI installation based on the other investment
-- or based on the other benefits that it provides.



NB  Power  Notice  of  Objection  -   10/30/2017


10/31/2017      Pre-Hearing / Conférence préalable à l'audience


Page 84

CHAIRMAN: All right. I will now give the decision of the Board on this matter.

Mr. Amos seeks intervenor status in Matter 375. NB Power objects to
his intervention claiming his conduct during the hearing of a motion
in Matter 357 was confrontational  and that his arguments lacked any
connection to the issues  before the Board. The Board agrees with that
assessment.

In the present matter, Mr. Amos was given ample  opportunity to put
forward a case that would support a respectful and responsible
intervention. He failed to do so, rolling forward issues raised in
Matter 357 and not addressing the issue before us today.

Mr. Amos states that the interests he would bring before  the Board
are those raised by Mr. Bourque and Mr. Richard. The Board is
satisfied that those two intervenors can  adequately represent those
issues. In addition, those  issues will undoubtedly be addressed by
the Public Intervenor and others.

Page 85

The Board finds on a balance of probability that Mr. Amos will not
participate in this matter in a respectful and  responsible manner. As
a result, the Board will exercise  its discretion and refuse
intervenor status to Mr. Amos. Intervention is encouraged but it must
be responsible.

Mr. Amos may participate in the public session which date  will be
announced shortly. But again he is reminded that  any presentation
must be done in a respectful and  responsible manner.

Finally, Mr. Amos had indicated that he wished to assist  his two
colleagues that are sitting with him today. And  certainly the Board
has no issue with that at all. But Mr. Amos will have no status at the
hearing in terms of  cross-examination or making any argument.
So that is the decision of this Panel with respect to the status of Mr. Amos.

Are there any other issues to deal with today? There being no other
issues, then we will adjourn.



http://www.cbc.ca/news/canada/new-brunswick/nb-power-smart-meters-health-risk-1.4534318


NB Power defends smart meters against claims of public health risk

Environmentalist raised concerns of radio frequency emissions during EUB hearings

Robert Jones · CBC News · Posted: Feb 14, 2018 5:00 AM AT


Roger Richard, left, and Daniel LeBlanc are challenging NB Power's plan to install smart meters across the province. (Robert Jones/CBC NEWS)

NB Power mounted an aggressive defence of the safety of smart meters Tuesday during an all-day examination of the issue in front of the Energy and Utilities Board.

The utility argued the meters emit a fraction of the radiofrequency (RF) emissions of regular household items and pose no risk to public health.

"A cellphone you hold close to your head gives you 12,000 times more emissions than a smart meter would when you stand two metres away," said Jacqueline Duda Lemmerhirt, an NB Power consultant from Maine, during questioning by Daniel LeBlanc.

LeBlanc, a well-known New Brunswick environmentalist and former Petitcodiac River Keeper has been assisting St. Louis de Kent dentist Roger Richard challenge NB Power's plan to introduce smart meters based on health concerns around radiofrequencies emitted by the devices.


Jacqueline Duda Lemmerhirt, an NB Power consultant from Maine, said smart meters pose no risk to public health. (Robert Jones/CBC NEWS)

'Electromagnetic sensitivity'


Lemmerhirt and other NB Power witnesses explained that smart meters installed on homes in a neighbourhood  communicate to each other by radio transmission and will hop, skip and jump power consumption data from one to another back to central "collectors" mounted periodically on power poles. The collectors then send the data aback to NB Power.


LeBlanc questioned whether sending RF "signals in all directions" in a neighbourhood might cause harm to those with "electromagnetic sensitivity."

"Many researchers internationally have come to the conclusion that low-intensity radiofrequencies are a health concern and a risk to developing cancer over the short or long term," said LeBlanc. "Was this research considered?"


Daniel LeBlanc, a well-known New Brunswick environmentalist, is claiming smart meters pose a risk to public health. (Robert Jones/CBC NEWS)
NB Power is in front of the New Brunswick Energy and Utilities Board in Saint John for a 12-day hearing in part seeking permission to spend $122.7 million to install 350,000 smart meters provincewide.

The meters are capable of transmitting consumption data of customers back to NB Power almost in real time, which the utility said will allow for a number of innovations in pricing and service.

Health Canada's opinion


James Douglas, an Ontario-based consultant working for NB Power, said he is familiar with health arguments against smart meters but said they are not given significant weight by Health Canada and have been rejected by other regulatory bodies in provinces like British Columbia, which have approved installation of the meters.

"Health Canada (tests) radiofrequencies to their highest level of extremes and then provides a 50-fold factor on top of that," said Douglas. "So from the standpoint of the level that risk is, we are complying to the Health Canada approach and the technology we're procuring is well below those factors."


James Douglas, an Ontario-based consultant working for NB Power, said Health Canada does not give any significant weight to health arguments against smart meters. (Robert Jones/CBC NEWS)
Douglas led the hearing through evidence accepted in a similar hearing in British Columbia that showed using a cordless phone or a microwave oven would deliver between 600 and 1,200 times more exposure to RF emissions than standing in front of a bank of 45 smart meters.

Having a single meter on the outside of a home or a neighbour's home is a danger to no one, Douglas maintained.

"The meters are low powered with short bursts and measurements show they are on for less than three minutes in every 24-hour period," he said.

Exposure limits allegedly influenced by industry


LeBlanc and Richard brought McGill University physicist Paul Heroux to the hearing to counter NB Power's arguments that the meters are safe.

Heroux said limits of RF exposure allowed by Health Canada are far too high and largely copy American standards, which have been influenced by years of pressure by the telecommunications industry.


McGill University physicist Paul Heroux said the risk smart meters pose is greater than what Health Canada has stated. (Robert Jones/CBC NEWS)
"I was part for many years of committees that (developed) these standards so I know the people who did this. I know how it was done so I can tell you where these diverging opinions come from," said Heroux.

"I can also tell you where the Russian standard comes from — why they have a standard 100 times lower than it is here. I can also tell you why in some parts of Austria they have a standard that's 10,000 times lower."

LeBlanc tried but failed to have Heroux declared an expert witness for the hearing but EUB vice-chairman Francois Beaulieu said he could testify as a non-expert beginning Wednesday morning.


https://www.youtube.com/watch?v=Mt1h0Yu4uOs

Prof. of Medicine Paul Heroux's PhD Safety Code 6 Testimony
1,199 views
André Fauteux
Published on Jul 11, 2014

Paul Héroux, director of the Occupation Health program at McGill
University's Faculty of Medicine recently submitted this video to
Health Canada which is reviewing its Safety Code 6 guideline on
radiofrequency exposure.


 www.nbeub.ca/opt/M/get_transcript.php?id=560&no=188


New Brunswick Energy and Utilities Board
Commission de L'Energie et des Services Publics N.-B.
PARTICIPANTS - Matter 375
IN THE MATTER OF an application by New Brunswick Power Corporation for approval of the schedules of the rates for the fiscal year commencing April 1, 2018   held at the Delta Hotel, Saint John, New Brunswick, on February 7th 2018.

Page 272


  VICE-CHAIRMAN:  Good morning, Ms. Desmond.  So the evidence has, like in other proceedings been pre-filed, and there is a series of exhibits that has been marked at the pre-hearing conference on October 31st of last year.  And before making and accepting the other exhibits that have been pre-filed, it's the Board's practice to at the commencement of the hearing to hear the parties if there is any objections to the documents that will be entered as exhibits.  So what I'm going to do is I will start with you, Mr. Furey, and maybe walk me through the exhibits that needs to be marked.  And I think we had marked them up to -- so I think what needs to be marked is NBP 4.01 to 24.01, and I understand there is also some last minute documents that's been filed this morning and yesterday -- late yesterday night I think there are some documents you would like to be filed.
  MR. FUREY:  That's correct, Mr. Chair.  So we would ask  that the documents on the list up to 24.01 be marked as an exhibit.  I'm in the Board's hands as to how you want to deal with the additional documentation that was filed this morning.  My intention is to use that documentation with respect to our objection to the marking of the exhibits of Dr. Richard.  So I'm happy to have those marked as exhibits as well. 
  VICE-CHAIRMAN:  So why don't we mark those documents as identification for now and as we come to Mr. Richard's exhibit -- I think there is a motion this morning regarding your objections to some of his documents and we will be -- the Board will be hearing that those -- and the Board doesn't have any copies of those exhibits right now before us.
  MR. FUREY:  I will provide you copies of the documents -- hard copies of the documents that were filed electronically last night and this morning. 
  VICE-CHAIRMAN:  So what I will do is we will mark NBP 4.01 to 24.01 and those documents that you have in your hands right now, I don't know if you want them to be marked as identification or do you want to wait until we hear the motion?
  MR. FUREY:  I think we will wait until we hear the motion, Mr. Chair.
  VICE-CHAIRMAN:  Okay.  Thank you.  So is there any objections regarding marking exhibits NBP 4.01 to 24.01?  So hearing no objections, the Board will mark those documents as exhibits.  Mr. Callaghan, I think there is exhibits 1.01 to 2.08 that you are requiring it to be marked?
  MR. CALLAGHAN:  Yes, Mr. Chair.
  VICE-CHAIRMAN:  Any objections by the other participants to have these documents marked?  Mr. Richard?
  DR. RICHARD:  Oui.  Pouvez-vous répétez la question?
  VICE-CHAIRMAN :  Monsieur -- Maybe as – before I proceed any
    further, there’s the – the proceeding will be held in
    English, and for those of you who do not understand either
    the French or the English language, there is some
    simultaneous translation that is available and so you have
    at your disposal these little headphones.  And my
    understanding is that frequency number 1 is in the English
    language and frequency number 2 is the French language.
    Monsieur Richard, comme que j’ai mentionné la – la
    procédure vas se dérouler dans la langue Anglaise et puis
    si que vous – je vous suggère fortement de mettre les
    écouteurs pour écouter le – les commentaires que je fais
    en Anglais.  Donc quoi ce que j’ai mentionné tout à
    l’heure avec Monsieur Callaghan, c’est que y’a certain
    document qui – qui – qui demande être renter en preuve,
    donc j’ai demandé aux participants si qui y’avais aucuns
    objections de mettre en preuve les – ces exhibits 1.01 à
    2.08. Est-ce que vous vous avez une objection?
M. RICHARD:  Non. Non. J’ai pas d’objections.
VICE-CHAIRMAN:  Donc à partir de maintenant, Monsieur Richard,
    donc je vous suggère de peut-être de –de mettre votre
    chose au – à la fréquence numéro 2 et puis lorsque ç’a
    sera -- lorsque j’vas arriver à vous, j’vas vous parler
    dans votre langue – dans la langue française.
DR. RICHARD:  Okay.
VICE-CHAIRMAN:  Hearing no objections, EGNB Exhibits 1.01 to
    2.08 will be marked as exhibits. The next documents that I
    have on my list is NB or NBEUB 1.01 to 2.07.  Any
    objection to having these marked as exhibits?
    Hearing no objections NBP -- or NBEUB 1.01 to 2.07 will be
    marked as exhibits.  There is New Clear Free Solutions
1.01  to 2.04.  Any objections to having those marked as
exhibits?  Hearing no objections NCFS 1.01 to 2.04 will be marked as exhibits.  And the Public Intervener has also some exhibits to be marked, PI 1.01 to 3.01.  Any objections to having those marked as exhibits?  So hearing no objections, PI 1.01 to 3.01 will be marked as exhibits. Now we are at Mr. Richard and Mr. Furey, I understand that late last night you filed a motion regarding your objection to some of his documents and being marked as exhibits.  So I will hear what --
  MR. FUREY:  So, Mr. Vice-Chair, I will ask Ms. Cozzarini to provide the Board with hard copies of the documents that I have provided electronically.  It looks like quite a volume.  It is not nearly as bad as it looks because I will only be referring to very small portions of the documents.
  MS. DESMOND:  Mr. Chair, sorry to interrupt.
  VICE-CHAIRMAN:  Yes, Ms. Desmond?
  MS. DESMOND:  I am just wondering if perhaps this is an issue that could wait in terms of being decided by the Board.  Parties have not had an opportunity to look at the documents.  There is a decision that is over 200 pages that was circulated last evening.  Is this something that needs to be resolved now or could we set this aside until parties actually have an opportunity to study the material which just arrived last evening?
  VICE-CHAIRMAN:  Mr. Furey?
  MR. FUREY:  I don't have strong objection to that, Mr. Vice-Chair.  Certainly one way the Board could deal with it is to wait until Dr. Richard takes the stand and we could deal with the objection to the marking of the exhibits at that time.  That would accomplish having the issue resolved before Dr. Richard testifies.  The reason that we thought it was appropriate to do so now is because there will be panels cross-examined, I presume, by Dr. Richard.  And the nature of his cross-examination, in our view, will be outside the scope of the hearing.  Now maybe that won't be the case but certainly based on my review of the evidence that has been pre-filed, I believe that will be the case.  The only other issue of hearing efficacy that I am a little concerned about is that I understand that Dr. Heroux will be called -- will be available as a witness, I think according to Dr. Richard's communication to the Board, on Monday.  And so if there is an opportunity to have the issue resolved before Dr. Heroux takes to an airplane, I think that is appropriate.  But subject to those issues, we are in the Board's hands.
  VICE-CHAIRMAN:  In all due fairness to Mr. Richard, Mr. Furey, I mean, if these are all the documents that you filed regarding your motion, I mean, it is -- I don't think it is realistic for this gentleman to speak to a motion and my understanding is you are referring to a decision from the BCUC that is almost 200 pages long.  So I don't think it is fair to Mr. Richard to proceed this morning on this issue, one.  And two is I am a bit confused that NB Power is bringing this motion considering that we went through a long process coming up to here and we filed a motion at the last minute regarding your opposition to the documents that he has been filed which you had in your possession for a number of weeks.  And we had a motion scheduled last week which I think the utility could have brought a motion objecting to these types of documents which no motion was filed.  Well there was one filed by Mr. Rouse and we essentially -- the Board made a decision regarding that we would be hearing his arguments during the hearing. Two -- and fourth is we had IR processes that we went through and at no time, Mr. Furey, that any questions were asked to Mr. Richard regarding these types of your concern that you have.  So again I am looking for direction here.  I mean it is -- I don't think it is fair for this gentleman with the motion that you have just filed to -- to proceed right away.
  MR. FUREY:  No.  And as I say, Mr. Vice-Chair, I don't strongly object to deferring argument on the motion until such time as Dr. Richard calls his witnesses to testify.  We are not -- we are not strongly suggesting that we must proceed right now.

VICE-CHAIRMAN: I’m going to hear from Mr. Richard.  Monsieur
    Richard, y’a une motion qu’a été dépose ce matin par  ou
    hier soir par le – par l’Énergie Nouveau-Brunswick,
    subjectant certains documents que vous voulez utiliser
    durant la procédure, donc y’a certains arguments que – que
    l’avocat d’Énergie Nouveau-Brunswick a fait que lui y
    propose de - attendre que vous – vous témoignez pour faire
    son objection au document. Donc je ne sais pas vous qu’est
    ce que - quoi ce que vous proposez de façon vous voulez
    procéder avec la motion d’Énergie Nouveau-Brunswick.
DR. RICHARD:  Monsieur le vice-président, il veut toute
    enlever mes documents?
VICE-CHAIRMAN:  Il propose d’enlever une série de vos
    documents.  Oui.
DR. RICHARD:  La totalité.
VICE-CHAIRMAN:  C’est ça qui propose Monsieur Richard.
DR. RICHARD : La loi sur l’électricité section 68b, on parle
    de la – la sécurité la pour la population.
VICE-CHAIRMAN : Monsieur Richard, peut-être j’vas vous
    suggérez quelque chose. 
DR. RICHARD :  Oui.
VICE-CHAIRMAN :  Compte tenu que y’a énormément de documents
    –-
DR. RICHARD :  Oui.
VICE-CHAIRMAN : -- est-ce que – j’aimerais peut-être vous
    donner l’occasion de – de - de réviser les documents, pis
    j’vous propose que peut-être demain matin lorsqu’on va
    commencer avec la procédure qu’on peut peut-être parl…. –
    que la motion soit entendu demain matin lorsqu’on va
    débuter à neuf heure trente.  Est-ce que vous serez prêt à
    faire vos arguments demain matin relativement à
    l’objection qu’a été faite par Énergie Nouveau-Brunswick,
    ou est-ce que vous avez besoin plus de temps?
DR. RICHARD : J’aimerais lundi matin quand Dr. Heroux sera
    ici. Docteur Heroux est le spécialiste; moi je suis
    seulement inquiet sur les effets de santés. Lui pourra – a
    égalité pourra argumenter NB Power.
VICE-CHAIRMAN :  So Mr. Furey, he’s suggesting that maybe that
    we deal with this issue on Monday morning when Dr. Heroux
    is going to be here, and I think there’s going to be a
    couple of issues there.  One is you are going to have your
    motion and secondly you are going to have you are
    objecting to his qualification, I think.  We could – that
    probably would be the best time to deal with these two
    issues.  Any objections with that?
  MR. FUREY :  We have no problem with that, Mr. Vice-Chair.

VICE-CHAIRMAN: Okay, thank you.  So that is what we will do,
    Monsieur Richard, essentiellement ce qu’on va faire c’est
    que lorsque Docteur Heroux va être ici lundi matin, j’ai –
    j’ai avisé l’avocat d’Énergie Nouveau-Brunswick que – on
    va – on va attendre ses arguments relativement à son
    objection d’introduire les – les documents que vous voulez
    introduire et deux, j’pense que – l’avocat d’Énergie
    Nouveau-Brunswick s’a objecté à la qualification du
    Docteur Heroux. Donc, ça sera deux choses que la
    Commission va – attendre les arguments lundi matin lorsque
    Docteur Heroux va être ici.
DR. RICHARD :  Merci le vice-président.
VICE-CHAIRMAN :  Pis l’autre chose, c’était sur -– Une des
    choses que je voulais discuter.  Mr. Furey, I think Mr. –-
    there was a discussion regarding Dr. Heroux to be here on
    February the 12th so is that a problem that we – we – then
    hear what he has to say at that point even though that we
    are – we may not be proceeding with your panels?
 MR. FUREY: NB Power would have no objection to standing down
    whatever panel it happens to have up at that time to allow
    for Dr. Heroux to testify during the time frame he is
    available as long as Mr. Richard is consenting to that as
    well.  That is fine.
VICE-CHAIRMAN:  On vous a pas – j’pense pas qu’on avait
    répondu  Monsieur Richard relativement à la – la
    disponibilité du Docteur Heroux, donc si voulez
    communiquer avec pour lui dire que lundi dans la journée
    on va – on va entendre le Docteur Heroux pis – donc vous
    pouvez peut-être communiquer avec pis lui dire que lundi
    prochain y va – y va faire – y va -- aux arguments et pis
    si – si la commission détermine que y peut-être qualifié
    ou non-qualifié on attendra les contres interrogatoires à
    ce moment-là.
  DR. RICHARD :  Merci, monsieur le vice-président.
  VICE-CHAIRMAN:  So there is also Utilities Municipal documents UM 1.01 to 2.02.  Any objections to having those exhibits marked?  So hearing no objections, UM 1.01 to 2.02 will be marked as exhibits.
  MR. STEWART:  Mr. Vice-Chair, if I may, a question of clarification, perhaps even for me personally.  I assume just what happened is for the moment then Dr. Richard's, you know, proposed evidence has not been marked as an exhibit?
  VICE-CHAIRMAN:  That's correct, Mr. Stewart, and what we will be doing is on Monday morning -- I think first thing Monday morning we will be dealing with two things.  One is the objections to having his documents marked and secondly will be Mr. -- Dr. Heroux is going to be here, so we will also hear the arguments from NB Power regarding his qualifications as an expert or not.
  MR. STEWART:  Okay.  Thank you.  And then just sort of a follow up for my clarification, because I understand just from seeing some of the correspondence, and it doesn't involve us directly, that there have been some other challenges to the qualifications of other experts, but it also then seems to me that we have just admitted their opinions into evidence.  So that seems a little inconsistent to me and I'm just wondering if you can provide some clarification as to what the status of that expert evidence is if the experts' qualifications are still under challenge.
  VICE-CHAIRMAN:  Mr. Furey?
  MR. FUREY:  My recollection, Mr. Vice-Chair, is that there are two challenges.  I think both Mr. Stoll and I have indicated that we would challenge the qualification of Mr. Rouse and I believe Mr. Rouse has indicated he will challenge the qualifications of Mr. Knecht on behalf of the Public Intervener.
    From NB Power's perspective, despite that challenge, we do not object to the filing of Mr. Rouse's evidence.  We see Mr. Rouse's evidence largely as argument, and while we object to his qualification as an expert, we certainly don't object to his status as an intervenor to make those arguments.
  VICE-CHAIRMAN:  Mr. Stoll?
  MR. STOLL:  I think we are in a similar boat as NB Power here in that we don't -- we feel most of Mr. Rouse's comments are commentary that are not -- that are separated from the factual evidence that he has provided.  The factual evidence would be taken in as factual evidence.  The opinions, we are of the view shouldn't be given the weight of an expert, that they really are of the purview of argument, and we would be making a brief submission around the ability of an advocate and the ability of the author of the underlying evidence to be qualified as an expert.  So it's more of a legalistic argument, but we have no objection to the document actually staying part of the record.
  VICE-CHAIRMAN:  Thank you.  Ms. Black?
  MS. BLACK:  Thank you.  I think I will leave it to Mr. Rouse to let us know whether he has any concerns with Mr. Knecht's report being on the record.  And I certainly have no objections to Mr. Rouse's report staying on the record for the purposes of waiting until he has a chance to respond to the objections to his qualifications for the same reasons set out by Mr. Furey and Mr. Stoll.



Page 326 


  VICE-CHAIRMAN:  Just before we start, Mr. Bourque, I think there was a question regarding the session tonight.  The plan is we are moving forward and so, Mr. Furey, if you want -- I don't know who advises your individuals, if anybody from Fredericton it driving up this afternoon or --
  MR. FUREY:  We will -- I think we have got everyone we need, but thank you, Mr. Vice-Chair.
  VICE-CHAIRMAN:  Okay.  Thank you.
  MR. FUREY:  Mr. Bourque?
  MR. BOURQUE:  Thank you.
  CROSS-EXAMINATION BY MR. BOURQUE:
Q. - Mr. Murphy, as Chief Financial Officer, do you agree with the accounting of KPMG?
  MR. MURPHY:  Sorry, do I understand the question, do I agree with the accounting of KPMG?
Q. - Yes.
  MR. MURPHY:  Yes, I do.
Q. - Do you know the account -- the KPMG auditor, and if so who are they?
  MR. MURPHY:  Sorry, I am having a little difficult time hearing up here, did you say the owner or the author?
Q. - The auditors, sorry about that.
  MR. MURPHY:  Yes, I do.  I know the primary partner on our particular audit file.
Q. - Do you have a name for them?
  MR. MURPHY:  Our primary audit partner is Jamie O'Neil.
Q. - Jamie O'Neil.  And I was a bit surprised that when I asked the question earlier and there was -- the audit was not signed and any business I have ever been involved with before, the auditors always came and made the presentation of the audit and this didn't appear to happen.  Is there a reason for that? 
  MR. MURPHY:  So I am not exactly sure of the reference that's being made, but our audit statements are signed every year.  As described, we have a very traditional process in terms of the auditors coming in and making a final presentation to the boards of directors.  It's at that time that we do sign off on the audited statements and they are available online for anybody to go in and view them.
Q. - Mr. Murphy, are you familiar with David Amos and Greg Hickey and their concerns about the payout to pulp mills by the NB Power Large Industrial Renewable Energy Purchase programs and the fact that the U.S. Department of Commerce consider it corporate welfare affecting the American interest and with trade with Canada?
  MR. FUREY:  Mr. Chair, we have been down this road before in previous hearings.  Mr. Hickey addressed this in at least one, and if I am not mistaken, two hearings.  And I believe where we objected to certain questions of Mr. Hickey in the past like this, the Board concluded that relevant questioning -- that it would be a relevant question to ask questions related to compliance by NB Power with provisions of the Electricity Act and the LIREPP regulation, the renewable regulation, which includes the LIREPP program, but debate about policy, as to whether or not LIREPP is a desirable policy is not a matter for this Board and I think we have had that resolved in previous hearings.
  VICE-CHAIRMAN:  Mr. Bourque, Mr. Furey is right.  We did have -- when Mr. Hickey was here last year, and I think at other hearings, we had that debate and so it's a policy issue.  If you have questions regarding LIREPP, regarding compliance, I think you are permitted to ask those questions, but if it's questions regarding policy, regarding the LIREPP program, it's not relevant and it's in the legislation so --
  MR. BOURQUE:  I wasn't aware of what took place last year.
Q. - Mr. Murphy, are you aware of my friend, David Amos and the concerns with the NB Power since 2006?
  MR. MURPHY:  I would not say that I am aware of any detailed concerns that Mr. Amos has expressed.
Q. - Have you read the filings that NB Power filed into the record of this matter since -- on October 30th of 2017?
  MR. MURPHY:  Yes, generally I have read all the documents. 
Q. - Have you read the transcript of the hearing on October 31st?
  MR. MURPHY:  I did not read the transcript.
Q. - And have you read the emails that Mr. Amos sent since then?
  MR. MURPHY:  I did not read the emails.  If there is something in particular that's filed on evidence that you would like to bring up on the screen for me to review, I am happy to review it and answer questions on it, but I have not read the emails.
Q. - Ms. Clark, why does NB Power consider the smart meter it wished to attach to my home a federal matter?  If I get sick, or because of an injury to my home or property, do I sue the federal or do I sue NB Power?
  MS. CLARK:  So with respect to the smart meters, the AMI installation, we would be complying with all of Health Canada's Guidelines with respect to the meter installation.
Q. - So if there is a problem NB Power is responsible for it or the federal, if you are complying by the federal regulations?
  MR. FUREY:  Mr. Vice-Chair, I don't think that's a fair question to address to this panel.
  VICE-CHAIRMAN:  Is there going to be another panel that can address his question, Mr. Furey?
  MR. FUREY:  Well to be asked to comment in advance on circumstances in which liability might arise, you know, certainly if there is a specific fact circumstance presented, maybe the question could be answered, but this is very broad.
  VICE-CHAIRMAN:  So are you suggesting that if he rephrases his question that this panel could answer the question?
  MR. FUREY:  I guess I would have to hear the question, but I -- what I am saying is the question as framed is I think impossible to answer.  And it's unfair to ask any witness to commit to liability around a question as broad as if something goes wrong.
  VICE-CHAIRMAN:  Mr. Bourque, can you reframe your question?
Q. - Well my -- my concern is the spending of a lot of money for the smart meters.  And as we heard earlier this morning, the temperature has a big temp' -- a big effect on the use of power.  Well do we need to spend millions of dollars to tell us when the temperature gets colder and that?  NB Power knows that.  When the temperature goes down, they are going to have to start producing, you know, more power to supply the demand.  And I think it's really -- wonder if it's worth sending that.  The other thing is I have received some videos off the internet of smart meters where they literally caught the side of the house on fire.  There was pictures of just around the meter and that.  So if that happens to my house, who is responsible?
  VICE-CHAIRMAN:  Panel?
   MS. CLARK:  I will address your question in two parts. The first part of it is with respect to the installation of smart meters or the AMI project.  The example that was given would be a perfect reason for NB Power to install advanced metering infrastructure.  During the times when the utility or when the province is facing very cold temperatures, having the advanced metering infrastructure in place would allow customers to have more information readily available during the month.  So when we are dealing with high bill complaints, like we have been this last month due to the extremely cold temperatures, customers would actually be able to see their usage throughout the month and not be subject to receiving a final bill at the end of the month and being surprised by their consumption because of the cold weather.  So this would be a perfect example of why the advanced metering infrastructure would be in the -- it would be in the benefit of our customers.
    The second piece, I think with reference to the safety of meters, we will be following Measurement Canada safety standards, Health Canada safety standards.  All of our meters will be tested.  And during the install, we will actually be able to look at customers' premises to see if there are any issues related to safety that we should be addressing at the time.  There are specific incidents where there have been some issues with meters being installed, but those are very specific to either the geographical location where they were being installed or the customers' equipment itself.  But again when we are actually installing the meters, as we are installing 355,000 meters across the province, we will actually be able to visually inspect each one of those locations to see if there is any issues with respect to the meter itself or the installation that's on the customers' premises.  But it would depend on what exactly it is we find as to how it would be handled.
Q. - I got one final question.  If a customer decides he doesn't want a smart meter at his place, can he opt out?
  MS. CLARK:  Yes, absolutely.  We will have an opt out policy.
  MR. BOURQUE:  Thank you.
  VICE-CHAIRMAN:  Thank you.  Is that all your questions, Mr. Bourque?
  MR. BOURQUE:  Yes.
  VICE-CHAIRMAN:  Okay.  Thank you.
  MR. BOURQUE:  Thank you.



http://www.cbc.ca/news/canada/new-brunswick/nb-power-rate-hearing-eub-1.4544322


'It will take the time that it takes': NB Power rate hearing way behind schedule

Deep dives into smart meters, efficiency programs prolong what was a 12-day proceeding

By Robert Jones, CBC News Posted: Feb 21, 2018 6:00 AM AT

NB Power's annual rate hearing is taking longer than the expected 12 days.
NB Power's annual rate hearing is taking longer than the expected 12 days. (CBC)

NB Power's 12-day rate hearing in front of the Energy and Utilities Board was scheduled to wrap up later this week, but it has fallen so far behind schedule it may be forced carry on until springtime, or beyond.

"The board would like to have the parties provide their availability and their limitations for the month of March and April," said EUB vice-chairman Francois Beaulieu as the hearing entered day nine Tuesday morning with no hope at all of finishing Friday as originally planned.

"We're looking for eight (more) days," he said.


The hearing's primary purpose is to consider NB Power's annual request for a two per cent rate increase but has not yet touched on that topic. Instead, it's slogging through a lengthy consideration of the utility's plan to buy and install 350,000 smart meters and its handling of energy efficiency programs.

Francois Beaulieu
EUB vice-Chairman Francois Beaulieu, centre, is allowing everyone to have their say at NB Power's slow moving rate hearing. (Robert Jones/CBC NEWS)

Those two matters were supposed to have been put to rest by the end of last week but continue to be probed in detail by multiple parties registered to participate at the hearings.

'It will take the time that it takes'


The EUB has long tolerated — even encouraged — non-expert participation in its hearings by individual concerned citizens, and although that can slow proceedings considerably, Beaulieu has made it clear everyone who registered to participate will be heard in full.

"It will take the time that it takes," said Beaulieu on day three of the hearing when NB Power lawyer John Furey first raised concerns matters were falling behind schedule.

Several self-represented participants have been taking turns questioning NB Power's plans on an equal footing with lawyers hired by companies, like J.D. Irving Ltd. and Enbridge Gas New Brunswick, and municipal utilities like Saint John Energy.

Gently guided on proper procedure by Beaulieu, non-professional participants have had free rein to have a say.

EUB Hearing
Anti-smart meter activist and St. Louis de Kent dentist Roger Richard, left, and environmentalist Daniel LeBlanc spent hours questioning NB Power witnesses. (Robert Jones/CBC NEWS)

Those participants include environmentalist Chris Rouse, anti-smart meter activist and St. Louis de Kent dentist Roger Richard and political hopeful Gerald Bourque, the leader of the fledgling KISS N.B. Political Party.

They've been able to submit evidence, call witnesses and cross-examine NB Power executives and others and make motions.


NB Power deadline in jeopardy


On day five, Beaulieu told environmentalist Daniel LeBlanc, who is working with Richard, to take as long as he needed to get full answers to questions from NB Power witnesses.

"If you feel that your questions are not answered — you have the floor, so it's your right to ask your question again if you feel the panel members are not responding to your questions," he said.

"Thank you," said LeBlanc, who went on to ask questions for three and a half hours.

Chris Rouse
Chris Rouse uses vacation days from his regular job to participate in NB Power rate hearings. (Robert Jones/CBC NEWS)

On Friday, Rouse, who uses vacation days from his regular job to attend NB Power hearings, unsuccessfully attempted to have himself declared an expert witness at the hearing so he could give his own opinion on evidence he had previously filed.

Beaulieu gave the issue a full hour before denying the request, even with the hearing days behind schedule.

Rouse was appreciative of his treatment.

"I am happy with everything. Thank you very much," he said to Beaulieu at the end of the afternoon session

The current hearing is nowhere near the 58-day marathon held to establish NB Power's rates back in 2006, but its slow pace is creating problems.

NB Power had been hoping to win approval for a rate increase before the start of its fiscal year on April 1, but with the hearing dragging, it may have to apply for an interim increase to meet that deadline, especially if eight more sitting days cannot be arranged quickly.

The EUB is expected to announce further hearing dates Wednesday morning.



---------- Original message ----------
From: Newsroom <newsroom@globeandmail.com>
Date: Thu, 15 Feb 2018 16:03:58 +0000
Subject: Automatic reply: SUSPECT SPAM: Wanna know a secret?
Look close and laugh Both CBC and Global goofed but they are too
late to make me "Poof" as per their MO because I already blogged it all
 N'esy Pas Mr Jones?
To: David Amos <motomaniac333@gmail.com>

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---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Thu, 15 Feb 2018 12:03:51 -0400
Subject: Wanna know a secret? Look close and laugh Both CBC and Global goofed but they are
too late to make me "Poof" as per their MO because I already blogged it all N'esy Pas Mr Jones?
To: "ht.lacroix" <ht.lacroix@cbc.ca>, "sylvie.gadoury" <sylvie.gadoury@radio-canada.ca>, "Melanie.Joly" <Melanie.Joly@parl.gc.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>,
"darrow.macintyre" <darrow.macintyre@cbc.ca>, "David.Coon" <David.Coon@gnb.ca>, "Dominic.Cardy" <Dominic.Cardy@gnb.ca>, "brian.gallant" <brian.gallant@gnb.ca>,
"rick.doucet" <rick.doucet@gnb.ca>, "David.Akin" <David.Akin@globalnews.ca>,
nmoore <nmoore@bellmedia.ca>, oldmaison <oldmaison@yahoo.com>,
andre <andre@jafaust.com>, jbosnitch <jbosnitch@gmail.com>,
markandcaroline <markandcaroline@gmail.com>,
COCMoncton <COCMoncton@gmail.com>, "Jacques.Poitras" <Jacques.Poitras@cbc.ca>, "Jack.Keir" <Jack.Keir@gnb.ca>, "greg.byrne" <greg.byrne@gnb.ca>,
"randy.mckeen" <randy.mckeen@gnb.ca>, hsegal <hsegal@airdberlis.com>
Cc: David Amos <david.raymond.amos@gmail.com>,
 newsroom <newsroom@globeandmail.ca>, news <news@kingscorecord.com>

https://globalnews.ca/news/4012023/smart-meter-program-nb/

http://www.cbc.ca/news/canada/new-brunswick/eub-hearings-nb-power-smart-meters-1.4529640

Notice CBC got rid of me and put in Leblanc in the next article
Too Too funny indeed

http://www.cbc.ca/news/canada/new-brunswick/nb-power-smart-meters-health-risk-1.4534318


http://davidraymondamos3.blogspot.ca/2018/02/re-public-session-on-evening-of.htm

Ask yourselves why Dave Coon and his buddies did not intervene this time

http://www.nbeub.ca/opt/M/browserecord.php?-action=browse&-recid=560


Comments  -  Public  Session  -  Carl  Duivenvoorden 02/02/2018

From: Carl Duivenvoorden
To: NBEUB/CESPNB
Subject: Submission - Smart Meter hearings
Date: Friday, February 2, 2018 4:25:04 PM

2 February 2018
New Brunswick Energy and Utilities Board
P.O. Box 5001
15 Market Square, Suite 1400
Saint John, NB E2L 4Y9

Dear Board Members:

I’m writing to express support for the adoption and installation of
smart power meters across New Brunswick, for two main reasons:
1) to help New Brunswickers become energy-literate and learn how
they can save on their energy bills; and
2) to enable and facilitate the adoption of future renewable energy
and smart grid opportunities that will reinforce savings and help
reduce emissions.

Energy literacy and savings

In 2009, Bob Gilligan, Vice President of Transmission and Distribution
for GE Energy, famously said
“Today, most consumers live in a black hole when it comes to
information about their energy consumption and costs.”

Unfortunately, I fear that remains largely true today. When it comes
to power consumption, most people do not know the difference between
a light bulb, a television and a baseboard heater. The reason? The only
feedback we get is a power bill that arrives a month later, lumps all
consumption together and focuses on dollars rather than kilowatt
hours. It’s pretty difficult to take ownership of our energy reality
and modify our consumption when we don’t have the tools to do so.

On the other hand, real-time or near to real-time feedback about our
power consumption can be a powerful tool for energy literacy and
positive change. A number of years ago, I installed a Power Cost Monitor
offered by Blueline Innovations at my home. One component strapped
onto my power meter and registered our consumption in real-time. It sent
this wirelessly to the other component, perched on the windowsill, which
displayed it. The result? We very quickly learned our baseline power
consumption, and saw how it fluctuated.

Around the same time, I got a WattsUp power meter and measured the
power consumption of plug loads in my home. The result? We very
quickly learned what items in our home consumed a little and what
items consumed a lot. Both of the above tools improved our energy
literacy, and gave us the information we needed to save.

True, smart meters don’t go quite that far – but they will offer
consumers the ability to better monitor and learn more about their
power consumption, thus building energy literacy. Energy literate
consumers will be better equipped to understand and adapt to a
changing energy reality as our world transitions from fossil fuels to
renewables. Energy literate consumers will be more empowered to
embrace energy efficiency and other energy and environmental
solutions.

Gateway technology

To me, the far greater promise of smart meters lies in all the
possibilities they enable: in linking energy demand, energy supply and
energy prices; in managing grid loads; and in facilitating future
technology. Power peaks are an unfortunate reality of our grid, and
winter peaks tend to be the benchmark for how much total generating
capacity we need. But even though a kilowatt hour of power at 8 AM in
January is much more expensive to supply than a kilowatt hour at 2 PM
in May, our current meter technology has no way of differentiating.

The result: consumers have zero incentive to reduce energy consumption
during peak periods, and it may reasonably be expected that winter
peaks will continue to rise largely independent of power prices.
Higher peaks will in turn hasten the need for new generating capacity,
which can be enormously expensive – and peaker plants tend to be even
more expensive because sit idle much of the year. Smart meters, on the
other hand, offer the possibility of better matching energy supply and
demand and improving grid stability because they enable time-of-day
pricing, where power rates at different times of the day or year
better reflect the actual cost of supplying that power. Time-of-day
pricing would give consumers a financial incentive to shift their
time-insensitive power consumption out of peak periods. This would
save them money, but, equally important, would fulfill a larger policy
goal of deferring the need for new power generation or increased power
imports.

As a NB homeowner, here’s how I believe time-of-day would impact me.
I would do laundry in off-peak hours; my present washer already has a
one-button process for delayed starting. I recently purchased a plug
in hybrid electric vehicle, and I would charge it primarily during off
peak hours; it already has a builtin system that just requires me to
set it. I would make sure my hot water tank were big enough to meet a
day’s needs for my family, and then have an electrician install a
timer on it so it would reheat during offpeak hours. If I heated with
baseboard heaters, I would install a thermal storage unit (not new
technology; they’ve been in use for years in Nova Scotia and elsewhere)
that would take some of my heating load out of the morning peak.

And as time went on, no doubt I would think of other ways to consume
less during peak hours. Why? Because I’d have a financial incentive. And if
my utility didn’t have to worry about supplying a peak load every morning,
it probably could defer new power generation projects for years – which
would help keep my power rates lower too, and likely help reduce emissions.

I realize time-of-day rates have not yet been proposed for NB – but they are
 not even available to us as a policy option unless we install smart meters.

I know that time-of-day pricing has yielded less-than-expected results
in other jurisdictions. That leads me to believe two things:
1) the price differential is probably not large enough to produce habit
change; and
2) energy illiteracy is a tough barrier to overcome. Yet I am convinced
price signals will yield the desired load shift over time; perhaps the greatest
evidence of this lies in gasoline pricing, where a fraction of a penny difference
per litre – a negligible amount for the average fill-up – will lead consumers to
change where they buy gas. And perhaps we should take inspiration from Texas,
where some energy suppliers offer power for free after hours and on weekends,
to help lower their peaks.

Perhaps, also, we should take note of what is happening elsewhere in the world.
According to NS Power’s website, there are more than 65 million smart meters
installed in the US and 11 million in Canada, serving 70% of Canadians. The
European Union aims to replace at least 80% of its power meters with smart
meters by 2020. All this would suggest we are already behind a large pack,
and it’s time for NB to get on board too.

I appreciate that it would be irresponsible to ignore financial considerations in
the installation of smart meters, and I expect that this review process will be
guided by due diligence. Yet I’d suggest that sometimes costs we are inclined
to view as expenses might better be viewed as investments, and this might be
one such instance. That’s even more critical in the face of our global climate
crisis, which threatens to challenge many of our financial paradigms.

I hope these comments will be of value in your deliberations, and would
welcome the opportunity for follow up.

Yours sincerely,
Carl Duivenvoorden
Speaker - Writer - Sustainability Consultant
110 Mazerolle Settlement Road
Upper Kingsclear, NB, Canada E3E 1V5
Tel (506) 363 8117; (506) 476 9629 cell

Internet www.changeyourcorner.com

Twitter: http://tinyurl.com/FollowCarl

Most recent column:
"Life cycle assessment, the one sure measure of sustainability",
www.changeyourcorner.com/articles/153.php

Most recent Huffington Post column:
"You might want to rethink blaming China for climate change",
http://bit.ly/2hww40Z

"Maybe you can't change the whole world, but you can change your corner of it.
And when you change your corner of the world, you actually change the world."
------------------------------------------------------------------------------------------------------------------



http://www.cbc.ca/news/canada/new-brunswick/nb-power-surveys-customers-on-energy-use-1.1348301


NB Power surveys customers on energy use

Utility hopes to launch a smart grid pilot project within a year

CBC News Posted: Jun 03, 2013 8:01 AM AT

NB Power is surveying its customers to find out more about their energy use policies.
NB Power is surveying its customers to find out more about their energy use policies. (Jacques Boissinot/Canadian Press)

NB Power is surveying 22,000 households across the province asking them about their power use patterns as it prepares to make the transition to a new smart grid.

Smart grids offer customers more control over how they use electricity. A smart grid system would give customers incentives to use power at non-peak times, such as at night, when there is less demand.

So NB Power will be asking its customers questions, such as what kind of heating they use, the age of their appliances, whether they have air conditioning or if they have high-speed internet.

"It's to get a better handle on how energy is used and to kind of try to work with our customers to see how we can move some of their energy usage to off-peak times," said Brent Staeben, an official with the utility.

Staeben said the new smart grid will help cut back on costs and lessen the environmental impact by improving efficiency and decreasing fluctuations during peak hours.

'So while we may be more energy efficient, in some of the other appliances that we're purchasing, you know we're also adding to our load as we add more devices to our life.' — Brent Staeben, NB Power

He said that during peak times NB Power has to turn to fossil fuel-burning generators.

Staeben said NB Power would like to have a pilot project up and running in the next year.

The NB Power official said the survey will be useful because people are using more electricity but in different ways.

"It's being made up in devices really, in computers and tablets and BlackBerrys and phones and things like that and the charging of them all the time," he said.

"So while we may be more energy efficient, in some of the other appliances that we're purchasing, you know we're also adding to our load as we add more devices to our life."

Green Party Leader David Coon said it’s important for NB Power to get a better understanding of the energy consumption patterns of its customers.

But he said this survey fits into a broader issue of understanding the future power needs of the utility. The Green Party leader said he wants more information on the longer term goal.

"The problem is we are operating in the dark right now. NB Power hasn’t released its plan for what they want to do in the future, their integrated resource plan," he said.

"It is fundamentally important, it lays out what they intend to do in terms of influencing supply and demand of electricity over the coming years."

Smart grid skepticism


Some are skeptical about the need to move toward a smart grid.

Daniel Leblanc, a Moncton environmentalist, said the province doesn't need new gadgets.

"You first have to have smart policies to fill the grid in New Brunswick with renewable energy before you begin this theoretical exercise of saving the environment with smart grid technology," he said.

New Brunswick and Siemens Canada announced an agreement in July 2012 that would see the global technology company create a 10-year energy road map for the province.

Energy Minister Craig Leonard’s 2011 energy plan called for the use of smart grid technology.

https://globalnews.ca/news/4012023/smart-meter-program-nb/ 


Smart meter program under scrutiny during annual EUB hearing in Saint John




WATCH: NB Power is at the New Brunswick Energy and Utilities Board looking for a list of projects it wants approved, including rate increases and the installation of more smart meters. It's a move that the utility says will save cash. Morganne Campbell reports.


Officials with New Brunswick Power are meeting in Saint John for a 12-day hearing with the Energy Utilities Board and the utility is armed with a list of things it wants the at-arms-length agency to approve.

NB Power is proposing to spend more than $122 million on a smart meter program that would see the technology installed at about 350,000 homes province-wide. They’re also asking for a new surcharge to be added to bills to help the utility pay for the clean up and repairs after unexpected weather events in addition to a request for a two per cent increase in rates.

“Electric power systems across the globe are experiencing unprecedented change compelled by a number of driving forces including advances in technology, changes in customer expectations and the effect of climate change,” said Darren Murphy, chief financial officer and vice-president of corporate services, in his opening statement at the hearing.

“These global driving forces of change have led to one of the central issues of this hearing: How must NB Power evolve to meet the future needs of New Brunswickers in a safe, reliable and cost effective way.”

The asks are under the scrutiny of New Brunswick’s Public Intervenor for the energy sector, who is participating in the hearings.


“How do we assess the value of that for NB Power’s customers in the context of the fiscal health of the utility, the challenges its had meeting its targets but on the other-side, thinking of the future,” explained Heather Black, the public intervenor.


NB Power says the smart meter system is key to lowering costs and will avoid the construction of new power plants.

In addition the utility is seeking the implementation of a surcharge that would help NB Power pay for the clean up following unexpected weather events.
 



http://www.cbc.ca/news/canada/new-brunswick/eub-hearings-nb-power-smart-meters-1.4529640


Opting out smart meter program could cost NB Power customers

Power customers in British Columbia, Quebec have faced fees for refusing the installation of smart meters

By Robert Jones, CBC News Posted: Feb 10, 2018 8:00 AM AT

NB Power Senior VP Operations Lori Clark speaks during the EUB hearings Friday in Saint John.
NB Power Senior VP Operations Lori Clark speaks during the EUB hearings Friday in Saint John. (Robert Jones/CBC NEWS

NB Power customers who do not want a smart meter installed on their home could be facing a stiff fee for that decision, but so far the utility is not saying how much it might be.

"It will be based on the principles of cost causation, but we have not gotten into the detail of what that fee would be at this point," said NB Power Senior Vice President of Operations Lori Clark at Energy and Utilities Board hearings on Friday.


In other jurisdictions that have already adopted smart meters, customers not wanting to participate have faced hundreds of dollars in extra charges.

EUB Hearing
Thousands of pages of evidence on a number of issues, including smart meters, have been submitted for the 12-day hearing.

In British Columbia, power customers are charged a meter reading fee of $32.40 per month if they refuse a smart meter, or $20 per month if they accept a smart meter but insist its radio transmitter be turned off. That's a cost of between $240 and $388.80 per year for customers to opt out.

In Quebec, smart meters were installed beginning in 2012. Customers who refused the devices were initially charged $98 to opt out plus a meter reading fee of $17 per month. That was eventually cut by Quebec's energy board in 2014 to a $15 refusal fee and a $5 per month meter reading surcharge.

NB Power said it may be a year or more before it settles on its own fee.

"The opt out policy will be developed and implemented as part of the roll out.  It will be one of the last things we do," said Clark.

Customers need to be on board


NB Power is in front of the New Brunswick Energy and Utilities Board seeking permission to spend $122.7 million to install 350,000 smart meters province wide.

Roger Richard
Smart meter opponent Roger Richard, right, leads a group worried about human health problems caused by long term exposure to the devices. (Robert Jones/CBC NEWS)

The meters are capable of transmitting consumption data of customers back to NB Power in real time, which the utility said will allow for a number of innovations in pricing and service.

The meters require near universal adoption by customers to maximize their financial benefit — like eliminating more than $20 million a year NB Power currently spends to read meters manually. The utility has said the switch will not succeed if too many customers opt out.

"We certainly wouldn't be looking at making an investment of this size without having the customer with us," said Clark.

On Thursday, Kent County resident Daniel LeBlanc, who along with Roger Richard, is opposing the introduction of smart meters for health reasons, predicted a cool reception for the technology in many parts of the province.

"If one were to ask most of the people in the rural areas, I'm not sure you would get a lot of takers for this infrastructure," said LeBlanc, who is concerned with the long-term effect microwave frequencies used by the meters to transmit data may have on human health.

That issue is before the EUB next week.

Haven't tested the waters


NB Power acknowledged it has not measured public opinion on adopting smart meters but is confident it can convince customers it is a good idea for them and the utility.

"People don't understand what the smart meter is," said Clark. "We need to educate our customers first to allow them to make an informed decision so that will be part of the roll out plan."

Clark noted that smart meters, helped by stiff opting out penalties, were eventually accepted by 98 per cent of customers in British Columbia and by 97.4 per cent of customers in Quebec.

"We will check and adjust along the way if there are issues with customer uptake," said Clark.

"This is very similar to what has been done in other jurisdictions and they haven't had those challenges."



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