http://www.cbc.ca/news/canada/new-brunswick/nb-power-energy-and-utilities-board-1.4606382
Comments
David Amos
David Amos
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.
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.
NB Power cuts proposed rate hike to 1.5% after Point Lepreau settlement
Most commercial customers would pay a smaller increase of 0.68%
· CBC News · Posted: Apr 05, 2018 1:40 PM AT
Comments
Commenting is now closed for this story.
David Amos
"Oh, what a tangled web we weave, when first we practice to deceive!"
Content disabled.
@David Amos
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 October 31, 2017.
CHAIRMAN: So just I guess going down the list of things that we need to talk about, the confidentiality agreement has been circulated. Also there was a three line explanation of the changes in this confidentiality agreement from previous confidentiality agreements. So I don't know if the parties have had enough time to consider the form of that agreement or not or have any comments. So I will just go down through the list. Mr. Amos, have you looked at the agreement?
MR. AMOS: Yes. I had just a -- I had a quick glance at it and I had an issue with it in the 357 matter.
CHAIRMAN: Yes.
MR. AMOS: And I sent an email to Mr. Furey, et cetera, and I said don't give me anything that's confidential, and therefore I can't be accused of disclosing something I shouldn't.
CHAIRMAN: Okay. So --
MR. AMOS: He never answered me.
CHAIRMAN: Okay. So your position really is you are not signing it no matter what form it's in if it requires you to keep information --
MR. AMOS: This is a public hearing. This is a publicly owned corporation billing the public, and if you don't want the public to know something, then I don't want to know.
CHAIRMAN: I understand. So you don't have a position of the form itself. You are not going to sign a confidentiality document.
MR. AMOS: I find the form offensive in and of itself.
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 October 31, 2017.
CHAIRMAN: So just I guess going down the list of things that we need to talk about, the confidentiality agreement has been circulated. Also there was a three line explanation of the changes in this confidentiality agreement from previous confidentiality agreements. So I don't know if the parties have had enough time to consider the form of that agreement or not or have any comments. So I will just go down through the list. Mr. Amos, have you looked at the agreement?
MR. AMOS: Yes. I had just a -- I had a quick glance at it and I had an issue with it in the 357 matter.
CHAIRMAN: Yes.
MR. AMOS: And I sent an email to Mr. Furey, et cetera, and I said don't give me anything that's confidential, and therefore I can't be accused of disclosing something I shouldn't.
CHAIRMAN: Okay. So --
MR. AMOS: He never answered me.
CHAIRMAN: Okay. So your position really is you are not signing it no matter what form it's in if it requires you to keep information --
MR. AMOS: This is a public hearing. This is a publicly owned corporation billing the public, and if you don't want the public to know something, then I don't want to know.
CHAIRMAN: I understand. So you don't have a position of the form itself. You are not going to sign a confidentiality document.
MR. AMOS: I find the form offensive in and of itself.
David Amos
@David Amos
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.
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.
Roy Kirk
June Arnott
Bernard Cormier
David Amos
---------- Original message ----------
From: "Connelly Bosse, Natacha" <NConnellyBosse@nbpower.com>
Date: Sun, 8 Apr 2018 17:44:50 +0000
Subject: Automatic reply: EXT - "The board would like to hear submissions from
every party regarding what I'm raising." YEA RIGHT NOW THATS PRETTY FUNNY
EH JOHNNY "NEVER BEEN GOOD" LOGAN?
To: David Amos <motomaniac333@gmail.com>
Hi, Please note that I will beaway from the office until April 23rd
inclusively with some access to email. I will reply to your message
upon my return.
Bonjour, Veuillez noter que je serai absente du bureau jusqu'au 23
avril inclusivement mais je lirai mes courriels a quelques reprises.
Je répondrai à votre message à mon retour.
______________________________
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,
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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
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fiant ou de vous en servir de toute autre façon. Si vous avez reçu le
présent courriel par erreur, prière de communiquer avec l'expéditeur
et d'éliminer l'original du courriel, ainsi que toute copie
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reconnaissants de votre collaboration.
---------- Original message ----------
From: "MinFinance / FinanceMin (FIN)" <fin.minfinance-financemin.
Date: Sun, 8 Apr 2018 17:44:57 +0000
Subject: RE: "The board would like to hear submissions from every party regarding what I'm raising." YEA RIGHT NOW THATS PRETTY FUNNY EH JOHNNY "NEVER BEEN GOOD" LOGAN?
To: David Amos <motomaniac333@gmail.com>
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
---------- Original message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Mon, 9 Apr 2018 11:28:30 +0000
Subject: RE: "The board would like to hear submissions from every
party regarding what I'm raising." YEA RIGHT NOW THATS PRETTY FUNNY EH
JOHNNY "NEVER BEEN GOOD" LOGAN?
To: David Amos <motomaniac333@gmail.com>
Thank you for your email to the New Brunswick Energy and Utilities
Board.
This is to acknowledge receipt of the comments you have forwarded to
the Board.
***
La Commission de l'énergie et des services publics du Nouveau-
Brunswick vous remercie pour votre courriel.
Nous accusons réception des commentaires que vous avez fait parvenir
à la Commission.
N.B. Energy and Utilities Board
Commission de l’énergie et des services publics du N.-B.
15 Market Square – Suite 1400
P.O. Box 5001/C.P. 5001
Saint John, NB E2L 4Y9
Telephone : 506-658-2504
Fax/Télécopieur : 506-643-7300
Email : general@nbeub.ca / Courriel : general@cespnb.ca
Website: www.nbeub.ca / Site Web : www.cespnb.ca
Confidentiality Notice
This private message (and any attachments) is for the exclusive use of
the individual for whom, or entity for which, it is intended. It may
contain information that is privileged, confidential or exempt from
disclosure by law. Its author does not waive the protection afforded
to it under applicable law. Disclosure to anyone other than the
intended recipient does not constitute waiver of privilege. Its
possession or usage, by any person other than the one for whom it is
intended, is not authorized by its author and is strictly prohibited.
If you have received this communication in error, please notify us
immediately, at our expense, by telephone at (506) 658-2504. Also, if
you received this email in error, delete it and any attachments from
your computer system and records. Thank you.
Avis de confidentialité
Ce message privé (et toutes les pièces jointes) est à l'usage exclusif
de la personne pour laquelle ou entité pour laquelle, il est destiné.
Il peut contenir des informations qui sont personnelles,
confidentielles ou exemptées de la divulgation par la loi. Son auteur
ne renonce pas à la protection accordée en vertu de la loi applicable.
Sa divulgation à toute personne autre que son destinataire ne
constitue pas une renonciation de privilège. Sa possession ou
l'utilisation, par une personne autre que celle pour laquelle il est
destiné, n'est pas autorisée par son auteur et est strictement
interdite. Si vous recevez cette communication par erreur, veuillez
nous appeler dans les plus brefs délais, à frais virés, au (506)
658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre système
informatique et de vos dossiers. Merci.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sun, 8 Apr 2018 13:44:46 -0400
Subject: "The board would like to hear submissions from every party
regarding what I'm raising." YEA RIGHT NOW THATS PRETTY FUNNY
@CTVAtlantic Deja Vu for you sneaky dudes
"For example NB Power
revealed it is not sharing all of the savings with customers, instead
keeping an unknown amount for itself to boost profits."
===
Windfall gains like this get split between the owners and customers. A somewhat different approach than they proposed for windfall losses (like storm damage). ;-)
===
Windfall gains like this get split between the owners and customers. A somewhat different approach than they proposed for windfall losses (like storm damage). ;-)
David Amos
@Roy Kirk Good Point
Furthermore how can they consider it a boost in profits when in fact they have failed in recovering a monumental loss and had to stop because the lawyers were picking us clean with their legal fees?
Furthermore how can they consider it a boost in profits when in fact they have failed in recovering a monumental loss and had to stop because the lawyers were picking us clean with their legal fees?
Fred Brewer
"NB Power revealed it is not
sharing all of the savings with customers, instead keeping an unknown
amount for itself to boost profits. "
Now we know why NB Power wants to keep the settlement terms confidential. We would likely be outraged by the amount going towards executive bonuses.
Now we know why NB Power wants to keep the settlement terms confidential. We would likely be outraged by the amount going towards executive bonuses.
David Amos
@Fred Brewer Methinks we may be upset at how little they settled for N'esy Pas?
stephen blunston
@David Amos outraged at all the waste at NB power and in NB in general
June Arnott
When is enough enough!!
These people do not know how to run this business effectively. And now
they are going to be giving money to the execs, because they are doing
such an awful job.
David Amos
@June Arnott "When is enough enough!!"
Methinks it won't happen in this election year N'esy Pas?
Methinks it won't happen in this election year N'esy Pas?
Archie Levesque
They need the extra money for their bonuses for doing fantastic work for the people of NB
David Amos
@Archie Levesque Don't you feel honoured to have such clever people working for us?
Bernard Cormier
It is easier to pay the few dollars a month more than to be upset about it. Negative frame of mind will just wear you out.
David Amos
@Bernard Cormier Methinks that may be one of the reasons why Harper called Maritimers defeatists a long time ago N'esy Pas?
Alexandre Hilton
@Bernard Cormier The absolute state of Capitalism. Ignorance truly is bliss.
David Amos
"It also disclosed that some
of the savings are not related to lower debt but are coming from an end
to substantial annual legal fees it has been paying to pursue a
settlement."
Methinks I was right about lawyers N'esy Pas?
Methinks I was right about lawyers N'esy Pas?
---------- Original message ----------
From: "Connelly Bosse, Natacha" <NConnellyBosse@nbpower.com>
Date: Sun, 8 Apr 2018 17:44:50 +0000
Subject: Automatic reply: EXT - "The board would like to hear submissions from
every party regarding what I'm raising." YEA RIGHT NOW THATS PRETTY FUNNY
EH JOHNNY "NEVER BEEN GOOD" LOGAN?
To: David Amos <motomaniac333@gmail.com>
Hi, Please note that I will beaway from the office until April 23rd
inclusively with some access to email. I will reply to your message
upon my return.
Bonjour, Veuillez noter que je serai absente du bureau jusqu'au 23
avril inclusivement mais je lirai mes courriels a quelques reprises.
Je répondrai à votre message à mon retour.
______________________________
This e-mail communication (including any or all attachments) is
intended only for the use of the person or entity to which it is
addressed and may contain confidential and/or privileged material. If
you are not the intended recipient of this e-mail, any use, review,
retransmission, distribution, dissemination, copying, printing, or
other use of, or taking of any action in reliance upon this e-mail, is
strictly prohibited. If you have received this e-mail in error, please
contact the sender and delete the original and any copy of this e-mail
and any printout thereof, immediately. Your co-operation is
appreciated.
Le présent courriel (y compris toute pièce jointe) s'adresse
uniquement à son destinataire, qu'il soit une personne ou un
organisme, et pourrait comporter des renseignements privilégiés ou
confidentiels. Si vous n'êtes pas le destinataire du courriel, il est
interdit d'utiliser, de revoir, de retransmettre, de distribuer, de
disséminer, de copier ou d'imprimer ce courriel, d'agir en vous y
fiant ou de vous en servir de toute autre façon. Si vous avez reçu le
présent courriel par erreur, prière de communiquer avec l'expéditeur
et d'éliminer l'original du courriel, ainsi que toute copie
électronique ou imprimée de celui-ci, immédiatement. Nous sommes
reconnaissants de votre collaboration.
---------- Original message ----------
From: "MinFinance / FinanceMin (FIN)" <fin.minfinance-financemin.
Date: Sun, 8 Apr 2018 17:44:57 +0000
Subject: RE: "The board would like to hear submissions from every party regarding what I'm raising." YEA RIGHT NOW THATS PRETTY FUNNY EH JOHNNY "NEVER BEEN GOOD" LOGAN?
To: David Amos <motomaniac333@gmail.com>
The Department of Finance acknowledges receipt of your electronic
correspondence. Please be assured that we appreciate receiving your
comments.
Le ministère des Finances accuse réception de votre correspondance
électronique. Soyez assuré(e) que nous apprécions recevoir vos
commentaires.
---------- Original message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Mon, 9 Apr 2018 11:28:30 +0000
Subject: RE: "The board would like to hear submissions from every
party regarding what I'm raising." YEA RIGHT NOW THATS PRETTY FUNNY EH
JOHNNY "NEVER BEEN GOOD" LOGAN?
To: David Amos <motomaniac333@gmail.com>
Thank you for your email to the New Brunswick Energy and Utilities
Board.
This is to acknowledge receipt of the comments you have forwarded to
the Board.
***
La Commission de l'énergie et des services publics du Nouveau-
Brunswick vous remercie pour votre courriel.
Nous accusons réception des commentaires que vous avez fait parvenir
à la Commission.
N.B. Energy and Utilities Board
Commission de l’énergie et des services publics du N.-B.
15 Market Square – Suite 1400
P.O. Box 5001/C.P. 5001
Saint John, NB E2L 4Y9
Telephone : 506-658-2504
Fax/Télécopieur : 506-643-7300
Email : general@nbeub.ca / Courriel : general@cespnb.ca
Website: www.nbeub.ca / Site Web : www.cespnb.ca
Confidentiality Notice
This private message (and any attachments) is for the exclusive use of
the individual for whom, or entity for which, it is intended. It may
contain information that is privileged, confidential or exempt from
disclosure by law. Its author does not waive the protection afforded
to it under applicable law. Disclosure to anyone other than the
intended recipient does not constitute waiver of privilege. Its
possession or usage, by any person other than the one for whom it is
intended, is not authorized by its author and is strictly prohibited.
If you have received this communication in error, please notify us
immediately, at our expense, by telephone at (506) 658-2504. Also, if
you received this email in error, delete it and any attachments from
your computer system and records. Thank you.
Avis de confidentialité
Ce message privé (et toutes les pièces jointes) est à l'usage exclusif
de la personne pour laquelle ou entité pour laquelle, il est destiné.
Il peut contenir des informations qui sont personnelles,
confidentielles ou exemptées de la divulgation par la loi. Son auteur
ne renonce pas à la protection accordée en vertu de la loi applicable.
Sa divulgation à toute personne autre que son destinataire ne
constitue pas une renonciation de privilège. Sa possession ou
l'utilisation, par une personne autre que celle pour laquelle il est
destiné, n'est pas autorisée par son auteur et est strictement
interdite. Si vous recevez cette communication par erreur, veuillez
nous appeler dans les plus brefs délais, à frais virés, au (506)
658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre système
informatique et de vos dossiers. Merci.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sun, 8 Apr 2018 13:44:46 -0400
Subject: "The board would like to hear submissions from every party
regarding what I'm raising." YEA RIGHT NOW THATS PRETTY FUNNY
EH JOHNNY "NEVER BEEN GOOD" LOGAN?
To: "Robert. Jones" <Robert.Jones@cbc.ca>, "chris.collins" <chris.collins@gnb.ca>, "darrow.macintyre" <darrow.macintyre@cbc.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
To: "Robert. Jones" <Robert.Jones@cbc.ca>, "chris.collins" <chris.collins@gnb.ca>, "darrow.macintyre" <darrow.macintyre@cbc.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"Bill.Morneau" <Bill.Morneau@canada.ca>, "Dominic.Cardy" <Dominic.Cardy@gnb.ca>,
"sylvie.gadoury"
<sylvie.gadoury@radio-canada.
premier <premier@gnb.ca>, "rick.doucet" <rick.doucet@gnb.ca>,
"Jack.Keir" <Jack.Keir@gnb.ca>, "greg.byrne" <greg.byrne@gnb.ca>,
"David.Coon" <David.Coon@gnb.ca>, NBEUB/CESPNB <general@nbeub.ca>,
premier <premier@gnb.ca>, "rick.doucet" <rick.doucet@gnb.ca>,
"Jack.Keir" <Jack.Keir@gnb.ca>, "greg.byrne" <greg.byrne@gnb.ca>,
"David.Coon" <David.Coon@gnb.ca>, NBEUB/CESPNB <general@nbeub.ca>,
cra.minister-ministre.arc@cra.
jfurey@nbpower.com, lcozzarini@nbpower.com, wharrison@nbpower.com,
srussell@nbpower.com, NConnellyBosse@nbpower.com,
NBPRegulatory@nbpower.com, John.Lawton@nbeub.ca, ecdesmond@nbeub.ca,
Michael.Dickie@nbeub.ca, Dave.Young@nbeub.ca
Cc: David Amos <david.raymond.amos@gmail.com>
jfurey@nbpower.com, lcozzarini@nbpower.com, wharrison@nbpower.com,
srussell@nbpower.com, NConnellyBosse@nbpower.com,
NBPRegulatory@nbpower.com, John.Lawton@nbeub.ca, ecdesmond@nbeub.ca,
Michael.Dickie@nbeub.ca, Dave.Young@nbeub.ca
Cc: David Amos <david.raymond.amos@gmail.com>
"steve.murphy" <steve.murphy@ctv.ca>,
John.Logan@gnb.ca, andrew.logan@tsdca.com,
nmoore <nmoore@bellmedia.ca>, "michael.dixon" <michael.dixon@blakes.com>,
nmoore <nmoore@bellmedia.ca>, "michael.dixon" <michael.dixon@blakes.com>,
"Jacques.Poitras" <Jacques.Poitras@cbc.ca>,
oldmaison <oldmaison@yahoo.com>,
andre <andre@jafaust.com>,
jbosnitch <jbosnitch@gmail.com>
JOHN B D LOGAN
Senior Advisor
Deputy Minister (Deputy Head's Office)
Energy and Resource Development
Phone : (506) 453-4312
Fax : (506) 453-2930
Email : John.Logan@gnb.ca
https://twitter.com/
JOHN B D LOGAN
Senior Advisor
Deputy Minister (Deputy Head's Office)
Energy and Resource Development
Phone : (506) 453-4312
Fax : (506) 453-2930
Email : John.Logan@gnb.ca
https://twitter.com/
CHAIRMAN: I understand. So you don't have a position of the form itself. You are not going to sign a confidentiality document.
MR. AMOS: I find the form offensive in and of itself.
http://www.cbc.ca/news/canada/new-brunswick/nb-power-financial-details-1.4609442
NB Power's bid to hide financial details met with opposition from EUB
'Heavily redacted' document tries to hide NB Power's financial future following settlement
NB Power's bid to hide significant details of its finances, including projected profit and debt levels for the next 10 years, as part of an effort to keep the value of an insurance settlement secret, ran into opposition at its rate hearing Friday.
"Those documents are heavily redacted," said Energy and Utilities Board vice chairman Francois Beaulieu about evidence attached to a new rate proposal being made by the NB Power that also withholds critical information about the utility's true financial condition.
- NB Power cuts proposed rate hike to 1.5% after Point Lepreau settlement
- NB Power ordered to provide limited disclosure on settlement payouts
- NB Power says public best kept in dark over Lepreau refurbishment settlement
"I think the parties should have a discussion about this issue and if there's anything that should be unredacted," said Beaulieu about the hidden financial information.
"The board would like to hear submissions from every party regarding what I'm raising."
Redacted
New
rates filed by NB Power following an insurance windfall includes
evidence with all of its profit and debt level targets blacked out for
the next 10 years. (NB Power)The settlement is the
result of a six-year legal fight with insurance companies to recover
part of the $1 billion in cost overruns suffered by NB Power during the
Point Lepreau nuclear generating station refurbishment.
It argues that is critical to keeping the total settlement amount secret as it pursues another claim against the refurbishment contractor, Atomic Energy of Canada Ltd (AECL)
"The rationale behind all of the redactions is that the information that is redacted combined with information that is unredacted would enable a third party to calculate with reasonable accuracy the amount of the settlement," said NB Power lawyer John Furey
'We can't even see the bottom line'
Chris
Rouse, a self-represented intervener in the hearing complained on
Twitter that the secrecy placed on debt levels and profit targets, to
help hide the size of the insurance settlement, was robbing the public
of critical financial information about the power company.
Later in the hearing room Rouse made his point directly to the EUB and expressed regret the hearing had agreed to NB Power's request to keep the insurance settlement secret without an understanding of how that would drag other information into the dark.
"It's really difficult to partake in a rate hearing not knowing what net earnings are," said Rouse.
"If I had known that was at stake with the confidentiality agreement I probably would have argued that a lot differently. Lesson learned."
NB Power to provide explanation privately
Following
a two-hour private meeting among hearing participants to sort out
problems, Furey acknowledged to the board there was concern among some
about the extent of the financial information NB Power is proposing to
withhold about itself.
He said if either one does not accept the explanation, the issue can be battled out in front of the board itself.
"If we're unable to demonstrate that to them I would expect they would bring forward some form of objection to the board."
---------- Original message ----------
From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
Date: Thu, 5 Apr 2018 14:56:45 +0000
Subject: RE: Mr Jones I did something unusual between you and I and said Good Day
to you before I attended the Public
Interest Hearing of the NBEUB 375 Matter on Tuesday
Correct?
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Premier of New Brunswick. Please be
assured that your email will be reviewed.
If this is a media request, please forward your email to
media-medias@gnb.camed
>.
Thank you!To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Premier of New Brunswick. Please be
assured that your email will be reviewed.
If this is a media request, please forward your email to
media-medias@gnb.ca
******************************
Nous vous remercions d’avoir communiqué avec le premier ministre du
Nouveau-Brunswick. Soyez assuré(e) que votre courriel sera examiné.
Si ceci est une demande médiatique, prière de la transmettre à
media-medias@gnb.ca
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Thu, 5 Apr 2018 10:56:40 -0400
Subject: Mr Jones I did something unusual between you and I and said Good Day to you
before I attended the Public
Interest Hearing of the NBEUB 375 Matter on Tuesday Correct?
To: "Robert. Jones" <Robert.Jones@cbc.ca>, "darrow.macintyre" <darrow.macintyre@cbc.ca>, "sylvie.gadoury" <sylvie.gadoury@radio-canada.
"brian.gallant" <brian.gallant@gnb.ca>, premier <premier@gnb.ca>,
"rick.doucet" <rick.doucet@gnb.ca>, "Jack.Keir" <Jack.Keir@gnb.ca>,
"greg.byrne" <greg.byrne@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"Dominic.Cardy" <Dominic.Cardy@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>, NBEUB/CESPNB <general@nbeub.ca>, cra.minister-ministre.arc@cra.
To: "Robert. Jones" <Robert.Jones@cbc.ca>, "darrow.macintyre" <darrow.macintyre@cbc.ca>, "sylvie.gadoury" <sylvie.gadoury@radio-canada.
"brian.gallant" <brian.gallant@gnb.ca>, premier <premier@gnb.ca>,
"rick.doucet" <rick.doucet@gnb.ca>, "Jack.Keir" <Jack.Keir@gnb.ca>,
"greg.byrne" <greg.byrne@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"Dominic.Cardy" <Dominic.Cardy@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>, NBEUB/CESPNB <general@nbeub.ca>, cra.minister-ministre.arc@cra.
Cc:
David Amos <david.raymond.amos@gmail.com>
"michael.dixon" <michael.dixon@blakes.com>,
"Jacques.Poitras" <Jacques.Poitras@cbc.ca>, oldmaison <oldmaison@yahoo.com>,
"michael.dixon" <michael.dixon@blakes.com>,
"Jacques.Poitras" <Jacques.Poitras@cbc.ca>, oldmaison <oldmaison@yahoo.com>,
andre <andre@jafaust.com>,
jbosnitch <jbosnitch@gmail.com>
I bet you wondered why I did that after ignoring you all the other times EH?
FYI I did not bother to send to the CBC what I sent the questionable
lawyers before and during the hearing on Tuesday until I read your
spin on the matter today. There was no need anyway because I quite
simply don't exist to you snobby CBC dudes N'esy Pas?
However within the EUB Tuesday a whole other kettle of fish was argued
and it stunk to the high heavens to anyone ethical enough to pay
attention and respond to the fancy double talking lawyers.
So to that end Mr. Jones feel free to scroll through to bottom of an
old email found within this blog when you are bored for a little Deja
Vu. However it is the top portion that I will lay odds that have
caused Mr Furey and Mr. Dixon to be cursing me right about now
http://davidraymondamos3.
Thursday, 5 April 2018
NB Power and lawyers such as Michael Dixon like to keep secrets from
us but I see no reason to act like they do N'esy Pas?
Just so ya know I will be posting this email warts and all at the top
of this blog ASAP then Tweeting about it ASAP
http://davidraymondamos3.
I bet you wondered why I did that after ignoring you all the other times EH?
FYI I did not bother to send to the CBC what I sent the questionable
lawyers before and during the hearing on Tuesday until I read your
spin on the matter today. There was no need anyway because I quite
simply don't exist to you snobby CBC dudes N'esy Pas?
However within the EUB Tuesday a whole other kettle of fish was argued
and it stunk to the high heavens to anyone ethical enough to pay
attention and respond to the fancy double talking lawyers.
So to that end Mr. Jones feel free to scroll through to bottom of an
old email found within this blog when you are bored for a little Deja
Vu. However it is the top portion that I will lay odds that have
caused Mr Furey and Mr. Dixon to be cursing me right about now
http://davidraymondamos3.
Thursday, 5 April 2018
NB Power and lawyers such as Michael Dixon like to keep secrets from
us but I see no reason to act like they do N'esy Pas?
Just so ya know I will be posting this email warts and all at the top
of this blog ASAP then Tweeting about it ASAP
http://davidraymondamos3.
http://www.cbc.ca/news/canada/new-brunswick/nb-power-energy-and-utilities-board-1.4606382
NB Power cuts proposed rate hike to 1.5% after Point Lepreau settlement
Most commercial customers would pay a smaller increase of 0.68%
· CBC News · Posted: Apr 05, 2018 1:40 PM AT
NB Power is lowering this year's average
rate increase from two per cent to 1.5 per cent, according to documents
filed with the Energy and Utilities Board.
The utility officially applied to the Energy and Utilities Board on Thursday to lower its proposed increase to "reflect the impact of the settlement" it reached with insurance companies late last month over cost overruns during the Lepreau nuclear refurbishment.
The utility now proposes most customers, including residential customers, pay increases of 1.64 per cent, with most commercial customers paying smaller increases of just 0.68 per cent.
In a redacted filing explaining how the settlement money is being applied, NB Power indicated it has transferred the amount to debt owed on the Point Lepreau nuclear plant and will be sharing part of the subsequent savings in principal and interest payment with customers.
"The cash received has reduced debt immediately, through a reduction in both short-term and long-term debt, which will reduce interest expense and the debt management portfolio fee," the utility wrote in a report explaining the proposed changes.
There are hints the insurance settlement is likely in excess of $100 million, given the size of the proposed rate reductions but the utility is withholding enough information to make a detailed estimate impossible to calculate.
The proposed rate cut will save NB Power customers an estimated $7.1 million a year in charges. That's close to the annual interest and principal payments on $100 million of Lepreau-related debt, suggesting the settlement amount may have reduced debt by that amount.
However, there are other unknown financial elements in the settlement that make this assumption unreliable.
For example NB Power revealed it is not sharing all of the savings with customers, instead keeping an unknown amount for itself to boost profits.
It also disclosed that some of the savings are not related to lower debt but are coming from an end to substantial annual legal fees it has been paying to pursue a settlement.
The utility officially applied to the Energy and Utilities Board on Thursday to lower its proposed increase to "reflect the impact of the settlement" it reached with insurance companies late last month over cost overruns during the Lepreau nuclear refurbishment.
The utility now proposes most customers, including residential customers, pay increases of 1.64 per cent, with most commercial customers paying smaller increases of just 0.68 per cent.
- NB Power's proposed residential rate hike may be too high, hearing told
- NB Power ordered to provide limited disclosure on settlement payouts
- NB Power says public best kept in dark over Lepreau refurbishment settlement
In a redacted filing explaining how the settlement money is being applied, NB Power indicated it has transferred the amount to debt owed on the Point Lepreau nuclear plant and will be sharing part of the subsequent savings in principal and interest payment with customers.
"The cash received has reduced debt immediately, through a reduction in both short-term and long-term debt, which will reduce interest expense and the debt management portfolio fee," the utility wrote in a report explaining the proposed changes.
There are hints the insurance settlement is likely in excess of $100 million, given the size of the proposed rate reductions but the utility is withholding enough information to make a detailed estimate impossible to calculate.
Large savings
The proposed rate cut will save NB Power customers an estimated $7.1 million a year in charges. That's close to the annual interest and principal payments on $100 million of Lepreau-related debt, suggesting the settlement amount may have reduced debt by that amount.
However, there are other unknown financial elements in the settlement that make this assumption unreliable.
For example NB Power revealed it is not sharing all of the savings with customers, instead keeping an unknown amount for itself to boost profits.
It also disclosed that some of the savings are not related to lower debt but are coming from an end to substantial annual legal fees it has been paying to pursue a settlement.
http://www.cbc.ca/news/canada/new-brunswick/nb-power-provide-disclosure-1.4605427
NB Power ordered to provide limited disclosure on settlement payouts
Only Energy and Utilities Board and public intervener will have access to the information
NB
Power has been ordered to provide limited disclosure of what insurance
companies have agreed to pay it to settle claims from problems
encountered during the Point Lepreau nuclear plant refurbishment, but
that disclosure will be made only to the Energy and Utilities Board and
the public intervener.
"The sole consideration in this matter is whether the publication of the terms of settlement are necessary in the public interest," said EUB vice chairman Francois Beaulieu in a ruling Wednesday afternoon that then concluded full disclosure of the Lepreau settlement would not be best for anyone.
EUB
vice chairman Francois Beaulieu and the rest of the board members
decided the deal would have to be shared in full with the EUB and the
public intervener. (Shane Fowler/CBC)
"The
nature of these outstanding claims and the potential impact of any
undue disclosure of the settlement terms would be detrimental to NB
Power's commercial interests which in turn would be detrimental to the
interests of its ratepayers," said Beaulieu
However, the EUB decided the deal would have to be shared in full with both it and public intervener Heather Black to ensure the utility is dealing with the settlement amounts properly and to the benefit of its ratepayers.
"The board is satisfied the public intervener's role is sufficient to ensure that the public interest will be served," said Beaulieu in delivering the decision.
But it was also a partial defeat for NB Power, which had asked that none of the details of the settlement be shared except for the total amount — and only with the EUB.
NB Power lawyer John Furey said he did not know how insurers would react to the limited disclosure ruling but warned if they take a hard line it could cause considerable problems for the rate hearing, which is already weeks behind schedule.
NB Power lawyer John Furey had asked for none of the details to be released, except for the total amount. (Philip Drost/CBC)
Although the utility does not plan to take any action, the companies' intentions were not immediately known.
"It would be our [NB Power's] intention to waive the 10-day rule," said Furey. "I do have to make contact with insurers to ensure that they are also willing to waive the 10-day rule."
Last week, Calgary lawyer Michael Dixon, acting for the insurance companies, which are mostly European, sent a letter to NB Power objecting to any disclosure of the settlement.
"The information is not merely confidential and sensitive it is also privileged," wrote Dixon.
Although the settlement amount is unknown, NB Power has said it is large enough to affect how much of a rate increase it will need this year.
The utility was supposed to lower its original request for an average two per cent increase by Wednesday afternoon at 4:30 p.m., but uncertainly over how insurance companies will react to the EUB's ruling caused NB Power to miss that deadline.
The rate hearing began Feb. 7 and was supposed to conclude Feb. 23 with new rates in place by April 1. Instead, the hearing is now six weeks behind schedule with no immediate end in sight.
On Wednesday, Beaulieu said scheduling conflicts mean any further delays could push the hearings into May, June or possibly July before all of the evidence is heard.
"The sole consideration in this matter is whether the publication of the terms of settlement are necessary in the public interest," said EUB vice chairman Francois Beaulieu in a ruling Wednesday afternoon that then concluded full disclosure of the Lepreau settlement would not be best for anyone.
- NB Power says public best kept in dark over Lepreau refurbishment settlement
- Despite not knowing proposed rate increase, EUB pushes on with hearing
- NB Power says it needs lower rate increase after settlement with insurers
The insurance companies also want details kept secret as they too fight with AECL over claims it has made against them.
However, the EUB decided the deal would have to be shared in full with both it and public intervener Heather Black to ensure the utility is dealing with the settlement amounts properly and to the benefit of its ratepayers.
"The board is satisfied the public intervener's role is sufficient to ensure that the public interest will be served," said Beaulieu in delivering the decision.
Defeat for JD Irving Ltd.
The ruling was a defeat for NB Power's largest customer — JD Irving Ltd. — which had asked to view the settlement details on a confidential basis as part of its participation in the utility's ongoing rate hearing.But it was also a partial defeat for NB Power, which had asked that none of the details of the settlement be shared except for the total amount — and only with the EUB.
NB Power lawyer John Furey said he did not know how insurers would react to the limited disclosure ruling but warned if they take a hard line it could cause considerable problems for the rate hearing, which is already weeks behind schedule.
Furey
said legal rules grant both NB Power and insurance companies 10 days to
decide whether to challenge the board ruling in court.
"It would be our [NB Power's] intention to waive the 10-day rule," said Furey. "I do have to make contact with insurers to ensure that they are also willing to waive the 10-day rule."
Last week, Calgary lawyer Michael Dixon, acting for the insurance companies, which are mostly European, sent a letter to NB Power objecting to any disclosure of the settlement.
"The information is not merely confidential and sensitive it is also privileged," wrote Dixon.
Could affect rate increase
Although the settlement amount is unknown, NB Power has said it is large enough to affect how much of a rate increase it will need this year.
The utility was supposed to lower its original request for an average two per cent increase by Wednesday afternoon at 4:30 p.m., but uncertainly over how insurance companies will react to the EUB's ruling caused NB Power to miss that deadline.
The rate hearing began Feb. 7 and was supposed to conclude Feb. 23 with new rates in place by April 1. Instead, the hearing is now six weeks behind schedule with no immediate end in sight.
On Wednesday, Beaulieu said scheduling conflicts mean any further delays could push the hearings into May, June or possibly July before all of the evidence is heard.
About the Author
Robert
Jones has been a reporter and producer with CBC New Brunswick since
1990. His investigative reports on petroleum pricing in New Brunswick
won several regional and national awards and led to the adoption of
price regulation in 2006.
---------- Original message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Tue, 3 Apr 2018 16:51:27 +0000
Subject: RE: RE My concerns about conflict of interests versus what
was said at the Public Interest Hearing in Matter 375 today
To: David Amos <motomaniac333@gmail.com>
Thank you for your email to the New Brunswick Energy and Utilities
Board.
This is to acknowledge receipt of the comments you have forwarded to
the Board.
***
La Commission de l'énergie et des services publics du Nouveau-
Brunswick vous remercie pour votre courriel.
Nous accusons réception des commentaires que vous avez fait parvenir
à la Commission.
N.B. Energy and Utilities Board
Commission de l’énergie et des services publics du N.-B.
15 Market Square – Suite 1400
P.O. Box 5001/C.P. 5001
Saint John, NB E2L 4Y9
Telephone : 506-658-2504
Fax/Télécopieur : 506-643-7300
Email : general@nbeub.ca / Courriel : general@cespnb.ca
Website: www.nbeub.ca / Site Web : www.cespnb.ca
Confidentiality Notice
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the individual for whom, or entity for which, it is intended. It may
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disclosure by law. Its author does not waive the protection afforded
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intended recipient does not constitute waiver of privilege. Its
possession or usage, by any person other than the one for whom it is
intended, is not authorized by its author and is strictly prohibited.
If you have received this communication in error, please notify us
immediately, at our expense, by telephone at (506) 658-2504. Also, if
you received this email in error, delete it and any attachments from
your computer system and records. Thank you.
Avis de confidentialité
Ce message privé (et toutes les pièces jointes) est à l'usage exclusif
de la personne pour laquelle ou entité pour laquelle, il est destiné.
Il peut contenir des informations qui sont personnelles,
confidentielles ou exemptées de la divulgation par la loi. Son auteur
ne renonce pas à la protection accordée en vertu de la loi applicable.
Sa divulgation à toute personne autre que son destinataire ne
constitue pas une renonciation de privilège. Sa possession ou
l'utilisation, par une personne autre que celle pour laquelle il est
destiné, n'est pas autorisée par son auteur et est strictement
interdite. Si vous recevez cette communication par erreur, veuillez
nous appeler dans les plus brefs délais, à frais virés, au (506)
658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre système
informatique et de vos dossiers. Merci.
-----Original Message-----
From: David Amos <motomaniac333@gmail.com>
Sent: Tuesday, April 3, 2018 1:48 PM
To: cra.minister-ministre.arc@cra.
jeffery.callaghan@
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>; Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca>; NBEUB/CESPNB <General@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; rdk@indecon.com; avitulli@indecon.com; efinamore@valutechsolutions.
rrichard@nb.aibn.com; leblanc.daniel.m@gmail.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
Cc: David Amos <david.raymond.amos333@gmail.
Subject: RE My concerns about conflict of interests versus what was said at the
Public Interest Hearing in Matter 375 today
Mr Stewart was asked today if his client was aware of the details of the settlement
with the Insurers and he claimed that the Irvings were not.
However his law firm Stewart McKelvey must because they work for NB Power as well
and according to CBC were involved in the lawsuit that has apparently been settled?
Why is that only I see a conflict of Interests?
http://www.cbc.ca/news/canada/
NB
Power and Atomic Energy of Canada Ltd. are suing 7 insurance companies
over cost overruns during the Point Lepreau refurbishment. (CBC)
---------- Original message ----------
From: NBEUB/CESPNB <General@nbeub.ca>
Date: Tue, 3 Apr 2018 16:51:27 +0000
Subject: RE: RE My concerns about conflict of interests versus what
was said at the Public Interest Hearing in Matter 375 today
To: David Amos <motomaniac333@gmail.com>
Thank you for your email to the New Brunswick Energy and Utilities
Board.
This is to acknowledge receipt of the comments you have forwarded to
the Board.
***
La Commission de l'énergie et des services publics du Nouveau-
Brunswick vous remercie pour votre courriel.
Nous accusons réception des commentaires que vous avez fait parvenir
à la Commission.
N.B. Energy and Utilities Board
Commission de l’énergie et des services publics du N.-B.
15 Market Square – Suite 1400
P.O. Box 5001/C.P. 5001
Saint John, NB E2L 4Y9
Telephone : 506-658-2504
Fax/Télécopieur : 506-643-7300
Email : general@nbeub.ca / Courriel : general@cespnb.ca
Website: www.nbeub.ca / Site Web : www.cespnb.ca
Confidentiality Notice
This private message (and any attachments) is for the exclusive use of
the individual for whom, or entity for which, it is intended. It may
contain information that is privileged, confidential or exempt from
disclosure by law. Its author does not waive the protection afforded
to it under applicable law. Disclosure to anyone other than the
intended recipient does not constitute waiver of privilege. Its
possession or usage, by any person other than the one for whom it is
intended, is not authorized by its author and is strictly prohibited.
If you have received this communication in error, please notify us
immediately, at our expense, by telephone at (506) 658-2504. Also, if
you received this email in error, delete it and any attachments from
your computer system and records. Thank you.
Avis de confidentialité
Ce message privé (et toutes les pièces jointes) est à l'usage exclusif
de la personne pour laquelle ou entité pour laquelle, il est destiné.
Il peut contenir des informations qui sont personnelles,
confidentielles ou exemptées de la divulgation par la loi. Son auteur
ne renonce pas à la protection accordée en vertu de la loi applicable.
Sa divulgation à toute personne autre que son destinataire ne
constitue pas une renonciation de privilège. Sa possession ou
l'utilisation, par une personne autre que celle pour laquelle il est
destiné, n'est pas autorisée par son auteur et est strictement
interdite. Si vous recevez cette communication par erreur, veuillez
nous appeler dans les plus brefs délais, à frais virés, au (506)
658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre système
informatique et de vos dossiers. Merci.
-----Original Message-----
From: David Amos <motomaniac333@gmail.com>
Sent: Tuesday, April 3, 2018 1:48 PM
To: cra.minister-ministre.arc@cra.
jeffery.callaghan@
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>; Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca>; NBEUB/CESPNB <General@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; rdk@indecon.com; avitulli@indecon.com; efinamore@valutechsolutions.
rrichard@nb.aibn.com; leblanc.daniel.m@gmail.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
Cc: David Amos <david.raymond.amos333@gmail.
Subject: RE My concerns about conflict of interests versus what was said at the
Public Interest Hearing in Matter 375 today
Mr Stewart was asked today if his client was aware of the details of the settlement
with the Insurers and he claimed that the Irvings were not.
However his law firm Stewart McKelvey must because they work for NB Power as well
and according to CBC were involved in the lawsuit that has apparently been settled?
Why is that only I see a conflict of Interests?
http://www.cbc.ca/news/canada/
Point Lepreau lawsuits may finally go to trial this year
NB Power, AECL suing insurance companies over Lepreau refurbishment overruns
A pair of multi-million dollar lawsuits
involving NB Power, Atomic Energy of Canada Ltd. and seven insurance
companies over who should pay for mistakes and delays during the
refurbishment at the Point Lepreau nuclear plant are taking longer than
the refurbishment itself, but may finally be ready to go to trial later
this year, court records show.
Last week, Saint John court clerk Amanda Evans sent a notice to AECL's Toronto lawyer, Paul Ivanoff, requesting an update on the case. Last year Ivanoff assured the court it would be ready to proceed this year.
"The Plaintiff expects to be in a position to enter the matter for trial in the spring of 2016 for a trial in either September 2016 or in Q4 of 2016," he wrote.
NB Power is seeking $320 million plus interest and costs, while AECL is looking for $204 million.
Each lawsuit is separate but are proceeding through the courts together.
The insurance companies, all operating under the banner of Lloyd's Underwriting, are being sued because they refused to pay for damage to the reactor's outer shell, known as the calandria, when it was improperly polished using coarse wire brushes during the refurbishment.
The polishing caused microscopic scratching and when new tubes were fitted into the calandria the scratches led to large numbers of the tubes flunking critical air leak tests.
All 380 tubes had to be removed and replaced, a setback that cost the project 22 months and hundreds of millions of dollars.
The insurance companies refused to pay, instead blaming AECL's and NB Power's negligence for the delays. (CBC)
The lawsuits were filed four years ago in February and have generated enormous amounts of paperwork and legal bills.
AECL says all sides have produced 100,000 documents for inspection.
Last year NB Power disclosed at the Energy and Utilities Board it had paid its legal firm Stewart McKelvey more than $1.5 million during a 12 month period in 2013 and 2014, although it did not specify how much of that was specifically for the Lepreau lawsuit.
Last week, Saint John court clerk Amanda Evans sent a notice to AECL's Toronto lawyer, Paul Ivanoff, requesting an update on the case. Last year Ivanoff assured the court it would be ready to proceed this year.
"The Plaintiff expects to be in a position to enter the matter for trial in the spring of 2016 for a trial in either September 2016 or in Q4 of 2016," he wrote.
The Point Lepreau refurbishment went three years longer than planned and over $1 billion over budget.
AECL
and NB Power are individually suing the same group of seven insurance
companies to recover money from the troubled refurbishment of
Point Lepreau, which took three years longer than expected and went more
than $1 billion over budget.
Each lawsuit is separate but are proceeding through the courts together.
Insurance companies refused to pay
The insurance companies, all operating under the banner of Lloyd's Underwriting, are being sued because they refused to pay for damage to the reactor's outer shell, known as the calandria, when it was improperly polished using coarse wire brushes during the refurbishment.
The polishing caused microscopic scratching and when new tubes were fitted into the calandria the scratches led to large numbers of the tubes flunking critical air leak tests.
All 380 tubes had to be removed and replaced, a setback that cost the project 22 months and hundreds of millions of dollars.
The
insurance companies rejected claims the calandria had been
"accidentally physically damaged" by the polishing mistake and instead
blamed AECL and NB Power's negligence.
AECL says all sides have produced 100,000 documents for inspection.
Last year NB Power disclosed at the Energy and Utilities Board it had paid its legal firm Stewart McKelvey more than $1.5 million during a 12 month period in 2013 and 2014, although it did not specify how much of that was specifically for the Lepreau lawsuit.
---------- Original message ----------
From: "Minister | Ministre (CRA/ARC)" <CRA.minister-ministre.ARC@
Date: Tue, 3 Apr 2018 15:00:59 +0000
Subject: Réponse automatique : RE What is being said about the CRA
today at the Public Interest Hearing in Matter 375 right now
To: David Amos <motomaniac333@gmail.com>
Merci d'avoir écrit à l'honorable Diane Lebouthillier, ministre du
Revenu national. Votre courriel sera lu avec soin et recevra toute
l'attention voulue.
Si votre courriel porte sur une demande de rencontre ou une invitation
à une activité particulière, nous tenons à vous assurer que votre
demande a été notée et transmise à notre adjointe à l'agenda.
***************************
Thank you for writing to the Honourable Diane Lebouthillier, Minister
of National Revenue. Your email will be read with care and will
receive every consideration.
If your email relates to a meeting request or an invitation to a
specific event, please be assured that your request has been noted and
sent to our scheduling assistant.
---------- Original message ----------
From: Scott Stoll <sstoll@airdberlis.com>
Date: Tue, 3 Apr 2018 15:00:49 +0000
Subject: Automatic reply: RE What is being said about the CRA today at
the Public Interest Hearing in Matter 375 right now
To: David Amos <motomaniac333@gmail.com>
I will be out of the office at a hearing until April 9th, 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: Tue, 3 Apr 2018 15:02:10 +0000
Subject: RE: RE What is being said about the CRA today at the Public
Interest Hearing in Matter 375 right now
To: David Amos <motomaniac333@gmail.com>
Thank you for your email to the Energy and Utilities Board.
This is to acknowledge receipt of the information you have forwarded
to the Board.
***
La Commission de l'énergie et des services publics du
Nouveau-Brunswick vous remercie pour votre courriel.
Nous accusons réception de l'information que vous avez fait parvenir
à la Commission.
N.B. Energy and Utilities Board
Commission de l’énergie et des services publics du N.-B.
15 Market Square – Suite 1400
P.O. Box 5001/C.P. 5001
Saint John, NB E2L 4Y9
Telephone : 506-658-2504
Fax/Télécopieur : 506-643-7300
Email : general@nbeub.ca / Courriel : general@cespnb.ca
Website: www.nbeub.ca / Site Web : www.cespnb.ca
Confidentiality Notice
This private message (and any attachments) is for the exclusive use of
the individual for whom, or entity for which, it is intended. It may
contain information that is privileged, confidential or exempt from
disclosure by law. Its author does not waive the protection afforded
to it under applicable law. Disclosure to anyone other than the
intended recipient does not constitute waiver of privilege. Its
possession or usage, by any person other than the one for whom it is
intended, is not authorized by its author and is strictly prohibited.
If you have received this communication in error, please notify us
immediately, at our expense, by telephone at (506) 658-2504. Also, if
you received this email in error, delete it and any attachments from
your computer system and records. Thank you.
Avis de confidentialité
Ce message privé (et toutes les pièces jointes) est à l'usage exclusif
de la personne pour laquelle ou entité pour laquelle, il est destiné.
Il peut contenir des informations qui sont personnelles,
confidentielles ou exemptées de la divulgation par la loi. Son auteur
ne renonce pas à la protection accordée en vertu de la loi applicable.
Sa divulgation à toute personne autre que son destinataire ne
constitue pas une renonciation de privilège. Sa possession ou
l'utilisation, par une personne autre que celle pour laquelle il est
destiné, n'est pas autorisée par son auteur et est strictement
interdite. Si vous recevez cette communication par erreur, veuillez
nous appeler dans les plus brefs délais, à frais virés, au (506)
658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre système
informatique et de vos dossiers. Merci.
-----Original Message-----
From: David Amos [mailto:motomaniac333@gmail.
Sent: Tuesday, April 03, 2018 12:01 PM
To: cra.minister-ministre.arc@cra.
jeffery.callaghan@
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>; Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca>; NBEUB/CESPNB <General@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; rdk@indecon.com; avitulli@indecon.com; efinamore@valutechsolutions.
From: "Minister | Ministre (CRA/ARC)" <CRA.minister-ministre.ARC@
Date: Tue, 3 Apr 2018 15:00:59 +0000
Subject: Réponse automatique : RE What is being said about the CRA
today at the Public Interest Hearing in Matter 375 right now
To: David Amos <motomaniac333@gmail.com>
Merci d'avoir écrit à l'honorable Diane Lebouthillier, ministre du
Revenu national. Votre courriel sera lu avec soin et recevra toute
l'attention voulue.
Si votre courriel porte sur une demande de rencontre ou une invitation
à une activité particulière, nous tenons à vous assurer que votre
demande a été notée et transmise à notre adjointe à l'agenda.
***************************
Thank you for writing to the Honourable Diane Lebouthillier, Minister
of National Revenue. Your email will be read with care and will
receive every consideration.
If your email relates to a meeting request or an invitation to a
specific event, please be assured that your request has been noted and
sent to our scheduling assistant.
---------- Original message ----------
From: Scott Stoll <sstoll@airdberlis.com>
Date: Tue, 3 Apr 2018 15:00:49 +0000
Subject: Automatic reply: RE What is being said about the CRA today at
the Public Interest Hearing in Matter 375 right now
To: David Amos <motomaniac333@gmail.com>
I will be out of the office at a hearing until April 9th, 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: Tue, 3 Apr 2018 15:02:10 +0000
Subject: RE: RE What is being said about the CRA today at the Public
Interest Hearing in Matter 375 right now
To: David Amos <motomaniac333@gmail.com>
Thank you for your email to the Energy and Utilities Board.
This is to acknowledge receipt of the information you have forwarded
to the Board.
***
La Commission de l'énergie et des services publics du
Nouveau-Brunswick vous remercie pour votre courriel.
Nous accusons réception de l'information que vous avez fait parvenir
à la Commission.
N.B. Energy and Utilities Board
Commission de l’énergie et des services publics du N.-B.
15 Market Square – Suite 1400
P.O. Box 5001/C.P. 5001
Saint John, NB E2L 4Y9
Telephone : 506-658-2504
Fax/Télécopieur : 506-643-7300
Email : general@nbeub.ca / Courriel : general@cespnb.ca
Website: www.nbeub.ca / Site Web : www.cespnb.ca
Confidentiality Notice
This private message (and any attachments) is for the exclusive use of
the individual for whom, or entity for which, it is intended. It may
contain information that is privileged, confidential or exempt from
disclosure by law. Its author does not waive the protection afforded
to it under applicable law. Disclosure to anyone other than the
intended recipient does not constitute waiver of privilege. Its
possession or usage, by any person other than the one for whom it is
intended, is not authorized by its author and is strictly prohibited.
If you have received this communication in error, please notify us
immediately, at our expense, by telephone at (506) 658-2504. Also, if
you received this email in error, delete it and any attachments from
your computer system and records. Thank you.
Avis de confidentialité
Ce message privé (et toutes les pièces jointes) est à l'usage exclusif
de la personne pour laquelle ou entité pour laquelle, il est destiné.
Il peut contenir des informations qui sont personnelles,
confidentielles ou exemptées de la divulgation par la loi. Son auteur
ne renonce pas à la protection accordée en vertu de la loi applicable.
Sa divulgation à toute personne autre que son destinataire ne
constitue pas une renonciation de privilège. Sa possession ou
l'utilisation, par une personne autre que celle pour laquelle il est
destiné, n'est pas autorisée par son auteur et est strictement
interdite. Si vous recevez cette communication par erreur, veuillez
nous appeler dans les plus brefs délais, à frais virés, au (506)
658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez
effacer ce courriel, ainsi que les pièces jointes, de votre système
informatique et de vos dossiers. Merci.
-----Original Message-----
From: David Amos [mailto:motomaniac333@gmail.
Sent: Tuesday, April 03, 2018 12:01 PM
To: cra.minister-ministre.arc@cra.
jeffery.callaghan@
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>; Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca>; NBEUB/CESPNB <General@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; rdk@indecon.com; avitulli@indecon.com; efinamore@valutechsolutions.
rrichard@nb.aibn.com;
leblanc.daniel.m@gmail.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
Cc: David Amos <david.raymond.amos333@gmail.
Subject: RE What is being said about the CRA today at the Public Interest Hearing in Matter 375
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
Cc: David Amos <david.raymond.amos333@gmail.
Subject: RE What is being said about the CRA today at the Public Interest Hearing in Matter 375
right now
KPMG audits NB Power Everybody knows that my concerns about the
Integrity KPMG is not privileged Information
KPMG audits NB Power Everybody knows that my concerns about the
Integrity KPMG is not privileged Information
---------- Forwarded message ----------
From: "Min.Mail / Courrier.Min (CRA/ARC)" <PABMINMAILG@cra-arc.gc.ca>
Date: Wed, 24 May 2017 13:10:52 +0000
Subject: Your various correspondence about abusive tax schemes - 2017-02631
To: "motomaniac333@gmail.com" <motomaniac333@gmail.com>
Mr. David Raymond Amos
motomaniac333@gmail.com
Dear Mr. Amos:
Thank you for your various correspondence about abusive tax schemes,
and for your understanding regarding the delay of this response.
This is an opportunity for me to address your concerns about the way
the Canada Revenue Agency (CRA) deals with aggressive tax planning,
tax avoidance, and tax evasion by targeting individuals and groups
that promote schemes intended to avoid payment of tax. It is also an
opportunity for me to present the Government of Canada’s main
strategies for ensuring fairness for all taxpayers.
The CRA’s mission is to preserve the integrity of Canada’s tax system,
and it is taking concrete and effective action to deal with abusive
tax schemes. Through federal budget funding in 2016 and 2017, the
government has committed close to $1 billion in cracking down on tax
evasion and combatting tax avoidance at home and through the use of
offshore transactions. This additional funding is expected to generate
federal revenues of $2.6 billion over five years for Budget 2016, and
$2.5 billion over five years for Budget 2017.
More precisely, the CRA is cracking down on tax cheats by hiring more
auditors, maintaining its underground economy specialist teams,
increasing coverage of aggressive goods and service tax/harmonized
sales tax planning, increasing coverage of multinational corporations
and wealthy individuals, and taking targeted actions aimed at
promoters of abusive tax schemes.
On the offshore front, the CRA continues to develop tools to improve
its focus on high‑risk taxpayers. It is also considering changes to
its Voluntary Disclosures Program following the first set of program
recommendations received from an independent Offshore Compliance
Advisory Committee. In addition, the CRA is leading international
projects to address the base erosion and profit shifting initiative of
the G20 and the Organisation for Economic Co-operation and
Development, and is collaborating with treaty partners to address the
Panama Papers leaks.
These actions are evidence of the government’s commitment to
protecting tax fairness. The CRA has strengthened its intelligence and
technical capacities for the early detection of abusive tax
arrangements and deterrence of those who participate in them. To
ensure compliance, it has increased the number of actions aimed at
promoters who use illegal schemes. These measures include increased
audits of such promoters, improved information gathering, criminal
investigations where warranted, and better communication with
taxpayers.
To deter potential taxpayer involvement in these schemes, the CRA is
increasing notifications and warnings through its communications
products. It also seeks partnerships with tax preparers, accountants,
and community groups so that they can become informed observers who
can educate their clients.
The CRA will assess penalties against promoters and other
representatives who make false statements involving illegal tax
schemes. The promotion of tax schemes to defraud the government can
lead to criminal investigations, fingerprinting, criminal prosecution,
court fines, and jail time.
Between April 1, 2011, and March 31, 2016, the CRA’s criminal
investigations resulted in the conviction of 42 Canadian taxpayers for
tax evasion with links to money and assets held offshore. In total,
the $34 million in evaded taxes resulted in court fines of $12 million
and 734 months of jail time.
When deciding to pursue compliance actions through the courts, the CRA
consults the Department of Justice Canada to choose an appropriate
solution. Complex tax-related litigation is costly and time consuming,
and the outcome may be unsuccessful. All options to recover amounts
owed are considered.
More specifically, in relation to the KPMG Isle of Man tax avoidance
scheme, publicly available court records show that it is through the
CRA’s efforts that the scheme was discovered. The CRA identified many
of the participants and continues to actively pursue the matter. The
CRA has also identified at least 10 additional tax structures on the
Isle of Man, and is auditing taxpayers in relation to these
structures.
To ensure tax fairness, the CRA commissioned an independent review in
March 2016 to determine if it had acted appropriately concerning KPMG
and its clients. In her review, Ms. Kimberley Brooks, Associate
Professor and former Dean of the Schulich School of Law at Dalhousie
University, examined the CRA’s operational processes and decisions in
relation to the KPMG offshore tax structure and its efforts to obtain
the names of all taxpayers participating in the scheme. Following this
review, the report, released on May 5, 2016, concluded that the CRA
had acted appropriately in its management of the KPMG Isle of Man
file. The report found that the series of compliance measures the CRA
took were in accordance with its policies and procedures. It was
concluded that the procedural actions taken on the KPMG file were
appropriate given the facts of this particular case and were
consistent with the treatment of taxpayers in similar situations. The
report concluded that actions by CRA employees were in accordance with
the CRA’s Code of Integrity and Professional Conduct. There was no
evidence of inappropriate interaction between KPMG and the CRA
employees involved in the case.
Under the CRA’s Code of Integrity and Professional Conduct, all CRA
employees are responsible for real, apparent, or potential conflicts
of interests between their current duties and any subsequent
employment outside of the CRA or the Public Service of Canada.
Consequences and corrective measures play an important role in
protecting the CRA’s integrity.
The CRA takes misconduct very seriously. The consequences of
misconduct depend on the gravity of the incident and its repercussions
on trust both within and outside of the CRA. Misconduct can result in
disciplinary measures up to dismissal.
All forms of tax evasion are illegal. The CRA manages the Informant
Leads Program, which handles leads received from the public regarding
cases of tax evasion across the country. This program, which
coordinates all the leads the CRA receives from informants, determines
whether there has been any non-compliance with tax law and ensures
that the information is examined and conveyed, if applicable, so that
compliance measures are taken. This program does not offer any reward
for tips received.
The new Offshore Tax Informant Program (OTIP) has also been put in
place. The OTIP offers financial compensation to individuals who
provide information related to major cases of offshore tax evasion
that lead to the collection of tax owing. As of December 31, 2016, the
OTIP had received 963 calls and 407 written submissions from possible
informants. Over 218 taxpayers are currently under audit based on
information the CRA received through the OTIP.
With a focus on the highest-risk sectors nationally and
internationally and an increased ability to gather information, the
CRA has the means to target taxpayers who try to hide their income.
For example, since January 2015, the CRA has been collecting
information on all international electronic funds transfers (EFTs) of
$10,000 or more ending or originating in Canada. It is also adopting a
proactive approach by focusing each year on four jurisdictions that
raise suspicion. For the Isle of Man, the CRA audited 3,000 EFTs
totalling $860 million over 12 months and involving approximately 800
taxpayers. Based on these audits, the CRA communicated with
approximately 350 individuals and 400 corporations and performed 60
audits.
In January 2017, I reaffirmed Canada’s important role as a leader for
tax authorities around the world in detecting the structures used for
aggressive tax planning and tax evasion. This is why Canada works
daily with the Joint International Tax Shelter Information Centre
(JITSIC), a network of tax administrations in over 35 countries. The
CRA participates in two expert groups within the JITSIC and leads the
working group on intermediaries and proponents. This ongoing
collaboration is a key component of the CRA’s work to develop strong
relationships with the international community, which will help it
refine the world-class tax system that benefits all Canadians.
The CRA is increasing its efforts and is seeing early signs of
success. Last year, the CRA recovered just under $13 billion as a
result of its audit activities on the domestic and offshore fronts.
Two-thirds of these recoveries are the result of its audit efforts
relating to large businesses and multinational companies.
But there is still much to do, and additional improvements and
investments are underway.
Tax cheats are having a harder and harder time hiding. Taxpayers who
choose to promote or participate in malicious and illegal tax
strategies must face the consequences of their actions. Canadians
expect nothing less. I invite you to read my most recent statement on
this matter at canada.ca/en/revenue-agency/
statement_from_
Thank you for taking the time to write. I hope the information I have
provided is helpful.
Sincerely,
The Honourable Diane Lebouthillier
Minister of National Revenue
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