Sunday 4 June 2023

Former public intervener asks to represent NB Power's residential ratepayers

 

EUB delays ruling on intervener for NB Power residential ratepayers

Lawyer Peter Hyslop argues residential customers need someone to look after their interests alone at hearings

A decision on whether NB Power will have to pay for an intervener to represent residential ratepayers has been delayed while the Energy and Utilities Board considers the issue.

Hartland lawyer Peter Hyslop, a former public intervener, made his case Thursday to represent residential NB Power customers when the board holds rate hearings that could lead to higher electricity bills.

Hyslop suggested public intervener Heather Black isn't able to represent the best interests of residential customers, since they are just a part of the "public" covered by her mandate.

   Th board is preparing for hearings on NB Power rates, which could lead to higher residential electricity bills. (Pat Richard/CBC)

"Residential ratepayers have a lot at stake in this hearing, and somebody should be advocating strictly for their best interests," said Hyslop.

"The public intervener has to wear many hats, which is a difficult role for her, so I'm at least coming forward. I'll do the best I can if the board rules in my favour."

For support, Hyslop cited cases he considered to be similar situations, but NB Power lawyer John Furey disagreed they were applicable. 

Furey didn't have any problem with Hyslop representing residential customers, but he disagreed that NB Power should pay for the work.

Black, the present intervener, also disagreed with Hyslop, saying she was able to represent both the public and residential customers at the same time.

Board chair Raymond Gorman says a decision will be made shortly after the June 22 deadline for written responses. (Pat Richard/CBC)

"I think we need to make clear that just because advancing the public interest is not the same as exclusively representing residential rateplayers, it does not mean that considering the interests of residential ratepayers is not a very significant component of representing public interest," said Black. 

The Energy and Utilities Board will come to a decision later, with chair Raymond Gorman stressing it was an important decision he didn't want to rush.

Gorman gave an opportunity to all parties involved to make written comments by June 22 at noon. Gorman said the board's written decision would follow shortly after that.

ABOUT THE AUTHOR

Philip Drost is a journalist with the CBC. You can reach him on Twitter @phildrost or by email at philip.drost@cbc.ca.

CBC's Journalistic Standards and Practices
 

 General Rate Application Stakeholder Session


David Amos

<david.raymond.amos@gmail.com>
Thu, Jun 22, 2017 at 11:45 AM
Reply-To: David Amos <David.Raymond.Amos@gmail.com>
To: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, "Hyslop, Peter" <gphlaw@nb.aibn.com>, gphlaw2@nb.aibn.com, bob@managesim.com, david.sollows@gnb.ca, Gilles.volpe@enbridge.com, Paul.Volpe@enbridge.com, dave.lavigne@enbridge.com, "Hoyt, Len" <len.hoyt@mcinnescooper.com>, KissPartyofNB@gmail.com, cstewart@stewartmckelvey.com, hanrahan.dion@jdirving.com, "Furey, John" <JFurey@nbpower.com>, "Russell, Stephen" <SRussell@nbpower.com>, "Harrison, Wanda" <WHarrison@nbpower.com>, NBP Regulatory <NBPRegulatory@nbpower.com>, "Connelly Bosse, Natacha" <NConnellyBosse@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Desmond, Ellen" <ecdesmond@nbeub.ca>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Lawton, John" <John.Lawton@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, heather.black@gnb.ca, rdk@indecon.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, leducjr@nb.sympatico.ca, Louis-Philippe Gauthier <Louis-Philippe.Gauthier@cfib.ca>, carmen.budilean@greenpartynb.ca, Margo Sheppard <sheppardmargo@gmail.com>, davidcoon@greenpartynb.ca, chris_r_31@hotmail.com, Gerard Daly <daly@nbnet.nb.ca>
Cc: John Todd <JTodd@elenchus.ca>

Yes I would like to participate and thank you for inviting me
 
Best Regards
David Raymond Amos

---------- Original message ----------
Sent: Friday, June 16, 2017 8:30 AM
To: Mitchell, Kathleen ; Hyslop, Peter ; gphlaw2@nb.aibn.com ; bob@managesim.com ; david.raymond.amos@gmail.com ; david.sollows@gnb.ca ; Gilles.volpe@enbridge.com ; Paul.Volpe@enbridge.com ; dave.lavigne@enbridge.com ; Hoyt, Len ; KissPartyofNB@gmail.com ; cstewart@stewartmckelvey.com ; hanrahan.dion@jdirving.com ; Furey, John ; Russell, Stephen ; Harrison, Wanda ; NBP Regulatory ; Connelly Bosse, Natacha ; NBEUB/CESPNB ; Desmond, Ellen ; Dickie, Michael ; Lawton, John ; Young, Dave ; heather.black@gnb.ca ; rdk@indecon.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 ; leducjr@nb.sympatico.ca ; Louis-Philippe Gauthier ; carmen.budilean@greenpartynb.ca ; Margo Sheppard ; davidcoon@greenpartynb.ca ; chris_r_31@hotmail.com ; Gerard Daly
Subject: General Rate Application Stakeholder Session
 

Hello,

 

NB Power is holding a Stakeholder Engagement Session on July 11 in Saint John. This session will be facilitated by John Todd of Elenchus Research Associates. The purpose of the session is to provide an opportunity for stakeholder input relating to the following issues that were raised by stakeholders in the 2017/18 General Rate Application (GRA):

·         Adjustment mechanisms for mitigating the impact of variances in financial results on progress toward NB Power legislated equity target; and

·         Enhancing the information provided in the 10 Year Plan that NB Power files for information purposes as part of each GRA by incorporating additional scenarios such as the worst and best credible case scenarios.

In preparation for the July 11 session, you are invited to participate in a conference call on June 26 at 2 pm. The purpose of the call is to establish the July 11 agenda and your interest in participating in this session.

The July 11 is intended to address matters related to material to be included in NB Power’s 2018/19 General Rate Application which will be filed in late September or early October. This session will not deal with issues related to NB Power’s Class Cost Allocation Studies since they are being addressed in a separate and on-going stakeholder engagement process. In addition, issues that are part of the Rate Design Application (Matter 357) that is before the Board cannot be addressed as part of this Stakeholder Engagement Session.  All matters currently under the purview of the EUB Advisory Group that is establishing GRA minimum filing requirements are also beyond the scope of this Stakeholder Engagement Session.

 

Your participation and insight on the above noted topics would be appreciated as NB Power strives to prepare information that reflects common beliefs and to consider the alternate scenarios that are of interest to stakeholders.

 

Please advise by reply email of your interest and availability to participate in the conference call by end of day on June 22 or by phoning NB Power Regulatory Affairs at 458-4022. Participants in the conference call will receive details regarding the conference call-in number after June 22.

 

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



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.

 

 

Methinks NB Power Made A Rather Huge Faux Pas Inviting The Likes Of Mean Old Me To Dice On The Public Record With a Bunch of Lawyers, Bureaucrats and Politicians N'esy Pas?

  

David Amos

<motomaniac333@gmail.com>
AttachmentSat, Jul 1, 2017 at 11:59 PM
To: David Amos <david.raymond.amos@gmail.com>, motorcyclemaniac333 <motorcyclemaniac333@gmail.com>, David Amos <david.raymond.amos333@gmail.com>
Cc: maritime_malaise <maritime_malaise@yahoo.ca>, motomaniac02186 <motomaniac02186@yahoo.com>
Bcc:Guess Who
 
 
Hey Fellas

Clearly the lawyer Peter Hyslop must have been the only one to read
this email. Clearly I sent it after speaking to him and his fellow
lawyer pal Kevin Toner the day before the EUB allowed me to intervene
and help them kick their greedy Conservative arses.

Gerry watched Hyslop approach me and shake my hand after the Public
Hearing of his motion. The lawyer did some comical doubletalking about
this email when I questioned him if he had read it and understood it.
FYI Hyslop was also invited to the secret meeting but I have no idea
if he will be attending.Furthermore all who attend are bound by
"Chatham House Rules" so to speak not to speak of any of it anyway.
However nobody can deny me the right to remind my friends of an email
I sent out to NB Power's lawyers and many others before I became an
Intervener in a PUBLIC EUB matter.
 
New Brunswick Energy and Utilities Board 

PARTICIPANTS - Matter 357

IN THE MATTER OF an application by New Brunswick Power Corporation with respect to proposed changes to its rate structure, rate classes and rate design. held at the Delta Hotel, Fredericton, N.B., on June 15th 2017

Page 7 line 21 to Page 9 line 2

CHAIRMAN: Thank you. And I don't see anything similar on Mr. Amos' intervenor request. So, Mr. Amos, just to clarify, you are also requesting to intervene personally, not on behalf of an organization?

MR. AMOS: I am here in my own name, speaking on my own interests in this matter. And most of the other intervenors and their lawyers know exactly who I am and why I am here.

CHAIRMAN: Well, Mr. Amos, are you a ratepayer of NB Power?

MR. AMOS: I am born and raised in this province. I have paid my share of power bills and taxes that support this Board and NB Power. I have issues with NB Power and this Board.

CHAIRMAN: So your intervention though is in relation to the rate design application –

MR. AMOS: My interest in this matter, I stand and speak only for myself. No Public Intervenor appointed by the Province or this Board, I speak in my name as a person of this province.

CHAIRMAN: Yes, I just -- Mr. Amos, I just wanted to clarify though that this is a rate design hearing, you understand that?

MR. AMOS: I absolutely do, yes.

CHAIRMAN: Okay. Thank you.

MR. AMOS: I speak for myself only and no one else.

CHAIRMAN: Okay. Thank you, Mr. Amos.

MR. FUREY: So no objection, Mr. Chair.

CHAIRMAN: All right. So them Mr. Amos and Mr. Bourque will also become intervenors in this matter. So we are going to give Mr. Hyslop a moment to set up.

Page 22 lines 11- 14                                
                                                                                         
CHAIRMAN: Thank you, Ms. Black. Mr. Amos, any questions with respect to the schedule?

MR. AMOS: None whatsoever. Everything is fine with me so far.

Page 56 line 5 to Page 58- line 13                                                                                                                                        
CHAIRMAN: Thank you. I think before I get to the Public Intervenor, Mr. Amos?       
                                                
MR. AMOS: Yes. Thank you, for allowing me to speak. I am not as articulate as the lawyers in the room but I do understand the law quite well. From my understanding, this Board is a creation of the crown. You represent the crown. And as Mr. Hyslop told us, you have similar powers of the Court of the Queen's Bench. NB Power is a crown corporation.                                              

As I look at the list of intervenors and their counsel with the exception of two lawyers from Toronto, a consultant from Massachusetts and one from Prince Edward Island, not only do a lot of folks in this room work for the crown and are paid their salaries or legal fees by way of my tax dollars, yours as well. You work, pay taxes and are subject to the same NB Power rates every one of us in the room are, except two lawyers from Toronto and two consultants from out of province. To me, you have rules to adhere to. Court of the Queen's Bench just doesn't suddenly decide there is a class action lawsuit I know for a fact nobody speaks for me without my blessings. And nobody can presume to. And if that person claims to speak on my behalf, I would rebut it before the court and say, no, they can have that class action and I will stick to my own guns, so to speak.

Looking at your question today, put before you by Mr. Hyslop, I will pretend to be King David's very wise son Solomon and split the baby in two. For instance, if the Board is paying the legal fees of any other intervenor other than Ms. Black and obviously NB Power -- for instance if JD Irving's legal counsel fees are being paid by the Board, then certainly Mr. Hyslop's client Ms. Power is entitled to the same. But I doubt that's the case. If Mr. Hyslop is successful today, I could get a lawyer. He could submit a fee. Mr. Bourque, anyone else. You could. 

Mr. Hyslop is a ratepayer and a taxpayer just like me. Why doesn't he intervene in his own behalf and speak in his own name as I do? Why doesn't he work pro bono for his own employee? I would say you don't have jurisdiction to make this decision. I would say Mr. Hyslop should intervene in his own name just like I do. Speak in his own name with his own opinions, leave the money out of it. That's my opinion. And it was his motion before this Board that brought me here today. I read it in another crown corporation, CBC, all of which is supported by our money. You work for the crown. But the crown works for me. You should act in my best interests and everybody else's in the room, including your own. I would say you don't have jurisdiction to make that decision. He should put it before the Court of the Queen's Bench let them put the hammer down on it and then order you to pay his fees if need be. That's my opinion.  

CHAIRMAN: Thank you, Mr. Amos. Mr. Bourque, do you have any comments?

MR. BOURQUE: No comment
 
 
In closing I will disclose that David Young and John Herron of the EUB
must be shitting bricks about now and nobody has bothered to ask me
why. That is indeed too too funny to Mean Old Me.

Best Regards
Dave
 
 
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Wed, 14 Jun 2017 11:46:15 -0400
Subject: RE The CBC report of Peter Hyslop versus NB Power and a
Perfect Storm in Fredericton tomorrow. Trust that all the lawyers
within McInnes Cooper know that nobody speaks for me unless I say OK
To: gphlaw@nb.aibn.com, "Robert. Jones" <Robert.Jones@cbc.ca>,
heather.black@mcinnescooper.com, "len.hoyt"
< len.hoyt@mcinnescooper.com>, "David.Coon" <David.Coon@gnb.ca>,
"blaine.higgs" <blaine.higgs@gnb.ca>, premier <premier@gnb.ca>, kelly
< kelly@lamrockslaw.com>, "Jack.Keir" <Jack.Keir@gnb.ca>, "greg.byrne"
< greg.byrne@gnb.ca>, carl.urquhart@gnb.ca, BrianThomasMacdonald
< BrianThomasMacdonald@gmail.com>, "mike.obrienfred"
< mike.obrienfred@gmail.com>, kevin.toner@nb.aibn.com, bbachrach
< bbachrach@bachrachlaw.net>, bdysart <bdysart@smss.com>, Craig Munroe
< cmunroe@glgmlaw.com>, "Gerald.Butts" <Gerald.Butts@pmo-cpm.gc.ca>,
"Michael.Wernick" <Michael.Wernick@pco-bcp.gc.ca>, "Michael.Duheme"
< Michael.Duheme@rcmp-grc.gc.ca>, "Larry.Tremblay"
< Larry.Tremblay@rcmp-grc.gc.ca>, "Gilles.Moreau"
< Gilles.Moreau@forces.gc.ca>, "Jonathan.Vance"
< Jonathan.Vance@forces.gc.ca>, "Bill.Morneau" <Bill.Morneau@canada.ca>
Cc: David Amos <david.raymond.amos@gmail.com>, wharrison@nbpower.com,
oldmaison <oldmaison@yahoo.com>, andre <andre@jafaust.com>, jbosnitch
< jbosnitch@gmail.com>

Wanda J. Harrison
Chief Legal Officer
New Brunswick Power Corporation
515 King St.
PO Box 2000, Stn. A
Fredericton, New Brunswick E3B 4X1
Phone: 506-458-3372
Email: wharrison@nbpower.com


Peter G. Hyslop,
Unit 16
380 Main St.
Hartland, New Brunswick E7P 2N2
Phone: 506-375-6700
Fax: 506-375-6715
Email: gphlaw@nb.aibn.com

https://ia902706.us.archive.org/35/items/PeterHyslopThePcBullshitterForNbPower/PeterHislop_64kb.mp3
 

Former public intervener asks to represent NB Power's residential ratepayers

Peter Hyslop gets support from P.E.I. consultant, who says residential customers need voice at rate hearings

With parties lining up to argue for higher residential electricity bills at NB Power's upcoming rate design hearing, especially for people who use electric heat, a former public intervener is arguing residential customers need to be represented by their own lawyer — and he is proposing himself for the job.

Hartland lawyer Peter Hyslop says the interests of residential ratepayers need to be heard. (CBC)

"The interests of the residential rate payers, as a class, are meritorious," Hartland lawyer Peter Hyslop wrote in a motion submitted to the Energy and Utilities Board this week.

"It is necessary for the proper completion of the record in this application that the interests of the residential rate class be presented."

Year-long review 

NB Power is in the middle of a year-long look at how it bills various customers for electricity. The review could result in prices charged by the utility changing dramatically.

Some of the most significant proposals are aimed at homeowners and apartment dwellers, including higher than average rate increases for that group, premium prices for electric heat and the possible adoption of different rates at different times of the day, different days of the week or different months of the year.  

  NB Power is undergoing a year-long review of how it bills various customers for electricity. (Shane Fowler/CBC)

Companies that are already on record as favouring some of those ideas, including Enbridge Gas New Brunswick and J.D. Irving Ltd. have their own lawyers who will be presenting evidence and arguments in support of their positions. 


Enbridge has long argued electric heat prices are artificially low in New Brunswick, making it more difficult for the company to attract customers while J.D. Irving has expressed concern industrial rates are too high, in part, because evidence has shown NB Power undercharges homeowners.

'Advocate in the public interest'

Heather Black, the current public intervener, will be participating at the hearing but she is not legally permitted to represent the interests of any single group, including residential customers. Instead she is exclusively required to "advocate in the public interest," even if the public interest is not necessarily favourable to homeowners.

Public intervener Heather Black says she isn't legally permitted to represent the interests of any other single group. (CBC)

"Legislation prohibits me from representing or advocating on behalf of a particular class of customers," Black wrote in a statement to CBC News.   

"My role is to assist the Board by submitting evidence and advancing arguments that consider the broader public interest, which has many — sometimes conflicting — components."

Residential consumers are NB Power's largest customer group, accounting for 46 per cent of the utility's in-province sales and Hyslop is arguing it needs aggressive and well-financed representation to avoid unfair treatment.

Asks utility to pay costs

In an unusual manoeuvre that began two weeks ago, Hyslop's legal assistant, Carolanne Power, applied to intervene in the rate design hearing as a residential customer and then gave notice she would be asking for Hyslop to represent her — and all other residential customers — at NB Power's expense.

"She will be seeking an Order from the Board directing (NB Power) to pay her costs for the intervention, including but not limited to legal fees, professional advisors and all proper and necessary costs and expenses related thereto," reads Power's application. 

P.E.I. energy consultant Robert O'Rourke agrees the residential rate class must be represented at hearings. (CBC)

Neither NB Power nor Hyslop would agree to an interview prior to their motion being heard Thursday but have submitted partial arguments in writing, including an affidavit from P.E.I. regulatory consultant Robert O'Rourke.

"I am of the view that the residential rate class must be represented in this matter to ensure that the proper evidence arguments and submissions before this Board can be properly presented," says O'Rourke's affadavit. 

"In the absence of such evidence, representation and submissions I am of the view that a significant impact may result on today's residential rate class."

No response

NB Power did not immediately respond to questions about Hyslop's request that it pay his bills, but the request, if granted, could cost the utility hundreds of thousands of dollars.

The province has paid a number of private practice lawyers over the years to intervene at Energy and Utilities Board hearings, and the bill for expert and legal fees has never been less than $40,000 and several times exceeded $500,000.

Hyslop served as public intervener at a number of NB Power hearings more than a decade ago during the term of the Bernard Lord government.

The current rate design hearing is not scheduled until April 2018 but there are several months of pre-hearing activities, including the preparation of studies and expert evidence.

ABOUT THE AUTHOR


Robert Jones

Reporter

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.

CBC's Journalistic Standards and Practices

 
 

---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 13 Jun 2017 15:16:38 -0400
Subject: Attn Laura Lee Langley, Karen Hudson and Joanne Munro I just
called all three of your offices to inform you of my next lawsuit
against Nova Scotia
To: LauraLee.Langley@novascotia.ca
, Karen.Hudson@novascotia.ca,
Joanne.Munro@novascotia.ca
Cc: David Amos <david.raymond.amos@gmail.com>

https://novascotia.ca/exec_council/NSDeputies.html

https://novascotia.ca/exec_council/LLLangley-bio.html

Laura Lee Langley
1700 Granville Street, 5th Floor
One Government Place
Halifax, Nova Scotia B3J 1X5
Phone: (902) 424-8940
Fax: (902) 424-0667
Email: LauraLee.Langley@novascotia.ca

https://novascotia.ca/just/deputy.asp

Karen Hudson Q.C.
1690 Hollis Street, 7th Floor
Joseph Howe Building
Halifax, NS B3J 3J9
Phone: (902) 424-4223
Fax: (902) 424-0510
Email: Karen.Hudson@novascotia.ca

https://novascotia.ca/sns/ceo.asp

Joanne Munro:
1505 Barrington Street, 14-South
Maritime Centre
Halifax, Nova Scotia B3J 3K5
Phone: (902) 424-4089
Fax: (902) 424-5510
Email: Joanne.Munro@novascotia.ca

If you don't wish to speak to me before I begin litigation then I
suspect the Integrity Commissioner New Brunswick or the Federal Crown
Counsel can explain the email below and the documents hereto attached
to you and your Premier etc.

Veritas Vincit
David Raymond Amos
902 800 0369

---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 12 Jun 2017 09:32:09 -0400
Subject: Attn Integrity Commissioner Alexandre Deschênes, Q.C.,
To: coi <coi@gnb.ca>
Cc: David Amos <david.raymond.amos@gmail.com>

Good Day Sir

After I heard you speak on CBC I called your office again and managed
to speak to one of your staff for the first time

Please find attached the documents I promised to send to the lady who
answered the phone this morning. Please notice that not after the Sgt
at Arms took the documents destined to your office his pal Tanker
Malley barred me in writing with an "English" only document.

These are the hearings and the dockets in Federal Court that I
suggested that you study closely.

This is the docket in Federal Court

http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T

These are digital recordings of  the last three hearings

Dec 14th https://archive.org/details/BahHumbug

January 11th, 2016 https://archive.org/details/Jan11th2015

April 3rd, 2017

https://archive.org/details/April32017JusticeLeblancHearing


This is the docket in the Federal Court of Appeal

http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=A-48-16&select_court=All


The only hearing thus far

May 24th, 2017

https://archive.org/details/May24thHoedown


This Judge understnds the meaning of the word Integrity

Date: 20151223

Docket: T-1557-15

Fredericton, New Brunswick, December 23, 2015

PRESENT:        The Honourable Mr. Justice Bell

BETWEEN:

DAVID RAYMOND AMOS

Plaintiff

and

HER MAJESTY THE QUEEN

Defendant

ORDER

(Delivered orally from the Bench in Fredericton, New Brunswick, on
December 14, 2015)

The Plaintiff seeks an appeal de novo, by way of motion pursuant to
the Federal Courts Rules (SOR/98-106), from an Order made on November
12, 2015, in which Prothonotary Morneau struck the Statement of Claim
in its entirety.

At the outset of the hearing, the Plaintiff brought to my attention a
letter dated September 10, 2004, which he sent to me, in my then
capacity as Past President of the New Brunswick Branch of the Canadian
Bar Association, and the then President of the Branch, Kathleen Quigg,
(now a Justice of the New Brunswick Court of Appeal).  In that letter
he stated:

As for your past President, Mr. Bell, may I suggest that you check the
work of Frank McKenna before I sue your entire law firm including you.
You are your brother’s keeper.

Frank McKenna is the former Premier of New Brunswick and a former
colleague of mine at the law firm of McInnes Cooper. In addition to
expressing an intention to sue me, the Plaintiff refers to a number of
people in his Motion Record who he appears to contend may be witnesses
or potential parties to be added. Those individuals who are known to
me personally, include, but are not limited to the former Prime
Minister of Canada, The Right Honourable Stephen Harper; former
Attorney General of Canada and now a Justice of the Manitoba Court of
Queen’s Bench, Vic Toews; former member of Parliament Rob Moore;
former Director of Policing Services, the late Grant Garneau; former
Chief of the Fredericton Police Force, Barry McKnight; former Staff
Sergeant Danny Copp; my former colleagues on the New Brunswick Court
of Appeal, Justices Bradley V. Green and Kathleen Quigg, and, retired
Assistant Commissioner Wayne Lang of the Royal Canadian Mounted
Police.

In the circumstances, given the threat in 2004 to sue me in my
personal capacity and my past and present relationship with many
potential witnesses and/or potential parties to the litigation, I am
of the view there would be a reasonable apprehension of bias should I
hear this motion. See Justice de Grandpré’s dissenting judgment in
Committee for Justice and Liberty et al v National Energy Board et al,
[1978] 1 SCR 369 at p 394 for the applicable test regarding
allegations of bias. In the circumstances, although neither party has
requested I recuse myself, I consider it appropriate that I do so.


AS A RESULT OF MY RECUSAL, THIS COURT ORDERS that the Administrator of
the Court schedule another date for the hearing of the motion.  There
is no order as to costs.

“B. Richard Bell”
Judge


Below after the CBC article about your concerns (I made one comment
already) you will find the text of just two of many emails I had sent
to your office over the years since I first visited it in 2006.

 I noticed that on July 30, 2009, he was appointed to the  the Court
Martial Appeal Court of Canada  Perhaps you should scroll to the
bottom of this email ASAP and read the entire Paragraph 83  of my
lawsuit now before the Federal Court of Canada?

"FYI This is the text of the lawsuit that should interest Trudeau the most

http://davidraymondamos3.blogspot.ca/2015/09/v-behaviorurldefaultvmlo.html

83 The Plaintiff states that now that Canada is involved in more war
in Iraq again it did not serve Canadian interests and reputation to
allow Barry Winters to publish the following words three times over
five years after he began his bragging:

January 13, 2015
This Is Just AS Relevant Now As When I wrote It During The Debate

December 8, 2014
Why Canada Stood Tall!

Friday, October 3, 2014
Little David Amos’ “True History Of War” Canadian Airstrikes And
Stupid Justin Trudeau?


Vertias Vincit
David Raymond Amos
902 800 0369

P.S. Whereas this CBC article is about your opinion of the actions of
the latest Minister Of Health trust that Mr Boudreau and the CBC have
had my files for many years and the last thing they are is ethical.
Ask his friends Mr Murphy and the RCMP if you don't believe me.

Subject:
Date: Tue, 30 Jan 2007 12:02:35 -0400
From: "Murphy, Michael B. \(DH/MS\)" MichaelB.Murphy@gnb.ca
To: motomaniac_02186@yahoo.com

January 30, 2007

WITHOUT PREJUDICE

Mr. David Amos

Dear Mr. Amos:

This will acknowledge receipt of a copy of your e-mail of December 29,
2006 to Corporal Warren McBeath of the RCMP.

Because of the nature of the allegations made in your message, I have
taken the measure of forwarding a copy to Assistant Commissioner Steve
Graham of the RCMP “J” Division in Fredericton.

Sincerely,

Honourable Michael B. Murphy
Minister of Health

CM/cb


Warren McBeath warren.mcbeath@rcmp-grc.gc.ca wrote:

Date: Fri, 29 Dec 2006 17:34:53 -0500
From: "Warren McBeath" warren.mcbeath@rcmp-grc.gc.ca
To: kilgoursite@ca.inter.net, MichaelB.Murphy@gnb.ca,
nada.sarkis@gnb.ca, wally.stiles@gnb.ca, dwatch@web.net,
motomaniac_02186@yahoo.com
CC: ottawa@chuckstrahl.com, riding@chuckstrahl.com,John.Foran@gnb.ca,
Oda.B@parl.gc.ca,"Bev BUSSON" bev.busson@rcmp-grc.gc.ca,
"Paul Dube" PAUL.DUBE@rcmp-grc.gc.ca
Subject: Re: Remember me Kilgour? Landslide Annie McLellan has
forgotten me but the crooks within the RCMP have not

Dear Mr. Amos,

Thank you for your follow up e-mail to me today. I was on days off
over the holidays and returned to work this evening. Rest assured I
was not ignoring or procrastinating to respond to your concerns.

As your attachment sent today refers from Premier Graham, our position
is clear on your dead calf issue: Our forensic labs do not process
testing on animals in cases such as yours, they are referred to the
Atlantic Veterinary College in Charlottetown who can provide these
services. If you do not choose to utilize their expertise in this
instance, then that is your decision and nothing more can be done.

As for your other concerns regarding the US Government, false
imprisonment and Federal Court Dates in the US, etc... it is clear
that Federal authorities are aware of your concerns both in Canada
the US. These issues do not fall into the purvue of Detachment
and policing in Petitcodiac, NB.

It was indeed an interesting and informative conversation we had on
December 23rd, and I wish you well in all of your future endeavors.

 Sincerely,

Warren McBeath, Cpl.
GRC Caledonia RCMP
Traffic Services NCO
Ph: (506) 387-2222
Fax: (506) 387-4622
E-mail warren.mcbeath@rcmp-grc.gc.ca


http://www.archive.org/details/PoliceSurveilanceWiretapTape139

http://www.archive.org/details/FedsUsTreasuryDeptRcmpEtc


FEDERAL EXPRES February 7, 2006
Senator Arlen Specter
United States Senate
Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510

Dear Mr. Specter:

I have been asked to forward the enclosed tapes to you from a man
named, David Amos, a Canadian citizen, in connection with the matters
raised in the attached letter. Mr. Amos has represented to me that
these are illegal FBI wire tap tapes. I believe Mr. Amos has been in contact
with you about this previously.

Very truly yours,
Barry A. Bachrach
Direct telephone: (508) 926-3403
Direct facsimile: (508) 929-3003
Email: bbachrach@bowditch.com





http://www.cbc.ca/news/canada/new-brunswick/new-brunswick-integrity-commissioner-conflict-of-interest-boudreau-1.4154004

Integrity commissioner calls for tougher conflict-of-interest law
N.B. legislation should apply to apparent conflicts, not just actual
ones, Alexandre Deschênes says
By Jacques Poitras, CBC News Posted: Jun 12, 2017 6:30 AM AT

Alexandre Deschênes's first act as commissioner was to deal with
Victor Boudreau's 20 per cent investment in Shediac Campground Ltd., a
proposed 700-site facility that has generated local opposition.
(Jacques Poitras/CBC)

New Brunswick's integrity commissioner says the conflict-of-interest
law for politicians should be toughened to clarify cases such as
cabinet minister Victor Boudreau's former investment in a proposed
campground near Parlee Beach.

Alexandre Deschênes said earlier this year that Boudreau's stake in
the project did not put him in a conflict of interest but that the
appearance of a conflict was "inevitable."

Unlike other conflict-of-interest laws, "our act does not apply to an
apparent conflict of interest," he said in an interview with CBC News.
"It's not in there."

Previous commissioners suggested law

Boudreau recused himself from Parlee Beach issues anyway, even though
he didn't technically have to. The law said ministers aren't in a
conflict if decisions that affect their private interests also apply
to the general public.

    Boudreau recuses himself from Parlee Beach controversy
    Victor Boudreau case shows 'huge loophole' in conflict law, ethics
group says

"Mr. Boudreau could have gone on and said, 'I'm the minister of health
and I'm going to make decisions that apply to the general public and
the act allows it,'" Deschênes said.

"If you'd had the words 'apparent conflict of interest' [in the law]
it would have been clear."

Deschênes pointed out two of his predecessors as conflict-of-interest
commissioner, Pat Ryan and Stuart Stratton, recommended expanding the
act to include the appearance of conflicts.

"It started out way back," he said. "We're looking at almost a decade
here where the suggestion has been made that apparent conflict of
interest ought to be included in the act. It's not been done.

"But as a commissioner, I will be following what they've been doing
and I will be recommending it when I file a report."

Updated conflict act

The Gallant Liberals passed amendments to update the Members Conflict
of Interest Act during the spring session of the legislature, but they
did not include a ban on perceived conflicts.

Progressive Conservative MLA Brian MacDonald has also called for the
Liberals to fix what he calls "a gap in the law."

    'Gap in the law': PC critic suggests review of conflict law
    Premier backs Victor Boudreau's involvement in Parlee Beach issue​

Deschênes was appointed the province's integrity commissioner last
year. The new role incorporates the role of conflict-of-interest
watchdog and registrar of lobbyists, and in September it will also
include the Right to Information and Protection of Privacy Act.

Victor

Cabinet minister Victor Boudreau recused himself from the Parlee Beach
issues anyway, even though the law said ministers aren't in a conflict
if decisions that affect their private interests also apply to the
general public. (CBC)

Deschênes's first act as commissioner was to deal with Boudreau's 20
per cent investment in Shediac Campground Ltd., a proposed 700-site
facility that has generated local opposition.

As health minister, Boudreau oversees the public health offices, and
his department was part of a working group looking at how to deal with
fecal contamination at Parlee Beach. One option the group looked at
was a moratorium on new development near the beach.

That would have affected the proposed campground.

    'I told him, and he made it public, that the appearance of
conflict in this case was absolutely inevitable. He couldn't get
around it. It was there.'

    - Alexandre Deschênes

The law bans ministers from making decisions that affect their
"private interest," but it makes an exception if the decision applies
to the broader public, even if the minister would still benefit.

Deschênes said in his letter to Boudreau in March that "one could
argue" a decision on a moratorium would affect the broader public.

"Under the act, he might have been entitled to continue to have
discussions that applied to the general population, even though he was
part of [the project] at that point," Deschênes said in an interview
last week.

"I told him, and he made it public, that the appearance of conflict in
this case was absolutely inevitable. He couldn't get around it. It was
there."
An MP's perceived conflict matters

The federal conflict of interest code for MPs also includes an
exception for decisions that affect the general public, but it
includes an explicit reference to perceived conflicts.

Boudreau put his investment in a blind trust in 2014, which meant he
had no role in the running of the business. But the value of his stake
would have been affected by a moratorium on future development.

Parlee beach

In May, Victor Boudreau announced he was giving up his investment in
the campground on Parlee Beach altogether.

He said in March he learned of the potential moratorium Feb. 28 and
met with Deschênes March 2, the first date they could arrange it.

"That perception is the issue," Boudreau said at the time. "And if the
perception is the issue, and the perception is what's going to be
prevent us from getting to the bottom of it, then I'm prepared to
recuse myself from all activities relating to this committee."

Last month he announced that he was giving up his investment in the
campground altogether.

Deschênes said he believes most ministers and MLAs would do the same
thing if he told them there was an apparent, but not actual, conflict.

"In most cases I think they will listen and they will do what has to
be done to put an end to an apparent conflict of interest, although
technically they could continue to do what they want to do."



28 Comments
Commenting is now closed for this story.


David Raymond Amos
David Raymond Amos
I sure hope the new integrity commissioner finally does his job and
answers me in writing


 Michael Geraldson
Michael Geraldson
Integrity and politicians, two words that should rarely be used in the
same sentence!


David Raymond Amos
David Raymond Amos
@Michael Geraldson Sad but oh so true. However I can think of a few
exceptions The first to come mind is Jim Traficant. Check history to
see look what the Yankees did to him for trying to make the rest act
ethically

Here is one of my favourite quotes of his

"I think Congress should take the IRS, handcuff them to a chain-link
fence, and flog them with their own damn Tax Code"


Shawn McShane
Shawn McShane
Boudreau should recuse himself from anything government. How he got
elected after the Atcon scandal is beyond belief. He personally signed
off on removing the province's security in loan guarantees costing
taxpayers more than $70 million. Why? We will never know:
http://www.cbc.ca/news/canada/new-brunswick/victor-boudreau-refuses-to-answer-atcon-questions-1.3025556


David Raymond Amos
David Raymond Amos
@Shawn McShane We already know the answer don't we?


Jeffrey Parker
Jeffrey Parker
Who's going to enforce these proposed laws? Never did before, just
help cover them up or be so incompetent in investigating that no one
takes a fall for corruption in the system,
Surely screwed here in this place.


David Raymond Amos
David Raymond Amos
@Jeffrey Parker We can hold them accountable. All you have to do is
sue them. Good luck finding a lawyer willing to stand before a judge
appointed to the bench by their buddies. Hell two judges NB are former
Conservative Attorney Generals who lost their seats in recent
elections. Go figure who is putting the screws to us. Methinks its the
Brotherhood of the Bar. What say you?

Keith Jagger
Keith Jagger
@David Raymond Amos - He (she) who writes the laws and administers the
laws rules the common folks David. Judges are just lawyers with
connections and the gift of gabb


Shawn McShane
Shawn McShane
Last month Boudreau announced that he was giving up his investment in
the campground altogether.

Past two days Parlee Beach had "No Swimming Advisory" and today as
well. I wonder if Boudreau would have gave up his investment under the
old water advisory system that he defended...Victor Boudreau dismisses
call for Parlee Beach sign improvements. The health minister said
people can "use their own judgement" on whether they want to go into
the water.


Jeffrey Parker
Jeffrey Parker
@Shawn McShane we we are UdeMer than the rest of Canada, that's why they leave.

David Raymond Amos
David Raymond Amos
@Shawn McShane Methinks Mr Boudreau should thank us all for his fat
pension because I doubt he could get elected as a dog catcher after
all this malicious nonsense

Keith Jagger
Keith Jagger
@David Raymond Amos - You obviously don't know the mindset of the
people of his riding who would vote Liberal if a spruce fencepost was
running for the party. (Well - I think you probably do and you are
being fasicious)

Shawn McShane
Shawn McShane
@David Raymond Amos He got re-elected after Atcon. He can thank them.
The rest of us need to make sure this doesn't happen anymore.


William Roberts
William Roberts
Integrity, Politicians? LOL If you had any integrity you wouldn't want
to be a politician here.


David Raymond Amos
David Raymond Amos
@William Roberts I tried the water of the political sewer once in 2006
while intervening in the NEB Emera Pipeline hearing and I got all of
44 votes in Saint John Harbour. Trust that I was not surprised. I
learned something long ago when my Father and his PC friends were
disgusted that the lawyer Trudeau "The Elder" was having fun falsely
claiming he said "Fuddle Duddle" on the Hill. In a nutshell it is that
nobody gives a damn just as long as our politicians appear to be cool
dudes. Nothing has changed since.


Paul Bourgoin
Paul Bourgoin
The selection of Dr. Louis Lapierre, recipient of the Order of Canada
whose Medal was revoked because because of his recognized lack of
needed competence which he falsified is a documented example of how
strong this influence and consequences of this mis-guided forest
management has destroyed the Fish and Wildlife habitat and populations
in New Brunswick. This design of forest management supported by
industry, impacts negatively on our Grand Children's heritage, forcing
them to leave their native province because of lack of work.


David Raymond Amos
David Raymond Amos
@Paul Bourgoin All True However we keep on electing these people correct?


 Terry L. Sisson
Terry L. Sisson
I find it difficult to believe: 1) March 2,2017 Alexandre Deschense
informed Victor Boudreau he should leave the business group Shediac
Campground Ltd. and he agreed. 2) It is now June 12, 2017 and to my
knowledge this has not been done. Did I miss something here? Mr.
Deschenes is Integrity Minister, correct!


Jay Oak
Jay Oak
@Terry L. Sisson Integrity Commissioner, not Minister.

David Raymond Amos
David Raymond Amos
@Jay Oak True but we are still compelled to call them both "Honourable



Alexandre Deschênes, Q.C.,
Office of the Integrity Commissioner
Edgecombe House, 736 King Street
Fredericton, N.B. CANADA E3B 5H1
tel.: 506-457-7890
fax: 506-444-5224
e-mail:coi@gnb.ca

Hon. Alexandre Deschênes, Q.C.
Integrity Commissioner

Hon. Alexandre Deschênes, Q.C., who resides in Bathurst, N.B., is a
native of Kedgwick, N.B., and is married to Huguette (Savoie)
Deschênes. They have two sons.

He studied at Saint-Joseph University (now Université de Moncton) from
1960 to 1962, University of Ottawa from 1962-1965 (B.A.), and
University of New Brunswick (LL.B., 1968). He was admitted to the Law
Society of New Brunswick in 1968. He was legal counsel to the
Department of Justice in Fredericton from 1968 to 1971. He was in
private practice from 1972 to 1982 and specialized in civil litigation
as a partner in the law firm of Michaud, Leblanc, Robichaud, and
Deschênes. While residing in Shediac, N.B., he served on town council
and became the first president of the South East Economic Commission.
He is a past president of the Richelieu Club in Shediac.

In 1982, he was appointed a judge of the Court of Queen’s Bench of New
Brunswick and of the Court of Appeal of New Brunswick in 2000.

On July 30, 2009, he was appointed to the Court Martial Appeal Court of Canada.

While on the Court of Appeal of New Brunswick, he was appointed
President of the provincial Judicial Council and in 2012 Chairperson
of the Federal Electoral Boundaries Commission for the Province of New
Brunswick for the 2015 federal election.

He was appointed Conflict of Interest Commissioner in December 2016
and became New Brunswick’s first Integrity Commissioner on December
16, 2016 with responsibilities for conflict of interest issues related
to Members of the Legislative Assembly. As of April 1, 2017 he
supervises lobbyists of public office holders under the Lobbyists’
Registration Act.

As of September 1, 2017, he will be assuming the functions presently
held by the Access to Information and Privacy Commissioner.



---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Thu, 6 Dec 2012 16:22:25 -0400
Subject: Thank you for your signature Frenchy
To: Andre Murray <andremurraynow@gmail.com>, "marie-claude.blais"
< marie-claude.blais@gnb.ca>, sallybrooks25 <sallybrooks25@yahoo.ca>,
evelyngreene <evelyngreene@live.ca>, law <law@stevenfoulds.ca>,
"danny.copp" <danny.copp@fredericton.ca>, nbpc <nbpc@gnb.ca>, nbombud
< nbombud@gnb.ca>, coi <coi@gnb.ca>, "Wayne.Lang"
< Wayne.Lang@rcmp-grc.gc.ca>
Cc: "dan. bussieres" <dan.bussieres@gnb.ca>, oldmaison
< oldmaison@yahoo.com>, andre <andre@jafaust.com>

From: "Bussières, Dan (LEG)" <Dan.Bussieres@gnb.ca>
Date: Thu, 6 Dec 2012 15:47:49 -0400
Subject: RE: I just called all three of your offices
To: David Amos <motomaniac333@gmail.com>

Oui je vois



On 12/6/12, David Amos <motomaniac333@gmail.com> wrote:
> I don't take orders well ask the corrupt ex cop Bussieres why that is
>




---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Mon, 12 Dec 2016 13:46:11 -0400
Subject: Attn premier Brian Gallant and Kirk MacDonald I just called
your friends in the Law Society of New Brunswick for the last time
From now on we argue before the courts
To: george.filliter@gmail.com, lcmarcou@mccain.ca,
cmichaud@coxandpalmer.com, tross@judicom.ca, coi@gnb.ca,
m.pelletier@nb.aibn.com, "Kim.Poffenroth" <Kim.Poffenroth@gnb.ca>,
nbpc <nbpc@gnb.ca>, "Gilles.Blinn" <Gilles.Blinn@rcmp-grc.gc.ca>,
"bruce.northrup" <bruce.northrup@gnb.ca>, "brian.keirstead"
< brian.keirstead@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"Davidc.Coon" <Davidc.Coon@gmail.com>, "David.Coon"
< David.Coon@gnb.ca>, "david.eidt" <david.eidt@gnb.ca>, "jan.jensen"
< jan.jensen@justice.gc.ca>, "bill.pentney"
< bill.pentney@justice.gc.ca>, mcu <mcu@justice.gc.ca>, postur
< postur@for.is>, postur <postur@irr.is>, birgittaj
< birgittaj@althingi.is>
Cc: David Amos <david.raymond.amos@gmail.com>, "kirk.macdonald"
< kirk.macdonald@gnb.ca>, briangallant10 <briangallant10@gmail.com>,
"Jacques.Poitras" <Jacques.Poitras@cbc.ca>, premier <premier@gnb.ca>

Methinks if Kik MacDonald were truly wise he would make another speech
before Xmass but this time he should tell the awful truth instead of
just making fun of our trubles with LIEBRANOS N'esy Pas Davey Baby
Coon?

Trust that watching this politite nonsense is truly offensive to any
Maritmer with two clues between their ears.

http://www.cbc.ca/news/canada/new-brunswick/political-panel-dec-8-1.3888331

Conflict of Interest Commissioner
Edgecombe House, 736 King Street
Fredericton, N.B. CANADA E3B 5H1
tel.: 506-457-7890
fax: 506-444-5224
e-mail:coi@gnb.ca

Michèle Pelletier
Arseneault & Pelletier
568A Ave. des Pionniers
Balmoral, New Brunswick E8E 1E3
Phone: 506-826-1819
Fax: 506-826-1817
Email: m.pelletier@nb.aibn.com

KIM POFFENROTH
Assistant Deputy Attorney General
Legislative Services (Branch)
Office of the Attorney General
Phone : (506) 453-2855
Fax : (506) 457-7342
Email : Kim.POFFENROTH@gnb.ca



http://www.cbc.ca/news/canada/new-brunswick/integrity-commissioner-named-1.3885165

The Gallant government has introduced legislation to merge several
legislative watchdog positions into a single job and has chosen a
retired judge to take on the newly expanded role.

Alexandre Deschênes

Alexandre Deschênes, a retired New Brunswick Court of Appeal justice,
is to be the first integrity commissioner in New Brunswick.

Retired New Brunswick Court of Appeal justice Alexandre Deschênes will
become the province's first integrity commissioner, an appointment
supported by the opposition Progressive Conservatives and Green Party
Leader David Coon.

Premier Brian Gallant introduced a bill Wednesday to create the position.

For now, Deschênes fills the vacant position of conflict-of-interest
commissioner and will also oversee legislation governing the privacy
of personal health records.

Next July, Deschênes will add responsibility for the lobbyist registry
to his duties.

The Liberals say they will proclaim legislation to set up the registry
by next July. The law was passed by the previous PC government in 2014
but not enacted.

    Conflict of interest commissioner, MLAs have conflicting views on
transparency
    ​Commissioner wants mandatory privacy breach reporting
    N.B. legislature will study cutting independent watchdogs

And next September, after Anne Bertrand, the information and privacy
commissioner, finishes her seven-year term, that job will become part
of Deschênes's job as integrity commissioner.

An  independent study, done as part of the government's program
review,  recommended the merging of the legislative officer positions.

All parties in the legislature agreed on two other appointments
Wednesday: lawyer Michèle Pelletier as consumer advocate for insurance
and assistant deputy attorney general Kim Poffenroth as chief
electoral officer.J


http://lawsociety-barreau.nb.ca/en/about/council/council

At its Annual General Meeting on Saturday, June 25th, 2016, the Law
Society of New Brunswick elected its new Executive for the 2016-2017
term:

New Executive

George P. Filliter, Q.C.
President
68 Avonlea Court
Fredericton, NB E3C 1N8
Tel: (506) 454-7678
Fax: (506) 454-6983
george.filliter@gmail.com

Luc Marcoux, Q.C.
Vice-President
McCain Foods Limited
8800 Main Street
Florenceville-Bristol, NB E7L 1B2
Tel: (506) 375-5353
Fax: (506) 375-5058
lcmarcou@mccain.ca

Christian E. Michaud, Q.C.
Treasurer
Cox & Palmer
Blue Cross Center
644 Main Street, Suite 500
Moncton, NB E1C 1E2
Tel: (506) 863-1131
Fax: (506) 856-8150
cmichaud@coxandpalmer.com


Law Society of New Brunswick
68 Avonlea Court
Fredericton, New Brunswick
E3C 1N8
(506) 458-8540
(506) 451-1421

general@lawsociety-barreau.nb.ca

http://lawsociety-barreau.nb.ca/en/for-lawyers/queen-counsel-nominations

October 24, 2016

Eleven New Brunswick lawyers were appointed Queen’s Counsel by the
Lieutenant-Governor of New Brunswick, the Honourable Jocelyne Roy
Vienneau, on Monday, October 24, 2016, at the Legislative Assembly in
Fredericton.

    Christa Bourque, Q.C., of Moncton
    Krista Lynn Colford, Q.C., of Fredericton
    The Honourable Alexandre Deschênes, Q.C., of Bathurst
    Edward L. Derrah, Q.C., of Fredericton
    Shannon Doran, Q.C., of Fredericton
    Nathalie L. Godbout, Q.C., of Saint John
    Stephen J. Hutchison, Q.C., of Saint John
    The Honourable Dominic A. J. LeBlanc, Q.C., of Shediac
    Luc Marcoux, Q.C., of Florenceville-Bristol
    D. Andrew Rouse, Q.C., of Fredericton
    John R. Williamson, Q.C., of Fredericton

The distinction of Queen’s Counsel is conferred upon experienced
lawyers in recognition of their commitment to the principles of the
legal profession and contributions to their communities. Eligible
lawyers include those who have been members of the Law Society of New
Brunswick and have been engaged in the active practice of law in the
province for at least 15 years with extensive experience before the
courts or have demonstrated exceptional service to the profession.

 In the fall of this year, a committee consisting of the Chief Justice
of New Brunswick, J. Ernest Drapeau, the Attorney General of New
Brunswick and the President of the Law Society of New Brunswick, will
consider candidates for the next Queen’s Counsel appointments.

The distinction of Queen’s Counsel is conferred upon experienced
lawyers in recognition of their commitment to the principles of the
legal profession and contributions to their communities. The criteria
for these appointments are:

A regular member of the Law Society of New Brunswick who:

a) has been engaged in the active practice of law in the Province of
New Brunswick for at least fifteen years, with extensive experience
before the courts;

b) in the opinion of the Committee, merits the appointment by reason
of exceptional service to the legal profession.

It should be noted that past practice indicates that Queen’s Counsel
appointments typically have more than seventeen years at the Bar.

The Law Society encourages members to forward a letter and a resume in
order to be considered as a candidate for a Queen’s Counsel
appointment. Persons may either apply personally or may nominate a
member of the Law Society. All applicants will be treated equally by
the Committee whether they are nominated, or whether they apply
personally.

In your letter, you may wish to identify two individuals, either
within or outside the Law Society who might provide additional
information to assist the Committee in considering this matter. If
letters of reference are provided, they may be identified for this
purpose.

Your application or nomination should be received by Chief Justice J.
Ernest Drapeau no later than Friday, June 24, 2016, at 4:00 p.m.

It may be sent via email to tross@judicom.ca or sent/delivered to:

Committee on Queen’s Counsel Appointments
c/o The Hon. Chief Justice J. Ernest Drapeau
Court of Appeal of New Brunswick
Justice Building
427 Queen Street, Room 311
Fredericton, NB   E3B 1B7


http://www.cbc.ca/news/canada/new-brunswick/kirk-macdonald-dominic-leblanc-judge-moving-bill-1.3866450


Judge-moving bill aims to help Dominic LeBlanc, Tory MLA charges
Kirk MacDonald says Liberals drafted bill to help put Jolène Richard
and André Richard on court

By Jacques Poitras, CBC News Posted: Nov 24, 2016 6:03 PM AT

A Progressive Conservative MLA has taken the unusual step of naming
names — including that of a sitting provincial court judge — in his
attack on a proposed law on how Court of Queen's Bench judges are
transferred.

Kirk MacDonald told the legislature last week that he believes the
government bill was drafted to help the spouse and the brother-in-law
of federal Liberal MP Dominic LeBlanc, a close ally of Premier Brian
Gallant.
nb-andre-richard-jolene-richard

A Progressive Conservative MLA believes the Liberal government's
judge-moving bill was drafted to help have André Richard and Jolène
Richard appointed to the Court of Queen's Bench. (CBC)

"I will give you two names. I will give you Jolène Richard and André
Richard, two people I believe are looking for judicial appointments
here in New Brunswick," MacDonald said during second-reading debate on
the bill.

In fact, Jolène Richard is already a provincial court judge. André
Richard is her brother and a senior lawyer at Stewart McKelvey.

    Province names new judge, wife of MP Dominic LeBlanc

"Dominic LeBlanc has some judges that he wants to appoint in New
Brunswick, and the framework as it currently exists does not allow for
that to happen," MacDonald said.

André Richard stated Thursday he "had no involvement in the
government's decision to propose changes to the Judicature Act."

"As you know, my sister is already a judge who sits in Moncton. I fail
to understand why our names are being brought into this debate."
Bill gives veto to minister

The Liberal bill would amend the Judicature Act, which governs how
courts operate, to give the justice minister a veto over Chief Justice
David Smith of the Court of Queen's Bench transferring judges from one
court to another.
nb-chief-justice-david-smith

Court of Queen's Bench Chief Justice David Smith has transferred 13
judges since becoming chief justice in 1998. (Acadia University)

PC MLAs have hinted in the past about who they believe the bill was
designed to help. But until now, no one was willing to name them.

It's rare for politicians to draw sitting judges into partisan
debates, and the veteran Tory MLA did not offer any evidence to back
up his allegations. He turned down a request to explain his views in
an interview.
Parliamentary privilege

Parliamentary privilege protects members of the legislature from being
sued for defamation or held in contempt of court for comments they
make during proceedings. No such protection exists for things they say
outside the legislature.

Provincial court judges such as Richard are appointed by the province,
but Court of Queen's Bench justices are named by Ottawa. Both courts
are administered by the province, but the current law gives Smith the
power to move judges on his court on his own.

Smith has argued the bill would threaten the independence of the
courts, which could make it unconstitutional.
Bill brought back

The Liberals introduced the bill during the last session, but it
didn't pass before the session ended. They brought it back last week.

Justice Minister Denis Landry said last week the bill was designed to
bring "best practices" to court administration and end the pattern of
justices being named to smaller courthouses and then being transferred
soon after.

    Judge-moving legislation introduced again
    2 chief justices appear at odds over judge-moving bill
    7 things list reveals about controversial judge-moving bill

"This is what we want to correct," he said. "If we name a judge, they
should reside there, for a long period of time, not just two or three
months then move them where they want to go."

Asked whether he'd veto such a transfer, Landry said, "This is what we'll see."

Landry's department said Thursday it would not comment on MacDonald's
accusation.
Larger locations favoured

MacDonald said during last week's debate that it's true Court of
Queen's Bench justices are often appointed to smaller locations and
are then moved to one of the three largest cities.
Dominic LeBlanc

Federal Fisheries Minister Dominic LeBlanc is a close ally of New
Brunswick Premier Brian Gallant. (CBC)

He said that court postings in Moncton, Fredericton, and Saint John
are "The positions that everyone seems to want."

And he said the current system for moving judges, "which is controlled
by the chief justice, does not work for Dominic LeBlanc and the
Liberal Party of New Brunswick," MacDonald said.

    Upside to judge-moving bill touted by ex-constitutional lawyer
    Gallant government's judge-moving bill questioned by legal expert

"They want to change it. They want to have a situation where they have
a mechanism to control that decision and to effect change on that
decision."

In June, Smith transferred Justice Tracey DeWare from Woodstock to
Moncton and Justice Richard Petrie from Saint John to Woodstock.

DeWare was moved to fill a vacancy after Justice Brigitte Robichaud
switched to supernumerary, or part-time, status.

Jolène Richard did not respond to interview requests.

---------- Original message ----------
From: Póstur FOR <postur@for.is>
Date: Mon, 4 Apr 2016 22:05:47 +0000
Subject: Re: Hey Premier Gallant please inform the questionable
parliamentarian Birigtta Jonsdottir that although NB is a small "Have
Not" province at least we have twice the population of Iceland and
that not all of us are as dumb as she and her Prime Minister pretends
to be..
To: David Amos <motomaniac333@gmail.com>


Erindi þitt hefur verið móttekið  / Your request has been received

Kveðja / Best regards
Forsætisráðuneytið  / Prime Minister's Office


---------- Original message ----------
From: Póstur IRR <postur@irr.is>
Date: Mon, 4 Apr 2016 22:05:47 +0000
Subject: Re: Hey Premier Gallant please inform the questionable
parliamentarian Birigtta Jonsdottir that although NB is a small "Have
Not" province at least we have twice the population of Iceland and
that not all of us are as dumb as she and her Prime Minister pretends
to be..
To: David Amos <motomaniac333@gmail.com>


Erindi þitt hefur verið móttekið. / Your request has been received.

Kveðja / Best regards
Innanríkisráðuneytið / Ministry of the Interior


---------- Forwarded message ----------
From: Póstur FOR <postur@for.is>
Date: Mon, 4 Apr 2016 21:43:50 +0000
Subject: Re: After crossing paths with them bigtime in 2004 Davey Baby
Coon and his many Green Meanie and Fake Left cohorts know why I won't
hold my breath waiting for them to act with any semblance of integrity
now N'esy Pas Chucky Leblanc??
To: David Amos <motomaniac333@gmail.com>


Erindi þitt hefur verið móttekið  / Your request has been received

Kveðja / Best regards
Forsætisráðuneytið  / Prime Minister's Office


This is the docket

http://cas-cdc-www02.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=T-1557-15&select_court=T

These are digital recordings of  the last two hearings

Dec 14th https://archive.org/details/BahHumbug

Jan 11th https://archive.org/details/Jan11th2015

This me running for a seat in Parliament again while CBC denies it again

Fundy Royal, New Brunswick Debate – Federal Elections 2015 - The Local
Campaign, Rogers TV

https://www.youtube.com/watch?v=-cFOKT6TlSE

http://www.cbc.ca/news/canada/new-brunswick/fundy-royal-riding-profile-1.3274276

Veritas Vincit
David Raymond Amos
902 800 0369

FYI This is the text of the lawsuit that should interest Trudeau the most


http://davidraymondamos3.blogspot.ca/2015/09/v-behaviorurldefaultvmlo.html

83 The Plaintiff states that now that Canada is involved in more war
in Iraq again it did not serve Canadian interests and reputation to
allow Barry Winters to publish the following words three times over
five years after he began his bragging:

January 13, 2015
This Is Just AS Relevant Now As When I wrote It During The Debate

December 8, 2014
Why Canada Stood Tall!

Friday, October 3, 2014
Little David Amos’ “True History Of War” Canadian Airstrikes And
Stupid Justin Trudeau

Canada’s and Canadians free ride is over. Canada can no longer hide
behind Amerka’s and NATO’s skirts.

When I was still in Canadian Forces then Prime Minister Jean Chretien
actually committed the Canadian Army to deploy in the second campaign
in Iraq, the Coalition of the Willing. This was against or contrary to
the wisdom or advice of those of us Canadian officers that were
involved in the initial planning phases of that operation. There were
significant concern in our planning cell, and NDHQ about of the dearth
of concern for operational guidance, direction, and forces for
operations after the initial occupation of Iraq. At the “last minute”
Prime Minister Chretien and the Liberal government changed its mind.
The Canadian government told our amerkan cousins that we would not
deploy combat troops for the Iraq campaign, but would deploy a
Canadian Battle Group to Afghanistan, enabling our amerkan cousins to
redeploy troops from there to Iraq. The PMO’s thinking that it was
less costly to deploy Canadian Forces to Afghanistan than Iraq. But
alas no one seems to remind the Liberals of Prime Minister Chretien’s
then grossly incorrect assumption. Notwithstanding Jean Chretien’s
incompetence and stupidity, the Canadian Army was heroic,
professional, punched well above it’s weight, and the PPCLI Battle
Group, is credited with “saving Afghanistan” during the Panjway
campaign of 2006.

What Justin Trudeau and the Liberals don’t tell you now, is that then
Liberal Prime Minister Jean Chretien committed, and deployed the
Canadian army to Canada’s longest “war” without the advice, consent,
support, or vote of the Canadian Parliament.

What David Amos and the rest of the ignorant, uneducated, and babbling
chattering classes are too addled to understand is the deployment of
less than 75 special operations troops, and what is known by planners
as a “six pac cell” of fighter aircraft is NOT the same as a
deployment of a Battle Group, nor a “war” make.

The Canadian Government or The Crown unlike our amerkan cousins have
the “constitutional authority” to commit the Canadian nation to war.
That has been recently clearly articulated to the Canadian public by
constitutional scholar Phillippe Legasse. What Parliament can do is
remove “confidence” in The Crown’s Government in a “vote of
non-confidence.” That could not happen to the Chretien Government
regarding deployment to Afghanistan, and it won’t happen in this
instance with the conservative majority in The Commons regarding a
limited Canadian deployment to the Middle East.

President George Bush was quite correct after 911 and the terror
attacks in New York; that the Taliban “occupied” and “failed state”
Afghanistan was the source of logistical support, command and control,
and training for the Al Quaeda war of terror against the world. The
initial defeat, and removal from control of Afghanistan was vital and
essential for the security and tranquility of the developed world. An
ISIS “caliphate,” in the Middle East, no matter how small, is a clear
and present danger to the entire world. This “occupied state,”
or“failed state” will prosecute an unending Islamic inspired war of
terror against not only the “western world,” but Arab states
“moderate” or not, as well. The security, safety, and tranquility of
Canada and Canadians are just at risk now with the emergence of an
ISIS“caliphate” no matter how large or small, as it was with the
Taliban and Al Quaeda “marriage” in Afghanistan.

One of the everlasting “legacies” of the “Trudeau the Elder’s dynasty
was Canada and successive Liberal governments cowering behind the
amerkan’s nuclear and conventional military shield, at the same time
denigrating, insulting them, opposing them, and at the same time
self-aggrandizing ourselves as “peace keepers,” and progenitors of
“world peace.” Canada failed. The United States of Amerka, NATO, the
G7 and or G20 will no longer permit that sort of sanctimonious
behavior from Canada or its government any longer. And Prime Minister
Stephen Harper, Foreign Minister John Baird , and Cabinet are fully
cognizant of that reality. Even if some editorial boards, and pundits
are not.

Justin, Trudeau “the younger” is reprising the time “honoured” liberal
mantra, and tradition of expecting the amerkans or the rest of the
world to do “the heavy lifting.” Justin Trudeau and his “butt buddy”
David Amos are telling Canadians that we can guarantee our security
and safety by expecting other nations to fight for us. That Canada can
and should attempt to guarantee Canadians safety by providing
“humanitarian aid” somewhere, and call a sitting US president a “war
criminal.” This morning Australia announced they too, were sending
tactical aircraft to eliminate the menace of an ISIS “caliphate.”

In one sense Prime Minister Harper is every bit the scoundrel Trudeau
“the elder” and Jean ‘the crook” Chretien was. Just As Trudeau, and
successive Liberal governments delighted in diminishing,
marginalizing, under funding Canadian Forces, and sending Canadian
military men and women to die with inadequate kit and modern
equipment; so too is Prime Minister Stephen Harper. Canada’s F-18s are
antiquated, poorly equipped, and ought to have been replaced five
years ago. But alas, there won’t be single RCAF fighter jock that
won’t go, or won’t want to go, to make Canada safe or safer.

My Grandfather served this country. My father served this country. My
Uncle served this country. And I have served this country. Justin
Trudeau has not served Canada in any way. Thomas Mulcair has not
served this country in any way. Liberals and so called social
democrats haven’t served this country in any way. David Amos, and
other drooling fools have not served this great nation in any way. Yet
these fools are more than prepared to ensure their, our safety to
other nations, and then criticize them for doing so.

Canada must again, now, “do our bit” to guarantee our own security,
and tranquility, but also that of the world. Canada has never before
shirked its responsibility to its citizens and that of the world.

Prime Minister Harper will not permit this country to do so now

From: dnd_mdn@forces.gc.ca
Date: Fri, 27 May 2011 14:17:17 -0400
Subject: RE: Re Greg Weston, The CBC , Wikileaks, USSOCOM, Canada and
the War in Iraq (I just called SOCOM and let them know I was still
alive
To: david.raymond.amos@gmail.com

This is to confirm that the Minister of National Defence has received
your email and it will be reviewed in due course. Please do not reply
to this message: it is an automatic acknowledgement.


---------- Original message ----------
From: David Amos <david.raymond.amos@gmail.com>
Date: Fri, 27 May 2011 13:55:30 -0300
Subject: Re Greg Weston, The CBC , Wikileaks, USSOCOM, Canada and the
War in Iraq (I just called SOCOM and let them know I was still alive
To: DECPR@forces.gc.ca, Public.Affairs@socom.mil,
Raymonde.Cleroux@mpcc-cppm.gc.ca, john.adams@cse-cst.gc.ca,
william.elliott@rcmp-grc.gc.ca, stoffp1 <stoffp1@parl.gc.ca>,
dnd_mdn@forces.gc.ca, media@drdc-rddc.gc.ca, information@forces.gc.ca,
milner@unb.ca, charters@unb.ca, lwindsor@unb.ca,
sarah.weir@mpcc-cppm.gc.ca, birgir <birgir@althingi.is>, smari
< smari@immi.is>, greg.weston@cbc.ca, pm <pm@pm.gc.ca>,
susan@blueskystrategygroup.com, Don@blueskystrategygroup.com,
eugene@blueskystrategygroup.com, americas@aljazeera.net
Cc: "Edith. Cody-Rice" <Edith.Cody-Rice@cbc.ca>, "terry.seguin"
< terry.seguin@cbc.ca>, acampbell <acampbell@ctv.ca>, whistleblower
< whistleblower@ctv.ca>

I talked to Don Newman earlier this week before the beancounters David
Dodge and Don Drummond now of Queen's gave their spin about Canada's
Health Care system yesterday and Sheila Fraser yapped on and on on
CAPAC during her last days in office as if she were oh so ethical.. To
be fair to him I just called Greg Weston (613-288-6938) I suggested
that he should at least Google SOUCOM and David Amos It would be wise
if he check ALL of CBC's sources before he publishes something else
about the DND EH Don Newman? Lets just say that the fact  that  your
old CBC buddy, Tony Burman is now in charge of Al Jazeera English
never impressed me. The fact that he set up a Canadian office is
interesting though

http://www.blueskystrategygroup.com/index.php/team/don-newman/

http://www.cbc.ca/news/arts/media/story/2010/05/04/al-jazeera-english-launch.html

Anyone can call me back and stress test my integrity after they read
this simple pdf file. BTW what you Blue Sky dudes pubished about
Potash Corp and BHP is truly funny. Perhaps Stevey Boy Harper or Brad
Wall will fill ya in if you are to shy to call mean old me.

http://www.scribd.com/doc/2718120/Integrity-Yea-Right

The Governor General, the PMO and the PCO offices know that I am not a
shy political animal

Veritas Vincit
David Raymond Amos
902 800 0369

Enjoy Mr Weston
http://www.cbc.ca/m/touch/news/story/2011/05/15/weston-iraq-invasion-wikileaks.html

"But Lang, defence minister McCallum's chief of staff, says military
brass were not entirely forthcoming on the issue. For instance, he
says, even McCallum initially didn't know those soldiers were helping
to plan the invasion of Iraq up to the highest levels of command,
including a Canadian general.

That general is Walt Natynczyk, now Canada's chief of defence staff,
who eight months after the invasion became deputy commander of 35,000
U.S. soldiers and other allied forces in Iraq. Lang says Natynczyk was
also part of the team of mainly senior U.S. military brass that helped
prepare for the invasion from a mobile command in Kuwait."

http://baconfat53.blogspot.com/2010/06/canada-and-united-states.html

"I remember years ago when the debate was on in Canada, about there
being weapons of mass destruction in Iraq. Our American 'friends"
demanded that Canada join into "the Coalition of the Willing. American
"veterans" and sportscasters loudly denounced Canada for NOT buying
into the US policy.

At the time I was serving as a planner at NDHQ and with 24 other of my
colleagues we went to Tampa SOUCOM HQ to be involved in the planning
in the planning stages of the op....and to report to NDHQ, that would
report to the PMO upon the merits of the proposed operation. There was
never at anytime an existing target list of verified sites where there
were deployed WMD.

Coalition assets were more than sufficient for the initial strike and
invasion phase but even at that point in the planning, we were
concerned about the number of "boots on the ground" for the occupation
(and end game) stage of an operation in Iraq. We were also concerned
about the American plans for occupation plans of Iraq because they at
that stage included no contingency for a handing over of civil
authority to a vetted Iraqi government and bureaucracy.

There was no detailed plan for Iraq being "liberated" and returned to
its people...nor a thought to an eventual exit plan. This was contrary
to the lessons of Vietnam but also to current military thought, that
folks like Colin Powell and "Stuffy" Leighton and others elucidated
upon. "What's the mission" how long is the mission, what conditions
are to met before US troop can redeploy?  Prime Minister Jean Chretien
and the PMO were even at the very preliminary planning stages wary of
Canadian involvement in an Iraq operation....History would prove them
correct. The political pressure being applied on the PMO from the
George W Bush administration was onerous

American military assets were extremely overstretched, and Canadian
military assets even more so It was proposed by the PMO that Canadian
naval platforms would deploy to assist in naval quarantine operations
in the Gulf and that Canadian army assets would deploy in Afghanistan
thus permitting US army assets to redeploy for an Iraqi
operation....The PMO thought that "compromise would save Canadian
lives and liberal political capital.. and the priority of which
....not necessarily in that order. "

You can bet that I called these sneaky Yankees again today EH John
Adams? of the CSE within the DND?

http://www.socom.mil/SOCOMHome/Pages/ContactUSSOCOM.aspx


---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 20 Oct 2015 09:20:29 -0400
Subject: Hey before you Red Coats swear an Oath to the Queen and the
42nd Parliament begins perhaps the turncoat Big Bad Billy Casey the
Yankee carpetbagger David Lutz or some Boyz from NB should explain
this lawsuit to you real slow.
To: alaina@alainalockhart.ca, david <david@lutz.nb.ca>,
"daniel.mchardie" <daniel.mchardie@cbc.ca>, info@waynelong.ca,
info@ginettepetitpastaylor.ca, rarseno@nbnet.nb.ca,
matt@mattdecourcey.ca, info@sergecormier.ca, pat@patfinnigan.ca,
tj@tjharvey.ca, karen.ludwig.nb@gmail.com
Cc: David Amos <david.raymond.amos@gmail.com>, "Frank.McKenna"
< Frank.McKenna@td.com>, info@votezsteve.ca, info@billcasey.ca,
"justin.trudeau.a1" <justin.trudeau.a1@parl.gc.ca>,
"dominic.leblanc.a1" <dominic.leblanc.a1@parl.gc.ca>, oldmaison
< oldmaison@yahoo.com>, jacques_poitras <jacques_poitras@cbc.ca>,
"Jacques.Poitras" <Jacques.Poitras@cbc.ca>, "peter.mackay"
< peter.mackay@justice.gc.ca>



---------- Forwarded message ----------
From: Póstur IRR <postur@irr.is>
Date: Mon, 4 Apr 2016 21:43:50 +0000
Subject: Re: After crossing paths with them bigtime in 2004 Davey Baby
Coon and his many Green Meanie and Fake Left cohorts know why I won't
hold my breath waiting for them to act with any semblance of integrity
now N'esy Pas Chucky Leblanc??
To: David Amos <motomaniac333@gmail.com>

Erindi þitt hefur verið móttekið. / Your request has been received.

Kveðja / Best regards
Innanríkisráðuneytið / Ministry of the Interior

---------- Forwarded message ----------
From: "Gallant, Premier Brian (PO/CPM)" <Brian.Gallant@gnb.ca>
Date: Mon, 4 Apr 2016 21:39:17 +0000
Subject: RE: After crossing paths with them bigtime in 2004 Davey Baby
Coon and his many Green Meanie and Fake Left cohorts know why I won't
hold my breath waiting for them to act with any semblance of integrity
now N'esy Pas Chucky Leblanc??
To: David Amos <motomaniac333@gmail.com>

Thank you for writing to the Premier of New Brunswick.
Please be assured that your email has been received, will be reviewed,
and a response will be forthcoming.
Once again, thank you for taking the time to write.

Merci d'avoir communiqué avec le premier ministre du Nouveau-Brunswick.
Soyez assuré que votre courriel a bien été reçu, qu'il sera examiné
et qu'une réponse vous sera acheminée.
Merci encore d'avoir pris de temps de nous écrire.

Sincerely, / Sincèrement,
Mallory Fowler
Corespondence Manager / Gestionnaire de la correspondance
Office of the Premier / Cabinet du premier ministre


For the public record I knew Birgitta was no better than the people
she bitches about when she refused to discuss the QSLS blog with me
while she was in Canada making her rounds in the Canadain media in
January of 2011.



http://thedavidamosrant.blogspot.ca/2012/12/so-det-louie-lafleur-have-you-and.html

From: "MacKenzie, Lloyd (SNB)" lloyd.mackenzie@snb.ca
Date: Thu, 8 Jan 2009 13:01:27 -0400
Subject: Telephone Conversation re: 1965 Harley-Davidson Motorcycle
To: david.raymond.amos@gmail.com
Cc: "Bastarache, Donald J.(SNB)" Donald.Bastarache@snb.ca,
"Morrison, Bill (SNB)" bill.morrison@snb.ca,
"Levesque-Finn, Sylvie(SNB)" Sylvie.Levesque-Finn@snb.ca, "Pleadwell, Derek
(SNB)" Derek.Pleadwell@snb.ca

Mr. Amos:
Upon your request I will inform Mr. Derek Pleadwell[(506)
444-2897], Chairperson SNB Board of Directors, of our extended
conversation regarding the issues surrounding the 1965 Harley-Davidson
motorcycle when he visits my office at approximately 3:30 P.M. today.

Also, as requested, I've copied in Ms. Sylvie Levesque-Finn[ (506)
453-3879 ],SNB President.

Lloyd D. MacKenzie, AACI, P. App, CAE
Regional Manager of Assessment - Beauséjour Region/Responsable
régional de l'évaluation - region Beauséjour
Assessment/ de l'évaluation
Service New Brunswick/ Service Nouveau-Brunswick
633 rue Main St.
4th floor/4ième étage
Moncton, NB E1C 8R3
Tel/Tél: (506) 856-3910
Fax/Téléc: (506) 856-2519

http://thedavidamosrant.blogspot.ca/2014/06/friday-13th-of-june-was-my-final-follow.html

From: Grady, Louise (ENB)
Sent: Friday, June 06, 2014 11:55 AM
To: mailto:David.Raymond.Amos@gmail.com
Subject: Final Follow up: Your registration as an independent candidate

Mr. Amos:

Following the Chief Electoral Officer's request by telephone on May
28, 2014 and his previous e-mailed requests for additional information
with respect to your registration as an independent candidate (please
see below), and having not received that information despite having
provided you with several opportunities to furnish the requested
information, he has now directed that said registration be cancelled.
Should you wish to re-apply for registration as an independent
candidate, you may do so after 60 days following the cancellation of
your present registration as provided for under subsection 146.1(1) of
the Elections Act.

Louise Grady
Elections Coordinator / Coordinatrice des élections

Elections New Brunswick / Élections Nouveau-Brunswick
Office/bureau : (506) 453-2218 / 1-800-308-2922
Fax/télécopieur: (506) 457-4926
http://www.electionsnb.ca

From: Grady, Louise (ENB)
Sent: May 28, 2014 4:20 PM
To: 'David.Raymond.Amos@gmail.com'
Subject: Follow up: Your registration as an independent candidate

Mr. Amos:

At the request of Mr. Michael Quinn, Chief Electoral Officer of the
Province of New Brunswick, I am writing to summarize his phone call to
you this afternoon, reminding you of his message of May 14 (see
below). In the message he left on your voice mail, he granted you a
few more days' grace and asked you to return his call at (506)
453-2218. He added that should he not hear from you by then, he would
proceed to cancel your registration as an independent candidate as
provided for in the Elections Act.

Louise Grady
Elections Coordinator / Coordinatrice des élections


Elections New Brunswick / Élections Nouveau-Brunswick
Office/bureau : (506) 453-2218 / 1-800-308-2922
Fax/télécopieur: (506) 457-4926
http://www.electionsnb.ca

9 attachmentsScan and download all attachments

My Barring Notice.pdf
141K View as HTML Scan and download

Federal Commissioner.pdf
73K View as HTML Scan and download

Integrity-yea-right.-txt.pdf
663K View as HTML Scan and download

nb judicial council.pdf
652K View as HTML Scan and download

34 Directions for Brief.pdf
30K View as HTML Scan and download

Ethics Commissioner and Tanker Malley etc.pdf
70K View as HTML Scan and download

police commission.pdf
953K View as HTML Scan and download

Maritime Attorney Generals.pdf
101K View as HTML Scan and download

Peter Hyslop voicemail 2006.mp3
354K Scan and download
 
 

 

Board nixes special intervener to defend residential users in NB Power hearings

Energy and Utilities Board concludes it does not have authority to appoint a residential intervener

"The board finds that it does not have jurisdiction to grant intervener funding," it wrote in a three-page decision released late last week.

NB Power is involved in a rate design hearing, which could dramatically change the prices charged by the utility.

Peter Hyslop, a Hartland-based lawyer, argued in June that homeowners and apartment dwellers are NB Power's largest customer group and should be independently represented at hearings.

"Rate design is going to have significant impact on residential ratepayers," Hyslop said at the June 15 meeting. 

There is no question that Mr. Hyslop would bring a meaningful contribution to the proceedings.
- Energy and Utilities Board

"The argument and position of residential ratepayers should be before this board."

NB Power is responsible for the expenses of electricity hearings and would have been the one to pay for the bills of a lawyer representing residential customers.

In its decision, the EUB said there is nothing in its governing legislation or in precedent-setting court rulings that allow for that arrangement. 

"There is no question that Mr. Hyslop would bring a meaningful contribution to the proceedings," it wrote. 

"However, the board concludes that it cannot be implied that intervener funding is of practical necessity in order to accomplish its jurisdiction."

Year-long hearing to reshape bills

Heather Black is the public intervener at the Energy and Utility Board's looking into NB Power's rate design application. (Robert Jones/CBC)
Hyslop is a former public intervener at NB Power rate hearings. 

Heather Black, who is now the public intervener, is responsible for representing "the public interest" at the EUB hearings and is barred from advocating for any single group like residential customers.

Hyslop suggested that mandate, which was changed by the Alward government in 2013, meant Black would be unable to represent the best interests of residential customers in the way public interveners used to.

NB Power is in the middle of a year-long EUB proceeding that is looking at reshaping how the utility bills various customers for electricity.

Some of the most significant proposals are aimed at homeowners and apartment dwellers, including higher than average rate increases for that group, premium prices for electric heat and the possible adoption of different rates at different times of the day, different days of the week or different months of the year. 

ABOUT THE AUTHOR


Robert Jones

Reporter

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.

 

https://www.cbc.ca/news/canada/new-brunswick/eub-hearing-nb-power-rate-design-smart-meters-1.4305685 

 

EUB punts rate hearing as NB Power studies $122M smart meter plan

EUB agrees to suspend hearing so it can deal first with NB Power's proposed $122M purchase of smart meters

The EUB has agreed to consider an upcoming NB Power application to spend $122 million on new "smart meters" for homes and businesses first.

"The Board finds that the AMI (Advanced Metering Infrastructure) application should precede the rate design hearing and therefore it is in the public interest to grant an adjournment," ruled EUB chairman Raymond Gorman in a brief hearing last week.
 
Energy and Utilities Board chair Raymond Gorman says the board has delayed the rate design hearing for one year. (Pat Richard/CBC)

NB Power has been under pressure from the EUB to better match prices it charges for electricity to the cost of producing and distributing power. That could see consumers paying substantially different prices for power between summer and winter — even between day and night. 

But the utility has argued there is little room to make substantial changes like that until its entire inventory of power meters is upgraded.

"It is NB Power's submission that the rate design proceeding is … premature because it does contemplate discussion of rate design options that might not be available depending on … (smart meter) deployment," NB Power's senior legal counsel John Furey said during arguments for the suspension.

Tracking more frequent

Unlike current units that have to be physically visited to be read, smart meters will connect directly to NB Power computers, allowing individual customers to have electricity consumption tracked several times an hour instead of once a month. 

The utility says this will allow it to charge a variety of rates for electricity — more when consumption is higher, such as in the mornings, on weekends and during winter — and less when consumption is lower.

"We are going from reading a customer's meter once a month, so 12 times a year, up to 12 times an hour," former NB Power executive Neil Larlee said during testimony in front of the EUB last February.

Smart meters for $122M

But the new meters are expensive, an estimated $92 million to acquire one for each customer and another $30 million to have them installed and made operational. 

It's an expense that largely requires EUB approval, something the regulator is expected to hear evidence on this winter and rule on by next spring.  NB Power said without that decision being made first, redesigning rates made little sense. 

John Furey, NB Power's senior legal counsel, argued for the delay in the rate design hearing until the utility installs smart meters, which record power usage more frequently. (LinkedIn)

"I don't see how we can have a meaningful process … because we don't know what rate design options are available or might be precluded in the event the (smart meter) decision is not to deploy or to deploy," said Furey.

Because those who heat with electricity consume large amounts of power during high-demand cold snaps, the rate design process is generally expected to result in higher costs for that group. 

However, NB Power has argued smart meters will allow for enough discount periods that electric heat customers who move activities such as laundry, dishwashing and showers into the evening will be able to offset some or all of the increases they experience.

NB Power is expected to formally apply to buy and install smart meters provincewide within the next two weeks as part of its next general rate increase application. 

The rate design hearing will resume next fall.

ABOUT THE AUTHOR


Robert Jones

Reporter

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.

CBC's Journalistic Standards and Practices
 
 
 
61 Comments
 
 
 
Jonas Smith  
Put off for a year? You mean after next year's provincial election. I see this Liberal Government is still using the 50's/60's handbook on political posturing. 
 
 
Roy Kirk
Reply to Jonas Smith 
You hit the nail square on the head!  
 
 
 
 
Rosco holt 
Residential users should be represented separate from commercial at the EUB. The public intervener seem to represent commercial users sacrificing residential users in the process.

Government isn't interested in fair representation since it would interfere with the Empire's wishes of having electricity for free for their smaller operations. 

 
 
 
Dave Tramley 
I am a concerned citizen living in Riverview NB. I get uneasy when I hear that NB power is planning to install smart meters.

Here is why. The below link is from Canadians for Safe Technology. The page link is all about smart meter issues. I personally choose to opt out of smart meter installation.

I don't want a fire or risk having poor health effects from the RF radiation emitted by smart meters.

http://c4st.org/?s=smart+meters  
 
 
 
 
Allan J Whitney
GREAT idea. Send over one hundred million BORROWED dollars off to some well connected source in faraway lands. Just another way to gut this province. Then, after succumbing to financial difficulties, all the assets will be sold off to well connected parties at dimes on the dollar. Watch and learn, fellow marks.  
 
 
 

Shawn McShane 
 'Astonishing’: Hydro One pulling plug on 36,000 rural smart meters after years of complaints

...mandated by the Liberal government at a cost of about $2 billion, Some customers were double and tripled bills; some had no bills for months; others were comically billed millions in overcharges.

http://nationalpost.com/news/canada/astonishing-hydro-one-pulling-plug-on-36000-rural-smart-meters-after-years-of-complaints 
 
 
Roy Kirk
NBP always prided itself on being a mini Ontario Hydro. Comforting to see it continues to tred the same path, i guess. It makes our future more predictable. Reply to Shawn McShane  
 
 
 
 
 
Shawn McShane 
Residential electricity customers underpaying, NB Power says...And its own study states NB Power's large industrial customers pay 99 per cent of what they should for power

The EUB's predecessor, the old Public Utilities Board, found large industrial customers were the most heavily subsidized group. Who should we believe...in the Empire?

http://www.cbc.ca/news/canada/new-brunswick/residential-electricity-customers-underpaying-nb-power-says-1.2804028 
 
 
Roy Kirk
Reply to Shawn McShane 
As a class, residential customers probably are underpaying. But sticking a small apartment dweller with a 60 amp entrance in the same class as a monster home owner with a 200 amp service is inherently unfair when both pay the same service charge. So we have a situation in which small residential customers pay too much and larger ones pay too little. Back in the '60's the NBEPC rates made such distinctions, or tried to do so. Now, it is take what the market will bear from whichever customer is least able to defend themselves. :-( 
 
 
Shawn McShane   
Reply to Roy Kirk
Much more money in apartment blocks where each unit pays a service charge. A ghetto I think they call it. NB needs a lot more immigration. We need to build up our ghetto culture. Is that what you mean...Kirk?
 
 
 
Roy Kirk  
The new meters will only lead to fairer rates and significant energy conservation *if* the EUB finally rolls back the absurdly high monthly service charge and builds that revenue into the energy rate. As it now stands, a customer in a 700 sq ft appartment pays the same fixed charge as someone in a 4000 sq ft home, despite using much less electricity, on average.

The high service charge is nothing but a revenue insurance policy for the utility, insulating it from the effects of customers' conservation, and paid for largely by smaller, poorer customers.

 
 
 
Diana Austin  
Running appliances overnight might reduce power bills, but it also increases the risk of fires that people might not spot immediately because they are asleep. We always ran our dishwasher overnight--until it caught fire one night while we were asleep. We were lucky because the fire burnt itself out inside the machine and so it didn't trigger the fire alarms. We had the Fire Marshall around and he told us that appliance fires in Fredericton are not uncommon. I did a quick Google search and found out that appliance fires causing the loss of both lives and property have been a big issue in England and other places that use power rates to encourage people to run appliances overnight. We did know that a neighbour had a fridge catch fire in the middle of the night once, but we thought that was a really unusual event. We never thought appliance fires in the middle of the night would happen twice in a few years on the same street, so we never worried about running the dishwasher overnight. But having seen how close we came to a big fire happening while we were sleeping, we stick to daytime use now.  
 
 
Shawn McShane   
Reply to Diana Austin 
Smart meters linked to 13 fires in Ontario, Fire Marshall

nine fires in Saskatchewan,

SaskPower plans to remove all 105,000 of its smart meters and replace them with traditional units.

https://www.thestar.com/news/canada/2014/08/08/smart_meters_linked_to_13_fires_in_ontario_fire_marshal_says.html

 
Fred Brewer
Reply to Diana Austin
If you read the article carefully you will see that NB Power is not suggesting using appliances while you sleep. They suggest using them in the evening to take advantage of lower power rates. Those that wish to use their appliances during peak daytime periods can do so, but they will pay a bit more for their electricity. 
 
 
Shawn McShane  
Reply to Fred Brewer  
In Nova Scotia

11pm to 7am off peak: 8.136¢/kWh

7am to 12pm: 19.421¢/kWh

4pm to 11pm: 19.421¢/kWh

http://www.nspower.ca/en/home/for-my-home/heating-solutions/electric-thermal-storage/tod-rates/default.aspx

 
Fred Brewer 
Reply to Shawn McShane  
What does NS have to do with power rates in NB? NB Power has gone on record that it will be cheaper in the evening.  
 
 
Roy Kirk
Reply to Shawn McShane 
The big difference between NS and NB is the penetration of electric heat. It is much higher in NB, making for many more captive customers who cannot easily move off of ekectricy used for space heating. 
 
 
Roy Kirk
Reply to Fred Brewer  
NBP went on record to say that their refurbished station at Lepreau would operate at a much higher capacity than it in fact has done.

Perhaps one should consider that it will say what it thinks is convenient to its case in the circumstances at hand. 

 
Shawn McShane  
Reply to Fred Brewer 
 
What time in the time of evening Fred? Bed time? 
 
 
Shawn McShane   
Reply to Roy Kirk
NBP went on record to say that large industrial customers pay 99 per cent of what they should.

http://www.cbc.ca/news/canada/new-brunswick/residential-electricity-customers-underpaying-nb-power-says-1.2804028

Fred didn't believe it and demanded proof.

 
Fred Brewer  
Reply to Roy Kirk 
Excellent point Roy and I agree. Government and NB Power cannot be trusted any further than we can throw an elephant.  
 
 
Fred Brewer 
Reply to Shawn McShane 
Yep and the 99% number came right from NB Power and as Roy pointed out, they cannot be trusted. So I must also admit that the evening lower rates might never materialize. 
 
 
 
 
Jason Inness 
I think NB Power, the politicians, and the EUB all need a reminder of who they ultimately work for. It seems sleazy that they all seem to be working to take even more of our money, yet NB Power can partner with Emera to provide 20 years of the same pricing to customers in Massachusetts (I believe that was the state). Why are we, the owners of NB Power, always the ones getting the higher rates, so they can give price breaks to industrial users and foreign customers?
 
 
Shawn McShane   
Reply to Jason Inness 
We have the lowest median income in Canada and the highest rates of children living in poverty. Because of this fact NB Power, the politicians, and the EUB know NBers will be forced to use off peak electricity freeing up more electricity to sell to non-NBers. 
 


New Brunswick Energy and Utilities Board
Commission de L'Energie et des Services Publics N.-B.

Matter 357

IN THE MATTER OF an application by New Brunswick Power Corporation
with respect to proposed changes to its rate structure, rate classes
and rate design.

held at Board Premises, Saint John, N.B., on October 5th 2017.


                        Henneberry Reporting Service
New Brunswick Energy and Utilities Board
Commission de L'Energie et des Services Publics N.-B.
Matter 357

IN THE MATTER OF an application by New Brunswick Power Corporation
with respect to proposed changes to its rate structure, rate classes
and rate design.

held at Board Premises, Saint John, N.B., on October 5th 2017.

BEFORE:  Raymond Gorman, Q.C. -  Chairman
         Patrick Ervin        -  Member
         Michael Costello     -  Member

New Brunswick Energy and Utilities Board
                    Counsel   - Ms. Ellen Desmond, Q.C.
                    Board Staff  - David Young
                                 - Michael Dickie
............................................................
  CHAIRMAN:  Good morning.  This is a hearing of the New Brunswick
Energy and Utilities Board in relation to Matter 357, which is an
application by New Brunswick Power Corporation with respect to
proposed changes to its rate structure, rate classes and rate design.
At this point -- I think somebody has just joined us.
    Today's hearing is a Motions Day.  We had two motions filed, one by
the Public Intervenor and one by Mr. David Amos.  The motion by the
Public Intervenor, the Board has been advised that that motion, which
was requesting additional information from IRs, that the additional
information has in fact been filed and that motion has been withdrawn.
That leaves us with one motion, that's Mr. Amos' motion.
    So I will take the appearances at this time starting with NB Power Corporation.

  MR. FUREY:  Good morning, Mr. Chair.  John Furey.  I am with Stephen
Russell and Natasha Connelly Bosse.  Mr. Chair, I am having a little
difficulty hearing you.

  CHAIRMAN:  All right.  If I move this microphone closer, is that a
little bit better?

  MR. FUREY:  Yes, thank you.

  CHAIRMAN:  All right.  And perhaps I could remind the parties to
mute their phones, if you can, when you are not talking, because we
get a lot of feedback on our conference phone.  So David Amos?

  MR. AMOS:  Yes, sir.  I am here.  And Gerald Bourque is here as well.

  CHAIRMAN:  Mr. Bourque is here as well.  Thank you.  Enbridge Gas
New Brunswick?  Not on the line.  J.D. Irving Limited?

  MR. STEWART:  Christopher Stewart, Mr. Chairman.

  CHAIRMAN:  Thank you, Mr. Stewart.  Sussex Sharing Club?  Not here.
Utilities Municipal?

  MR. STOLL:  Good morning, Mr. Chair.  Scott Stoll.  And Ms. Kelly is
on the other line.

  CHAIRMAN:  Thank you, Mr. Stoll.  York North Veneer Products?  Not
here.  Public Intervenor?

  MS. BLACK:  Good morning, Mr. Chair.  Heather Black.

  CHAIRMAN:  Thank you, Ms. Black.  New Brunswick Energy and Utilities Board?

  MS. DESMOND:  Good morning, Mr. Chair.  It's Ellen Desmond.  And
from Board Staff, David Young and Michael Dickie.

  CHAIRMAN:  Thank you, Ms. Desmond.  The motion this morning filed by
Mr. Amos was filed on October 3rd and it's seeking an order from the
Board that it maintain the schedule that it ordered after the
pre-hearing conference on June 15th 2017.  Of course, that schedule
was altered as a result of a motion that was heard on September 21st.
So, Mr. Amos, that's your motion, so I am going to ask you to proceed.
The Board notes that you filed a motion, but that -- with that motion
there was no additional evidence.

  MR. AMOS:  It's my understanding the evidence is not required.  I
asked you about it on the 21st and you wouldn't answer me, but October
3rd was the deadline for Motion Day.  The Public Intervenor and I both
filed a motion.  That said, she withdrew, I did not.
    According to the Act, this hearing that, as CBC, the Board has punted
down the road, is supposed to have been heard in three years when I
wanted to cross-examine Mr. Russell on the 21st.  It was my
understanding he had years to prepare for this hearing and then why he
is suddenly too busy to go on with it, I had many questions with that
regard, particularly after a confidential meeting with NB Power this
summer.  That said, you didn't allow me to cross-examine him, but you
did extend this matter till November 1st so people could get their
information responses, at the very least, and file motions with
questions.
    As you know from the pre-conference hearing -- or the pre-hearing
conference on June 15th, I have many questions and I introduced myself
to you folks before I even became an intervenor.  Nobody has asked me
any questions all summer, but the public is certainly entitled to know
why NB Power wants to go forward and blow more money to install smart
meters where there are many law suits, et cetera in many other
jurisdictions about site meters.  They are supposed to reduce debt,
not increase debt.  And the public are going to have to fund the
purchase of these site meters so then the public can turn around and
be billed more.

  CHAIRMAN:  Mr. Amos, I don't want to interrupt you, but just on that
point, you should be aware that it's our understanding that the
general rate application for 2018/2019 will be filed probably --

  MR. AMOS:  I am talking about this hearing.

  CHAIRMAN:  -- probably this week.

  MR. AMOS:  I don't care about that one.  I am talking about this hearing.

  CHAIRMAN:  No, I appreciate that, but you raise the issue of the
advanced metering and it's my understanding that that will be part of
the filing that the Board will receive over the next couple of days.

  MR. AMOS:  Yes, but this Board -- this hearing is relationship to
Mr. Todd's report that stakeholders -- you and me as people of this
province, by way of NB Power, paid Mr. Todd for his report.  Mr. Furey
and his associates at NB Power want to keep most of that report
confidential from the stakeholders of this province.  We paid Mr.
Furey for his report.  We should have the right to read it.  Now I
wouldn't sign any non-disclosure agreement with Mr. Furey.  I only
want to know what the public is entitled to know.  If NB Power wants
to keep its secrets, I can get it through the Private of Information
Act, or whatever that other people are in trouble for these days.
    This hearing is ordered by the Act.  They had three years to prepare
for this hearing, which is supposed to begin next spring.  I don't
know why Mr. Russell, suddenly one week before the proper Motion Day,
which was October 3rd, or weeks before that -- and 30 minutes after
Mr. Hyslop pulls himself from the matter, they have a sudden motion to
have it dismissed sine die, which means forever, and the Board
accommodates NB Power with a proper Board hearing, not on a scheduled
Motion Day, and tried hard to make this matter go away.  Well all that
happened was it's delayed until after the next election.
    Meanwhile, I have got emails from your current Minister Rick Doucet
before the last election waiting to receive my documents.  When he
received my documents, he said nothing since.  You folks have never
responded to any of my emails.  Nobody will talk to me on the phone.
And the only way I can speak to anyone is on the record, which is what
I am doing.   This hearing was properly scheduled.  All the
intervenors lined up, information requests, and information responses
and the hearing should go forward as per your mandate and the law that
was set down in 2013.  That's my position.  I don't know how you think
and NB Power think you can delay the matter down the road until you
are no longer Chair of the Board.  You were appointed in 2007, your
term is up this year.  I don't know who the next Chair of the Board
will be, he is yet to be appointed, but I will take it up with him.
That said, I told you I have the right to judicial review.  That's
also in the Act.  And I am quite -- I am being very honest with you, I
think this is political, period.  Where is the Conservatives in this?
What's going on here?  There is a properly scheduled hearing.  The
Public Intervenor doesn't appear to be speaking on my behalf, but I
am.
    And my number one concern, as a lot of Maritimers are who have voiced
it to me, is this smart meter nonsense and more debt.  The Act was
there to bring the debt down and bring the equity up, it's my
understanding.  I don't know how you increase equity by borrowing more
money.  First off, to pay for these meters, you have to bill your
clients more money to recoup the money you borrowed to buy the smart
meters and then they might come forward with a profit.  But I have
been in business a long time and I am older than most of you folks.  I
have litigated and sued more lawyers, law firms, and argued with more
Attorney Generals and politicians than most folk can name.
    Mr. Gorman, you cannot deny that I didn't send you a couple of very
interesting emails this weekend to remind you when I first introduced
myself to you in 2007.  Correct?  Are you there?

  CHAIRMAN:  Yes, I am here.  And I am just waiting for the rest of
your submission.

  MR. AMOS:  Well that said, you used to be on the Board back in the
'90s, and then you had Mr. Stoll's job for a few years, and then when
Bernard Lord canned the old PUB -- and as you know, I was involved
with all of that.  I sent you the documents and the National Energy
Board.  And I ran in Saint John, just like Mr. Hyslop did.  I sent you
his voicemail between him and I.  I sent you all my documents.  I sent
you the document that I gave NB Power in 2006, right after I ran for
Parliament in Fredericton. NB Power had hired Simpson Bartlett &
Thacher to sue Venezuela over orimulsion.  Ms. Black's law firm,
McInnes Cooper were hired by Venezuela, Richard Costello, to search
with PUB as to when there was a pipeline from the Irving refinery to
Coleson Cove.  All of this is easily verified in the information I
already sent you.

  CHAIRMAN:  Mr. Amos --

  MR. AMOS:  I have issues with conflict of interest with Stewart
McKelvey.  NB Power hired them to sue the insurance companies to
recoup losses on Lepreau.  And Irving hired the same law firm to
approach this Board to protect Irving's interest.  That's a huge
conflict of interest.

  CHAIRMAN:  Mr. Amos --

  MR. AMOS:  Mr. Hoyt --

  CHAIRMAN:  -- Mr. Amos --

  MR. AMOS:  -- he picked the cabinet that you guys --

  CHAIRMAN:  -- excuse me, Mr. Amos --

  MR. AMOS:  -- report to.  And he speaks for Enbridge while his law
firm -- his law firm partner is a Public Intervenor.  I smell conflict
of interest everywhere I look in this matter.  And everybody knows I
enjoy suing lawyers.

  CHAIRMAN:  Okay.  Mr. Amos --

  MR. AMOS:  As I said, I have --

  CHAIRMAN:  -- Mr. Amos, I --

  MR. AMOS:  -- a right to judicial review and I don't care --

  CHAIRMAN:  -- excuse me, Mr. Amos --

  MR. AMOS:  -- for the Court of Queen's Bench in Fredericton, I will
be suing you guys in Federal Court.

  CHAIRMAN:  Okay.  Mr. Amos, the motion that you brought today is for
an order from this Board to return --

  MR. AMOS:  To get you guys to obey the rules.

  CHAIRMAN:  -- excuse me, could you just wait a moment.

  MR. AMOS:  The law clearly states there is supposed to be a hearing
within three years.

  CHAIRMAN:  So which law are you referring to?

  MR. AMOS:  Section 100.

  CHAIRMAN:  Just one moment.

  MR. AMOS:  You guys are supposed to report to the Executive Council
and, et cetera, et cetera.  The law is the law.  Rules are rules.
Then there is Bill 60 about accountability.  I know when the
Conservatives come out with this Act in 2013, part of the NB Power's
mandate was to save money.  They want to bill more, but I don't see
much evidence where they have cut costs.  That was a big part of this
new bill.

  CHAIRMAN:  Can I bring you back to your section 100.  You are
talking about section 100 of the Electricity Act?

  MR. AMOS:  Yes, sir.

  CHAIRMAN:  And you are saying that this Board was supposed to do
something within three years?

  MR. AMOS:  There is all kinds -- have you read the Act?

  CHAIRMAN:  I have.

  MR. AMOS:  That's just one part of it.

  CHAIRMAN:  Is that -- but I am not sure how your argument pertains to what --

  MR. AMOS:  My argument is --

  CHAIRMAN:  -- excuse me, just  --

  MR. AMOS:  -- the Act says --

  CHAIRMAN:  -- Mr. Amos, I would like to know how --

  MR. AMOS:  Are you a lawyer?

  CHAIRMAN:  -- I would like to know how that --

  MR. AMOS:  You are a lawyer, sir.

  CHAIRMAN:  -- I would like --

  MR. AMOS:  You don't understand the Act?

  CHAIRMAN:  -- I would like to know --

  MR. AMOS:  We will argue the Act in another court, if you don't
understand the Act you are supposed to follow.  If you want to argue a
layman about some small portion of the Act -- but you will see in the
Act where the Executive Council is involved, section 100.  How can
that be if you don't even have your hearing until after the next
election?

  CHAIRMAN:  Sir, your concerns seem to be about the --

  MR. AMOS:  I will take it up with the Executive Council right after
I hang up the phone, Rick Doucet.

  CHAIRMAN:  Okay.  Mr. Amos, your concerns that you talked about this
morning seem to --

  MR. AMOS:  I am asking you to obey the law and uphold your own
rules, as per your mandate.  This hearing was properly scheduled, all
the intervenors lined up.  They had their information requests,
information responses.  And now all of a sudden, just because Mr.
Russell is too busy in September, you allow NB Power to end it.  I
smell politics through and through, sir.

  CHAIRMAN:  Okay.  Mr. Amos, do --

  MR. AMOS:  It was politicians who appointed you to this position.

  CHAIRMAN:  Mr. --

  MR. AMOS:  Len Hoyt picked the Executive Council, for God's sake,
and he is an intervenor for Enbridge.

  CHAIRMAN:  Mr. Amos, do you have anything else in respect to why
this matter should -- the original schedule should be --

  MR. AMOS:  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 intervenor?  Did not I explain my issues to this
Board in no uncertain terms on June 15th?
    I am here protecting my own interests as a citizen and a stakeholder
in this province who pays your wages.

  CHAIRMAN:  Mr. Amos, anything further?

  MR. AMOS:  You are an officer of the court.  You are obliged to
uphold the law, sir.

  CHAIRMAN:  Okay.

  MR. AMOS:  If you want to mince words with me with sections 100,
fine.  We will do that in front of a judge.

  CHAIRMAN:  Anything further?

  MR. AMOS:  Yes.  I look forward to meeting you in court, sir.

  CHAIRMAN:  Right.  Thank you.  Mr. Furey, anything?

  MR. FUREY:  Just very briefly, Mr. Chair.  While it has not been
characterized by Mr. Amos, I think the appropriate way to treat the
motion is request for a re-hearing or variation of the Board's Order
of September 21st, which is permitted under section 43 of the EUB Act.
And rule 8.1.1. sets out how the Board would go about that or how the
application should demonstrate whether the Board should exercise its
discretion to do that.  And in that rule, it talks about the types of
things that you would expect to see in this type of application,
whether there is some alleged error of law or jurisdiction, I don't
hear that.  And whether there is any new facts or new evidence that
was not before the Board at the time it made its decision on September
21st, I don't hear any of that.

  MR. AMOS:  You had lots of my information before September 21st.
It's properly documented.

  CHAIRMAN:  Mr. Amos, you had an opportunity --

  MR. FUREY:  Well, Mr. Amos, you had your turn.  Let me speak please.
  CHAIRMAN:  Yes.  Mr. Amos, you have had an opportunity to speak.
It's Mr. Furey's --

  MR. AMOS:  Yes, I am considered hostile by Mr. Furey.

  MR. FUREY:  I can't imagine why.

  MR. AMOS:  We will find out in another court, won't we, Mr. Furey?

  CHAIRMAN:  Mr. Amos --

  MR. FUREY:  So, Mr. Chair, I don't see any of the types of things
that would justify the Board exercising its jurisdiction to vary its
previous decision and so I would simply ask that the motion be
dismissed.

  CHAIRMAN:  Thank you, Mr. Furey.  Mr. Bourque?

  MR. AMOS:  Mr. Bourque?

  MR. BOURQUE:  Yes.  No, I think the motion should -- you know, we
should go ahead with this.  That's what the Act says, that's what we
should be doing.

  CHAIRMAN:  Thank you, Mr. Bourque.  We have a new participant.

  MR. VOLPE:  Paul Volpe, Enbridge Gas.

  CHAIRMAN:  Good morning, Mr. Volpe.

  MR. VOLPE:  My apologies.

  CHAIRMAN:  Yes.  So we are partway through the hearing of the
motion, Mr. Volpe.  Do you have anything to say about this motion?  Do
you have --

  MR. VOLPE:  I do not.  Please proceed.  Thank you.

  CHAIRMAN:  Mr. Stewart?

  MR. STEWART:  I have no submissions.

  CHAIRMAN:  Mr. Stoll?

  MR. STOLL:  Mr. Chair, I think Mr. Furey captured our position.

  CHAIRMAN:  Thank you.  Ms. Black?

  MS. BLACK:  Thank you, Mr. Chair.  I agree with Mr. Furey's analysis
based on the EUB Act and the Rules of Procedure and I have no further
submission.

  CHAIRMAN:  Thank you.  Ms. Desmond, any comments?

  MS. DESMOND:  No, comments, Mr. Chair.

  CHAIRMAN:  All right.  Just give us a moment.  We are just going to
recess briefly, but I am going to ask the parties to stay on the
phone.
    (Short recess)

  CHAIRMAN:  All right.  The Board will now provide a decision with
respect to this matter.
    Mr. Amos filed this motion on October 3rd seeking an order from the
Board that it maintain the schedule that it ordered after the
pre-hearing conference on June 15th 2017.
    By way of background, NB Power filed a rate design application on May
1st 2017.  A pre-hearing conference was held on June 15th 2017.  The
Board provided a complete and final filing schedule to all parties on
July 13th.  A hearing was set for April 9th 2018.
    On September 12th, NB Power filed a motion seeking an adjournment of
this matter.  This motion was heard on September 21st 2017 at which
time all parties had the opportunity to comment on NB Power's request
for an adjournment.
    Having considered all of the submissions at that time, including that
of Mr. Amos, the Board determined that -- and I am quoting from that
decision -- "it should exercise its discretion and grant an
adjournment in this matter.  The Board finds that the AMI application
should precede the rate design hearing and therefore it is in the
public interest to grant an adjournment."  I believe that can be found
in the transcript.
    In a motion of October 3rd, Mr. Amos is asking the Board to
reconsider its decision of September 21st and to require NB Power to
proceed with the matter as was first ordered on July 13th.
    Section 8 of the EUB Rules of Procedure specifically addressed the
process to be used when requesting the Board to review, rescind or
vary an order, which it is and able to do under section 43 of the Act.
The Rule provides that when an applicant makes a request of this
nature, the application should provide a number of things, including
the grounds on which they intend to rely and the changed circumstances
or new facts that have arisen since the close of the original
proceeding.
    The Board has read the information provided in Mr. Amos' motion and
considered his comments at today's hearing.  The Board finds that Mr.
Amos has provided no new information since the Board made its decision
on September 21st.
    As a result, as per Section 8.2 of the Rules of Procedure, Mr. Amos
has not raised sufficient grounds to reconsider the Board's decision
of September 21st and the motion is dismissed.  Thank you.  And we
will now adjourn.
    (Adjourned)
                      Certified to be a true transcript of
                      the proceedings of this hearing
                      as recorded by me, to the best of my
                      ability.         Reporter




http://www.gnb.ca/legis/bill/FILE/57/3/Bill-39-e.htm

BILL 39
Electricity Act
Her Majesty, by and with the advice and consent of the Legislative
Assembly of New Brunswick, enacts as follows:


PART 6
REGULATION OF ELECTRICITY
Division A
Planning
Integrated resource plan
100( 1) The Corporation shall, in accordance with subsection (4),
submit to the Executive Council for approval an integrated resource
plan that covers a planning period of not less than 20 years and that
includes the following:
(a)  the Corporation’s load forecast for the planning period;
(b)  demand-side management and energy efficiency plans considered by
the Corporation and those it has chosen for implementation;
(c)  supply-side options considered by the Corporation and those it
has chosen for implementation;
(d)  the anticipated impact on load of the demand-side management and
energy efficiency plans chosen for implementation by the Corporation;
(e)  the cost implications of the demand-side management and energy
efficiency plans and supply-side options chosen for implementation by
the Corporation as projected for the initial 10-year period covered by
the integrated resource plan;
(f)  any key assumptions relied on by the Corporation in developing
the integrated resource plan;
(g)  a description of the stakeholder consultations carried out by the
Corporation in developing the integrated resource plan; and
(h)  any other information the Corporation considers relevant or that
is ordered by the Board under subsection (3) to be included.
100( 2) Subject to any changes requested under subsection (7), an
integrated resource plan shall be developed by the Corporation in
accordance with the principles of least-cost service, economic and
environmental sustainability and risk management.
100( 3) The Board may, on its own motion, order the Corporation to
include additional information in any subsequent integrated resource
plans submitted under subsection (1) for the approval of the Executive
Council.
100( 4) An integrated resource plan shall, at the following times, be
submitted to the Executive Council under subsection (1) for approval:
(a)  within one year after the commencement of this section;
(b)  at any time on the request of the Board; and
(c)  at least once every three years after the date of the submission
of the latest integrated resource plan under either paragraph (a) or
(b).
100( 5) The Executive Council shall approve or reject an integrated
resource plan within 90 days after receipt of the plan.
100( 6) If the Executive Council does not render a decision under
subsection (5) within the time specified in that subsection, the
integrated resource plan shall be deemed to be approved on the expiry
of that time.
100( 7) The Executive Council may request changes to an integrated
resource plan or request additional information from the Corporation
before approval.
100( 8) An integrated resource plan approved by the Executive Council
under subsection (5) or deemed to be approved under subsection (6)
shall be filed by the Corporation with the Board within 30 days after
the approval or deemed approval.
Strategic, financial and capital investment plan
101( 1) The Corporation shall file with the Board for information
purposes within one year after the commencement of this section and
annually after that a strategic, financial and capital investment plan
covering the next ten fiscal years that includes the following:
(a)  a schedule showing, for each fiscal year covered by the plan,
each capital project contemplated by the Corporation that has a total
projected capital cost of $50 million or more and the related
projected annual capital expenditures for each such project;
(b)  a schedule showing, for each fiscal year covered by the plan, the
projected aggregate capital expenditures that relate to the capital
projects contemplated by the Corporation that have a projected total
capital cost of less than $50 million;
(c)  the revenue requirements of the Corporation for each fiscal year
covered by the plan;
(d)  a projected balance sheet for the Corporation for each fiscal
year covered by the plan;
(e)  the Corporation’s load and revenue forecast for each fiscal year
covered by the plan;
(f)  a schedule showing, for each fiscal year covered by the plan, the
projected annual overall change in rates for sales of electricity
within the Province, expressed as a percentage, that is necessary to
meet the revenue requirements referred to in paragraph (c); and
(g)  any other information that the Corporation considers relevant or
that is ordered by the Board under subsection (2) to be included.

Your post titled "Whereas everything in his idea of Heaven and Hell is done in threes Methinks I will save evil Chucky's big April Fools Day blog in three ways" has been reinstated

Add star 

Blogger

<no-reply@google.com>
Sun, Jun 4, 2023 at 10:31 PM
To: david.raymond.amos333@gmail.com


    Hello,

    We have re-evaluated the post titled "Whereas everything in his idea of Heaven and Hell is done in threes Methinks I will save evil Chucky's big April Fools Day blog in three ways" against Community Guidelines https://blogger.com/go/contentpolicy. Upon review, the post has been reinstated. You may access the post at http://davidraymondamos3.blogspot.com/2017/10/whereas-everything-in-his-idea-of.html.

    Sincerely,

    The Blogger Team

 

http://davidraymondamos3.blogspot.com/2017/10/whereas-everything-in-his-idea-of.html.

 

Friday, 6 October 2017

Whereas everything in his idea of Heaven and Hell is done in threes Methinks I will save evil Chucky's big April Fools Day blog in three ways

 

Clearly I wrote the email found below to myself because I did not want to let the cat out of the bag too soon. However after what I heard on CBC this morning and nearly died laughing I thought at the very least I should update a blog that nobody reads anyway.



http://www.cbc.ca/news/canada/new-brunswick/political-panel-david-hay-severance-1.4362779

 

Opposition calls for full disclosure of former NB Power CEO's severance deal

Liberal spokeswoman said government cannot discuss matter beyond compensation figure

By Sarah Petz , CBC News Posted: Oct 19, 2017 6:12 PM AT 

Former NB Power president David Hay was paid just over $1.7 million following his sudden departure from the utility in January 2010.
Former NB Power president David Hay was paid just over $1.7 million following his sudden departure from the utility in January 2010.

 

NB Power has acknowledged it paid former president David Hay more than $1.7 in severance, equivalent to four years of his salary, after he abruptly quit his post with the utility in January 2010.

Hay left his position with one day's notice after objecting to a controversial attempt by the Shawn Graham government to sell the utility to Hydro Quebec.


In response to a request from Information Morning Fredericton, Tina Robichaud of Premier Brian Gallant's office said the Liberal government could not participate in the program's panel discussion on the topic because of a "confidentiality agreement."

When CBC News pointed out the information regarding the settlement is now in the public domain, Robichaud said that additional information "over and above the compensation amounts released continues to be afforded protection pursuant to [provincial legislation] and NB Power's confidentiality obligations."

Calls for disclosure 


Brian MacDonald, Progressive Conservative MLA for Fredericton West-Hanwell, said the the Liberal government should disclose the additional information "if for no other reason than to defend themselves."

"When we don't see that information come forward, it does breed these kind of conspiracy discussions," he said.

"You do have to wonder what's going on."

Green Party Leader David Coon said New Brunswickers have a right to know how their tax dollars are being spent.

"We have a big problem with governments who say 'no this is none of your business, New Brunswickers,'" he said.

"It's not the managers and it's not the politicians who are paying out this money, it's New Brunswickers."

People's Alliance Party Leader Kris Austin said the secrecy around big payouts to former government employees makes the public cynical.

"I often wonder why people feel so disillusioned with politics, and I think it's years of this sort of thing," he said.

Robichaud referred a request to respond to these comments to NB Power.

A spokeswoman for NB Power said the utility has not received any requests from opposition parties for information on this matter.


 ---------- Original message ----------
From: David Amos motomaniac333@gmail.com
Date: Fri, 6 Oct 2017 17:06:59 -0400
Subject: RE EUB Matter 375 Well the wicked game is in play and concludes of April Fools Day
To: David Amos david.raymond.amos@gmail.com

I wonder if the "Powers that Be" or the welfare bum Chucky Leblanc and his Green Meanie buddies will ever get my 11 year old joke on the Irvings and NB Power

Nobody can deny that the email below and the the text of the cover letter to a pile of documents and a CD that I gave to NB Power in 2006 were recorded within the comment section of your blogging butt buddy Chucky Leblanc's blog since April Fools Day 2006 N'esy Pas Davey Baby Coon?

---------- Original message ----------
Date: Tue, 28 Mar 2006 04:47:31 -0800 (PST)
From: David Amos
Subject: Mr. Costello I will talk to the dudes from Venezeula myself
To: richard.costello@mcinnescooper.com, len.hoyt@mcinnescooper.com,
annmarie.mcdonald@mcinnescooper.com, apaiva@embavenez-us.org,
info@consulado-ny-gov.ve, info.canada@misionvenezuela.org,
crcas@dfait-maeci.gc.ca, hayley.clarke@mcinnescooper.com,
melanie.comstock@mcinnescooper.com, wylie.spicer@mcinnescooper.com,
rod.burgar@mcinnescooper.com, bruce.fitch@gnb.ca, travesjw@gov.ns.ca,
pcmlas@gov.ns.ca
CC: Wayne.STEEVES@gnb.ca, dale.graham@gnb.ca, wally.stiles@gnb.ca,
kelly.lamrock@gnb.ca, brad.green@gnb.ca, eugene.mcginley2@gnb.ca,
bev.harrison@gnb.ca, leroy.armstrong@gnb.ca, mikemurphymla@hotmail.com,
T.J.Burke@gnb.ca, roly.macintyre@gnb.ca, Ed.Doherty@gnb.ca,
frank.branch@gnb.ca, michael.malley@gnb.ca, Premier@gnb.ca

Hey Mr. Costello

Need I say I was not impressed by you yesterday. At least you confessed that you knew who I was but so much for a jealous defense of your client’s interests. EH?

That said there is no need to send you hard copy of my material. Your associates within McInnes Cooper already have enough to review and confer with you about.
Perhaps you should call the dudes or ladies (: Tell them how I chuck rocks will ya? from Patterson Palmer in Halifax that merged with your firm or better yet Lenny Hoyt and Franky Boy McKenna.

In my humble opinion your little buddy Franky Boy as Canadian Ambassador should have tried to stop NB Power’s malicious lawsuit against Venezeula in the USA before it picked up steam. But what do I know. EH? I think the dudes from Venezeula were wise to bring the issues back to the Maritimes and into the Irvings’ lap. I think it was a hoot that they employed your firm to do so. What say you?

Whereas you do not wish to speak to me I will speak to these dudes about you, Embassy of Bolivarian Republic of Venezuela, 32 Range Rd Ottawa Ontario K1N 8J4, Phone: 613 235-5151 and then send them what I sent Allan Rock Franky Boy Mckenna and the FBI almost one year ago. Perhaps you should call some of your friends mentioned below that I served my stuff upon yesterday after I talked to you and ask them what the Hell I am up to if you don’t already know.

Veritas Vincit
David Raymond Amos

P.S. the following was an interesting article to come out in the local paper just as Humpty Dumpty had the Governor Gerneral drop the Writ on the last election. It certainly seems to me that the Irving’s and Bernie Lord were trying hard to help Stevey Boy Harper’s government and John Wallace get elected in order to protect their own selfish interests. EH? If he won’t tell ya then ask me why Franky Boy does not want to be the liberal leader right now. I Double Dog Dare Ya. As I said in closing yesterday you have my number but maybe the dudes from Venezeula lost it so here it is again 506 434 1379. Your problem is do I want to talk to you now. Whilst I am talking to your clients about your incompetance I will explain to them why I am preparing to sue your whole god damned law firm.

November 25, 2005

Liberal leader ‘jeopardizing’ NB Power’s chances in lawsuit over
failed Orimulsion deal: Tory MLA

New Brunswickers should question whether Liberal Leader Shawn Graham is fighting for them or for Venezuelan President Hugo Chavez, says a Tory MLA. Jody Carr, MLA for Oromocto-Gagetown, made the stinging indictment against Mr.Graham Thursday during a heated committee hearing where the Liberal leader took repeated swipes at David Hay, NB Power’s president and chief executive officer, for failing to answer legal questions regarding the utility’s Orimulsion lawsuit.

Mr. Graham questioned some of the tactics being advanced by NB Power’s legal
staff and demanded to know how much the power corporation budgeted for the legal battle against the Venezuelan government and its state-owned oil company.

Mr. Carr said the Liberal leader crossed the line in Thursday’s committee hearing and could endanger NB Power’s lawsuit. “The issue is complicated and it shows the issue is far over his head to what he can comprehend,” Mr. Carr said in an interview later."He was in effect working on the side of the Venezuelan government by jeopardizing the court proceedings."He was jeopardizing the chances of government and NB Power recouping the $2.2 billion in savings and therefore, in essence, that put him on the other side.” NB Power restarted its lawsuit on Sept. 1, when it filed a statement of claim looking for $2.2 billion in financial damages, which equates to the price difference between purchasing heavy fuel oil to burn at the Coleson Cove Generation Station and Orimulsion, a cheap water-and-bitumen mixture patented by Petroleos de Venezuela, S.A. (PDVSA).

NB Power has hired Stewart McKelvey Stirling Scales to quarterback the lawsuits filed in Fredericton and New York along with Simpson Thacher & Bartlett LLP to serve as their U.S. counsel. Mr. Hay estimated that the corporation has already spent as much as $600,000 on legal bills relating to the Orimulsion lawsuit.The Liberal leader grew increasingly frustrated when Mr. Hay stonewalled his attempt to get a firm answer on NB Power’s budget for Orimulsion-related legal fees.

“For the life of me I can’t understand how it could jeopardize the court proceedings in saying how much we are thinking this court challenge may cost,” Mr. Graham said.Throughout the committee session,

Mr. Hay assured the Liberal leader that the power corporation was evaluating the risk-reward ratio at each legal “fork in the road.” Mr. Hay said he cannot disclose any details that could tip the utility’s legal hand considering the Venezuelans are keeping a close eye on the proceedings."We are dealing with people with extremely deep pockets. And if you go to a poker game “... and you say, I have my $1,000 here
or whatever it is you are playing with, that gives an advantage to the other side,” Mr. Hay said.

Mr. Carr also accused Mr. Graham of misleading Saint John residents about the Orimulsion costs during the recent byelection campaign in Saint John Harbour. Mr. Carr said he found it disconcerting that Liberal campaign signs said the Conservative government lost $2.2 billion through the bungled Orimulsion fuel deal but now Mr. Graham admits the money was a “potential loss of savings.”

- Daniel McHardie - Canadaeast News Service Source: Telegraph-Journal
| page A5 on Nov. 25, 2005


March 24, 2006

Michael “Tanker” Malley
C/o Cleveland Allaby
480 Queen Street
Suite # 200
Fredericton NB. E3B 1B6

Simpson Thacher & Barlett LLP
C/o Derek Burney
Chair of the Board of Directors of NB Power
515 King Street Fredricton, NB E3B 4X1

Jody Carr
C/o Paul Blackmore
Chestnut Complex
470 York Street
Fredericton, NBE3B 3P7

Patrick A.A. Ryan
Edgecombe House
736 King Street
Fredericton, NB E3B 1G2
Re: Public Corruption

Sirs,

Pursuant to my many phone calls and email to your offices please find enclosed the material I promised to you before I file my complaints in Federal Court in Fredericton. The CD which is a true copy of wiretap tape number 139 is served upon you all in confidence as officers of the court in order that it may be investigated byway of my suing the Crown.

While Norm Betts and Derek Burney’s buddy Stevey Boy Harper is busy in New Brunswick today trying hard to shore up the shaky government of Jody Carr’s buddy, Bernie Lord with long delayed federal tax dollars. I am polishing off my promises to crooked lawyers in the hope that the very corrupt House crumbles ASAP. If not maybe President Chavez will help me bankrupt the crooks working within NB Power within a crooked government’s blessing. Methinks Tanker will need another lawyer if the one he has now continues to play dumb. Lord paid Allaby a lot of money to study the doings of the Justice Dept a long time ago. He should understand the scene.

Shame on you all for forcing me to go to such lengths to protect my rights under the Charter. Methinks you have underestimated my diligence EH? Now ask yourselves why I don’t sue you after I sue the Crown? I fail to see any reason not to. That is the only way I know of to hold such people as you accountable. Stevey Boy Harper never will even though he talks the talk of such things. Everybody knows what I served upon his party’s lawyer Arthur Hamilton before I was falsely imprisoned in the USA in 2004.

Despite whatever Act our latest Prime Minister wishes to introduce to the Canadian people that he claims will compel our government to act with integrity, he can never deny my right to drag anyone into court. In fact he has done so himself in the past and I am no less of a man than he. Even a simple pigheaded Maritimer has the right to argue the law even with people who think themselves above it.

How you all have failed to uphold the law and the public trust placed in your public office is either a matter of public record or soon shall be or my name ain’t Dave. There is no Democracy without Truth and Justice. It is just that simple.

Thats all for now fellas. I look forward to seeing you all in court someday or I will die trying to make it happen in an ethical fashion. It is just another one of those things I do that lawyers fail to appreciate. Ask your friends why that is if you don’t already know.

Veritas Vincit

David Raymond Amos
P.O. Box 234
Apohaqui, NB. E5P 3G2

 

 

 

 

NB Power's smart meters plan not so smart, 2 expert reviews find

$122M-plan is poorly thought out, should be rejected by EUB, separately commissioned reports conclude

"As currently proposed, the AMI [advanced metering infrastructure] project could commit NB Power and its customers to a heavy cost burden without fully defining and quantifying the future benefits to be gained," wrote Edmund Finamore, a smart meter consultant from Pennsylvania commissioned by public intervener Heather Black to scrutinize the plan.

"It is not clear that NB Power has implemented sufficient project management controls methods to execute a firm plan, achieve firm project milestones and control project costs."

A second review of the proposal by a Boston-area energy consultant hired separately by the Energy and Utilities Board also found significant flaws.

"NB Power has significantly understated the costs and overstated the benefits of its AMI proposal," says the analysis by a group of five authors working for Synapse Energy Economics out of Cambridge, Mass.

"We recommend that the board reject the company's AMI proposal."

'Essential' to cleaner, more reliable grid

NB Power has been working toward upgrading its distribution system to a "smart grid" over the past six years and the wholesale installation of smart meters and other AMI to serve every customer has long been a centrepiece of the utility's plan.

Unlike current units that have to be physically visited to be read, smart meters will connect directly to NB Power computers, allowing individual customers to have electricity consumption tracked several times an hour instead of once a month.

The utility says this will allow it to charge a variety of rates for electricity — more when consumption is higher, such as in the mornings, on weekends and during winter — and less when consumption is lower.

That in turn will encourage consumers to shift demand to underutilized parts of the day, it says.

"We are going from reading a customer's meter once a month, so 12 times a year, up to 12 times an hour," former NB Power executive Neil Larlee said during testimony in front of the EUB last February.

The meters will also allow customers to sell electricity back to NB Power if they install solar or other power generating capability on their property and will give the utility instant information on outages, including the individual homes affected.

"This communication network along with the AMI meters is essential to a building smarter, cleaner, more reliable and efficient power grid and will lay the foundation for many of the long-term customer benefits that NB Power will deliver through its Energy Smart NB plan," said the utility in its application to the EUB to acquire the units.

Cost outweighs savings

But even NB Power acknowledges the cost of buying, installing and operating 355,000 new smart meters to blanket the province in a three-year rollout is high without enough savings to completely pay for it.

The utility has detailed 15 ways the new meters will cut expenses but the combined benefits total just $121.4 million  That's $1.3 million less than the program is budgeted to cost.

Spending so much money on an initiative that is not essential and not cost effective is unwise.
- Synapse report

Both Finnamore and Synapse Energy disputed the value of several of the claimed savings as inflated and Synapse further argued since NB Power's own numbers show the investment in smart meters will cost money in the long run the case is too weak to proceed.

"The company's own analysis suggests that the proposal is not cost effective and that analysis suffers from some fundamental flaws," concluded the Synapse report.

"Spending so much money on an initiative that is not essential and not cost effective is unwise."

Proposal needs refining

Both consultants suggested if properly handled, the introduction of smart meters could benefit both NB Power and its customers, but each separately concluded the utility's plan lacks detail and a convincing rationale. 

Both called for the application to be denied so the utility can offer a more refined proposal.

NB Power is facing a 12-day hearing in front of the Energy and Utilities Board beginning Feb. 8. 

In addition to seeking permission to invest in smart meters, it is also attempting to win approval for an average two per cent rate increase it has proposed for April 1 and is asking for the flexibility to employ special rate increases when large unexpected weather or market events cause its costs to jump unexpectedly.

ABOUT THE AUTHOR


Robert Jones

Reporter

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.

 

 

 

https://www.cbc.ca/news/canada/new-brunswick/nb-power-seasonal-rates-meters-1.4142118 

 

Seasonal power rates could cause consumer backlash, says consultant

NB Power needs new meter system before charging different seasonal prices, says report

A consultant hired by NB Power is warning of significant consumer "backlash" if the utility is made to establish seasonal rates for electricity.

The consultant's report even suggests customers might have to read their own power meters at midnight twice a year — on April Fool's and Halloween — to make the system work.

"Virtually all bills will have errors ... billing disputes can be expected to increase, possibly dramatically, and there will be no means of resolving disputes in a satisfactory way," reads a report by Elenchus Research Associates that was commissioned by NB Power and filed with the Energy and Utilities Board on Thursday.

NB Power is in the middle of a year-long "rate design" review ordered by the EUB that is focused in part on whether the utility should charge lower prices for electricity in the summer and higher prices in the winter to better reflect the actual cost of serving customers.

New network of meters needed

Elenchus was asked to study how that might work but the company is arguing against any switch until NB Power upgrades its entire network of power meters.

Elenchus said seasonal rates require an accurate reading of every customer's power meter at midnight on March 31 and again on Oct. 31, the dates when power rates would switch between winter and summer prices.

     A consultant's report says NB Power doesn't have the manpower to properly read meters if it brings in seasonal rates. (CBC)

But NB Power does not have the sophisticated infrastructure in place to read meters remotely, or the manpower to visit every customer location on the same day, so Elenchus said the utility would have to guesstimate bills or rely on the technical savvy and honesty of customers themselves.

"Customers could be asked to read their own meters late in the day on March 31 (and October 31)," suggested the report. "Aside from the obvious inconvenience and impracticality of that approach, NB Power would have no means of verifying the customers' meter reads."

Residential customers would see hike

Another looming controversy with seasonal rates is that it would raise costs for residential customers, especially to those who heat with electricity.

Elenchus estimated seasonal rates would add nearly $6 million to the cost of residential bills overall, with the largest increases flowing to those with baseboard heat.

Electric heat customers consume the majority of their power during the five months that would have the highest prices and Elenchus said that is another reason to wait for better power meters before proceeding.

  NB Power has an ambitious plan to bring in a new meter system, and the consultant's report recommends waiting for that to happen before switching to seasonal rates. (Google Street View)

NB Power has an ambitious plan to upgrade meters and related infrastructure as part of its transformation to a "smart grid," but it is a multi-year plan.

Once in place the utility would be able to read meters remotely hour to hour, allowing power rates to be adjusted for times of the day and days of the week as well as seasonally.

Consumers will also have in-home pricing and consumption displays to help them manage their bills.

Elenchus said waiting for those meters will give electric heat customers a chance to avoid higher seasonal costs by letting them shift power consumption to lower-priced parts of the day.

"The introduction of seasonal rates would be more acceptable once AMI (advanced metering infrastructure) has been deployed," concludes the report.

A final hearing on NB Power's rate design, where seasonal rates and other changes will be considered, is scheduled for next April.

CBC's Journalistic Standards and Practices
 
 
 
 

NB Power investigates building 2nd hydro station at Grand Falls

Studies and site testing will be conducted along with consultations

NB Power has started exploring whether to build a 100-megawatt generating station in Grand Falls to produce more clean energy. 

The corporation says it will do environmental and geotechnical studies and site testing and consult with First Nations and local residents before applying for an environmental impact assessment later this year.

The project is in the early stages and will require study, fieldwork, engineering and environmental approvals prior to going ahead, Gaëtan Thomas, NB Power president and chief executive officer, said in a news release Friday.

"If feasible, it would be an important source of clean energy to our fleet and, we believe, would provide NB Power with even greater capability to provide generation for our customers inside the province and possibly in the New England market," Thomas said.

If approved, the station would require several new structures, including a second tunnel.

Grand Falls already has a 66-megawatt generating station.

Premier Brian Gallant said in a statement the province is pleased NB Power is exploring clean energy options, and another Grand Falls station would be good for the economy,.

"We will work with the people of the region as the project moves through the appropriate phases," he said.

Long-term commitments 

A second unit at Grand Falls has the potential to help NB Power meet its long-term clean energy requirements.

By 2020, 40 per cent of the utility's in-province electricity sales must come from renewable sources.

Green Party Leader David Coon is glad NB Power is looking into a second generating station at Grand Falls but wants the power to stay in the province. (Legislative Assembly of New Brunswick)

Green Party Leader David Coon welcomed the news NB Power was exploring the Grand Falls option.

"We need to be doing a lot more to reach ultimately 100 per cent renewable power in New Brunswick and this is an obvious one waiting in the wings for a long time."

Coon's said this is the type of project that could reduce the province's use of coal at Belledune.

"The purpose of doing this is its got to contribute to expanding the use of renewables to produce power for New Brunswickers enabling us to reduce the use of coal at Belledune. We've got to phase out Belledune."

Coon, however, did express reservations with the potential plan to export the additional generated power.

"We've got to get our carbon pollution down to targets," he said. "If they simply exported the electricity from the new addition at Grand Falls that would benefit us in no way."

The plan for the new generating station follows the steps outlined in the province's 2016 Climate Change Action Plan. 

The community renewable energy program allows NB Power to procure up to 80 megawatts of small-scale renewable energy from First Nations and local entities.

CBC's Journalistic Standards and Practices
 
 
 
 

NB Power's business model changes as customers try other energy sources

Utility official sees great numbers of customers switching to new technologies once prices drop

NB Power's days of producing and delivering electricity as it does now are numbered.

The utility's business model is already changing as customers start to produce their own power through rooftop solar panels, a Moncton conference heard Monday.

This means NB Power will sell less electricity, Mike Bourque, director of resource planning at NB Power, said between sessions at the event hosted by the New Brunswick Environmental Network.

The first day of the Smart Shift Summit focused on "realising opportunities" related to climate change. This comes less than a week after the federal Liberals released their second budget, allocating money for the clean technology sector.

Meanwhile, the New Brunswick government has yet to announce a promised "made in New Brunswick" carbon pricing scheme — a subject raised during an opportunities panel Bourque participated in on Monday morning.

Following that, he explained to CBC that NB Power's situation is similar to the one NBTel, as it was then known, faced in the 1980s and 1990s, with the advent of the internet. Suddenly, the company's customers had a new method of communicating across long distances.

Something similar is happening now in the electricity industry, as customers move to technologies such as solar panels and batteries.

"We need to figure out what that new business model will be for us in the future," Bourque said. "We'll continue to sell electricity as a commodity, but we'll need to attach a new business model to allow customers to build those new options."

The director said the new model will require NB Power to establish a new partnership with its customers and potentially strategic partnerships with private companies.

Not a 'quick fix'

Describing an evolving model, Bourque said he doesn't expect a quick change, but expects more people to adopt technologies over the next five years as they decrease in price.

"Once that will happen, we'll see very high penetration," Bourque said.

In New Brunswick, change is occurring very slowly, he said, and only a few NB Power customers are generating power using rooftop solar panels and operating on a net metering policy.

In the meantime, NB Power is starting to build smart grid infrastructure, as part of a 10-year partnership with Siemens. This will allow NB Power customers to plug their systems into a modernized public electricity grid.

Hearing from you

NB Power is asking customers for their input on its Integrated Resources Plan, a 25-year plan that considers the utility's current electricity system, how the system will change and how NB Power can respond to changes such as increasing loads and retiring assets.

"The discussion will be with [the] public, because it's a different conversation now that we're having with customers, because they will play a part in developing this new plan going forward, because they will actually provide new options available to NB Power, which will reduce the need for building a large generator in the future," Bourque said.

The utility will hold a public meeting on April 26 at a still-undecided place.

NB Power is also inviting its customers to fill out an online survey about their priorities and thoughts on where the utility should go.

CBC's Journalistic Standards and Practices

 

 https://www.cbc.ca/news/canada/new-brunswick/coal-nb-power-rates-belledune-shutdown-1.3860922

 

Belledune closure might not hurt ratepayers as much as previously thought

Ottawa's promised funding to help provinces move away from coal could lessen cost impact, NB Power says

The utility is suggesting that Ottawa's promise of funding to help provinces move away from burning coal could lessen the financial impact of a Belledune shutdown.

"Our previous comments about rate increases relating to an early coal phase-out were made without consideration of possible co-operation with the federal government," utility spokesperson Deborah Nobes said in an emailed statement.

"We are looking forward to the results of government-to-government talks on how a coal phase-out strategy could be implemented in New Brunswick. In light of this, it would be premature to speculate on any possible rate impacts before these negotiations take place."

Likely end for Belledune

Federal Environment Minister Catherine McKenna announced Monday morning that Ottawa will toughen regulations to eliminate the burning of coal to generate electricity by 2030.
 
Federal Environment Minister Catherine McKenna announced Monday that Ottawa will toughen regulations to eliminate the burning of coal to generate electricity by 2030 - a likely death knell for the Belledune Generating Station. (NB Power)

That would likely spell the end for Belledune, the Crown corporation's only remaining coal-burning facility. About 120 people work there.

Earlier this year, utility officials told a committee of MLAs that having to replace Belledune's capacity could translate into a 38-per-cent increase in electricity bills.

But McKenna told reporters Monday the federal government is working with provinces "to ensure that does not increase prices to ratepayers."

Federal climate plan soon

Asked whether Ottawa would help fund a refurbishment of Belledune, McKenna said there are "discussions about different options, certainly."

I want to make it clear that we've always said we want to make sure we protect the economy of the Belledune area.
- N.B. Environment Minister Serge Rousselle

She said the federal climate plan to be announced in December will include "investments in particular provinces" through the Low Carbon Economy Fund, the Green Infrastructure Fund and other federal initiatives.

"We look forward to finding opportunities to announce local solutions which will benefit the environment, bring new investments to New Brunswick and create and maintain jobs both in communities economically impacted by accelerated emission reductions and throughout New Brunswick."

McKenna also said the federal rules will allow for "equivalence," a reference to letting provinces keep burning some coal if they can lower emissions elsewhere by the same amount.

Coon wants switch to bio-energy

Provincial Environment Minister Serge Rousselle said he welcomed that statement. "There's flexible answers that can be found," he said, refusing to say whether Belledune would close or stop burning coal.

"I want to make it clear that we've always said we want to make sure we protect the economy of the Belledune area," he added. "And in that regard, we are working with the federal [government] to find acceptable solutions."
 
Green Party Leader David Coon says bio-energy is the best option for Belledune. (CBC)

Green Party Leader David Coon says he's hoping the Gallant government "has negotiated hard and tough and we're going to see some substantial money coming to northern New Brunswick" to convert Belledune to create bio-energy.

Coon says bio-energy is the best option for Belledune, even if it wouldn't replace all of the generating capacity of coal. But he also said it's less expensive than other renewable sources such as solar and wind power.

4 provinces burn coal

He says a Belledune retrofit would also give the province a chance to develop an entire bio-fuel industry in northern New Brunswick.

New Brunswick is one of four provinces that still burns coal to generate electricity. The others are Alberta, Saskatchewan and Nova Scotia.

A recent climate change report by an all-party committee of MLAs recommended the government ban the use of all fossil fuels to generate electricity by 2030. That would include not just coal but also natural gas.

NB Power's last integrated resource plan, released in 2014, says Belledune should be able to operate until 2044, when existing federal regulations would preclude an extension.

Decision needed on Mactaquac

The possible impact on rates would come from NB Power having to build new generation to make up for lost capacity. Some other generating stations are supposed to start closing in 2026, and demand for electricity will exceed NB Power's generating capacity by 2031.

The province must also decide by the end of this year whether to refurbish the Mactaquac hydroelectric dam, an emissions-free way of generating electricity. 

"I will not get into that kind of detail right now," Rousselle said.

 
 
33 Comments
 
 
Brad Little
Oh, good. It "might not hurt rate payers as much as previously thought"...I bet a stick in the eye probably wouldn't hurt as much as I think, but I still don't want one!  
 
 
 
Paul Bolton
Odd, the province exports power to the US, yet can't meet it's own needs without increasing prices by thirty percent. Belledune should never have been built in the first place, but politics made it possible, and now politics would like to keep it with some silly carbon trade off scheme. Just shut it down, rebuild Mactaquac and lets end the farce.
 
 
Fred Brewer
Reply to Paul Bolton
You are right. Belledune should never have been built, but neither should Coleson Cove or Pt. Lepreau. Coleson Cove should not have been refit and neither should Pt Lepreau. Net result has cost NB billions upon billions of dollars. The real solution is for NBP to get out of the power generation business and focus on transmission and distribution. 

 

https://www.cbc.ca/news/canada/new-brunswick/mactaquac-dam-nbpower-options-update-1.3569696 

 

NB Power opens door to extending Mactaquac life beyond 2030

New technology reveals better structural integrity in dam's concrete than previously understood

The Crown corporation has been examining its options for Mactaquac with the expectation it would reach its end of life prematurely in 2030 due to expansion in its concrete structures.

The three end-of-life options under review are to build a new generating station on the opposite site of the St. John River, leave the dam in place without power generation, or remove the dam and generation station and allow the river to return to its natural state.

In an update released Friday, NB Power is now giving greater consideration to a fourth option — to extend the life of the existing generation station beyond 2030 through removing and replacing concrete and equipment in the existing structure.

"In recent months, technology has allowed for more detailed modelling of actual and potential impacts of the concrete expansion at Mactaquac, revealing better structural integrity than was previously understood," said NB Power in a statement.

We've yet to decide whether or not that's the right thing to do.
- George Porter, NB Power's Mactaquac project director

"This improved understanding has provided NB Power with greater confidence in the potential for alternative approaches to allow Mactaquac to generate electricity beyond 2030, perhaps even to its original 100-year service life."

Two alternate approaches

The Mactaquac dam opened in 1968 with an expected service life of 100 years. However, an alkali aggregate chemical reaction in the dam's concrete has been causing the dam to expand over the years, resulting in the expected end of life in 2030.

Two alternate approaches are under review in the fourth option for the dam:

  • Remove and replace the concrete in the most affected parts of the generating station and replace or repair certain mechanical and electrical equipment.
  • Stabilize and replace some concrete in the most affected parts of the generating station, replace or repair certain mechanical and electrical equipment, and periodically change the position of the equipment.

NB Power said some of the the mechanical and electrical equipment involved in those approaches would have been due for replacement due to age and wear.

George Porter is NB Power's project director on the Mactaquac project. (Catherine Harrop/CBC)

"We've yet to decide whether or not that's the right thing to do," said George Porter, NB Power's Mactaquac project director in an interview. "We have gathered additional technical information that gives us the confidence that it's something that should be explored in more detail.

The costs of removing the dam, replacing it with a new dam and generating station, or maintaining the headpond but without power generation are estimated to range between $2 billion and $5 billion.

Porter could not give a cost estimate for the fourth option.

"I don't have a number right at hand. We're still working at refining the numbers on all the options," he said.

Porter said the fourth option would have a shorter lifespan and lower cost than building a new generating station and dam that would be expected to operate for 100 years.

"We're really still in pre-project phase where we haven't selected the specific project yet," said Porter.

NB Power has scheduled three public meetings for this month for presentations and "community conversation" about the future of the station. Those sessions are scheduled for:

  • May 17, Crowne Plaza in Fredericton, 6 p.m.-9 p.m.
  • May 18, Riverside Resort at Mactaquac, 6 p.m.-9 p.m.
  • May 19, Best Western in Woodstock, 6 p.m.-9 p.m.

 

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