Thursday, 6 July 2023

Clean fuel charges in New Brunswick will be double those in N.S., N.L.

 

Automatic reply: YO Teddy Why doesn't Mr Jones consider Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541 newsworthy?

Carr, Jeff (LEG)

<Jeff.Carr@gnb.ca>
Thu, Jul 6, 2023 at 11:30 AM
To: David Amos <david.raymond.amos333@gmail.com>


Thank you for your email. Your thoughts, comments and input are greatly valued. You can be assured that all emails are carefully read, reviewed and taken into consideration.

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John Furey

<JohnFurey@fureylegal.com>
Fri, Jul 7, 2023 at 2:23 AM
To: David Amos <david.raymond.amos333@gmail.com>

I am away from my office until Monday, July 10, 2023, and will have limited access to email. If your matter requires immediate attention, please contact me directly at 506-444-1328.

Gilles Volpé

<Gilles.Volpe@libertyutilities.com>
Fri, Jul 7, 2023 at 2:23 AM
To: David Amos <david.raymond.amos333@gmail.com>


Hi: Thx for your message.  I am currently out of the office on vacation returning on Tuesday July 11.   I will be checking messages periodically.

 

Thx,

Gilles

 

Bonjour:  Je suis en dehors du bureau jusqu'au mardi 11 juillet.   Je vais vérifier mes messages périodiquement. 

Merci,
Gilles

This message and any attachments contain confidential information and are solely for the intended recipient. If you are not the intended recipient, any dissemination, review, disclosure, forwarding, distribution, copying or reliance on the contents of this message is strictly prohibited. Please notify the sender immediately by email if you have received this message in error and delete this message immediately from your system.
 
 
 
 
 
 

Clean fuel charges in New Brunswick will be double those in N.S., N.L.

On Friday, 8 cents will be added to prices in N.B., but only 4 cents elsewhere

Newfoundland and Labrador imposed the exact same charges in that province early Thursday morning. 

The amounts are half of what is expected to be an eight-cent charge in New Brunswick. 

Parties connected to the petroleum industry in Nova Scotia pushed for the province to follow New Brunswick's eight-cent plan, but the board found fault with that approach, according to David Roberts. 

"Nobody thought that the cost was really going to reach that amount," said Roberts, who is Nova Scotia's consumer advocate. 

A man in a baby blue shirt with white stripes and a dark magenta tie.David Roberts acts as consumer advocate at Nova Scotia's Utilities and Review Board. He argued against allowing oil companies to charge an extra eight cents to pay for federal clean-fuel standards, like in New Brunswick. The body settled on half that amount. (CBC)

He argued an eight-cent increase is well beyond expenses oil companies are likely to face and would punish drivers needlessly.

"There's not going to be any rebates going back to consumers if, as it turns out, they were paying four or five cents a litre more than the clean fuel regulations would have required to compensate suppliers," he said in an interview.

Campaign launched over cost

The New Brunswick government has been waging a major social media and advertising campaign to convince residents the upcoming eight-cent increase on gasoline and diesel is required. 

It claims the full amount is necessary to help oil companies pay for the high cost of federal clean fuel regulations that otherwise they would claw from the vulnerable retailers they supply. 

"New Brunswick has made amendments to how regulators set maximum prices because if this change was not made, small retailers in the province would have to absorb the additional cost of the federal government's clean fuel regulation," the province wrote in materials distributed last week that included rare, full front-page newspaper advertisements.

"Prices may go up by as much as eight cents per litre as a result of the clean fuel regulations." 

But Nova Scotia has decided four cents should be adequate, a ruling that will save consumers in that province about $1 million a week in clean fuel charges over what New Brunswick consumers will pay.

Clean fuel regulations took effect in Canada on July 1, but costs associated with them are to be included in formulas that set regulated prices in Nova Scotia and New Brunswick for the first time this Friday. 

The national regulations are meant to cut the "carbon intensity" of automotive fuels sold across the country.

A newspaper titled "Telegraph Journal" with a front page ad that says "The Government of New Brunswick is standing up for you | This July, the federal carbon tax and clean fuel regulations will impact you" The New Brunswick government took out a full two-page ad in the Telegraph-Journal last week to criticize federal carbon policies. The ads blame Ottawa entirely for the eight-cent fuel-price increase. (Robert Jones/CBC)

They are aimed at making refiners and importers of fuel lower the emission intensity of products they manufacture or resell by setting targets for those emissions and establishing financial rewards and penalties to reach them. 

The regulations do not apply to heating fuels or to petroleum products exported from Canada.

Companies can earn credits by changing practices

Refiners can comply with the new rules in different ways, including putting more ethanol in domestic gasoline, selling biodiesel products or finding ways to reduce their own refining emissions.

Companies that come in below the federal government's emissions intensity ceiling will earn credits they can sell on a market being set up for that purpose. Other producers can buy those credits if their fuels fall short.

It's also possible to earn credits through investments in things unrelated to refining, like electric-vehicle charging stations.

Oil companies have complained that making those changes will be costly and, in response, the New Brunswick and Nova Scotia governments each passed new rules to allow those costs to be passed to consumers. 

The New Brunswick Energy and Utilities Board and Nova Scotia's Utilities and Review Board each held its own hearing to determine what those costs might be, but ultimately reached different conclusions.

Both regulators hired Angie Brown, with the consulting company Grant Thornton, to report on what would be fair. 

She built a model around existing clean fuel rules and credit-trading markets operating in California and estimated, based on the California experience, it would take roughly eight cents per litre added to gasoline and diesel retail prices in both provinces to compensate refiners and importers. 

Brown was questioned about the relevance of using California data to estimate costs of the new Canadian policy, but she said there were few examples to go by. 

"I acknowledge this is an imperfect solution and relying on actual data would likely get you a better outcome," said Brown during her Nova Scotia testimony. 

However, she argued if oil companies were under-compensated for new costs, they could decide to stop supplying local markets.

"I think there are some pretty significant risks if you do take the wait-and-see approach," she said.

Too early to fix costs, consultant says

Brown's modelling and recommendations went largely uncontested in New Brunswick, but not in Nova Scotia.

The Nova Scotia board hired a second expert who argued that because no one knows yet how expensive the new clean fuel rules will be, it is too early to charge consumers for them.

Vijay Muralidharan, with Calgary's R Cube Economic Consulting Inc., agreed the new regulations will add costs to oil companies, but said regulators should wait at least a couple of months to get some data on how companies actually respond to the rules.

"Any cost projection at this point would be an estimation with a relatively high degree of potential error, said Muralidharan in his evidence.

A large oil or fuel tank is shown in front of an industrial facility. The Shell refinery, upgrader and petrochemical facility northeast of Edmonton has installed solar panels and signed wind energy contracts to cut down on the greenhouse gases it emits during manufacturing. It's the kind of change new federal clean-fuel standards are seeking to force on the petroleum industry. (Kyle Bakx/CBC)

"Therefore, we recommend that the Board wait and conduct a study with the primary suppliers of fuel, once the new Clean Fuel Standard has been initiated, to understand the realized impact on their business before amending the current regulatory framework."

Reasons for the decision have not yet been issued, but its ruling to add four cents of clean fuel costs falls halfway between Grant Thornton's eight-cent recommendation and R Cube's advice of no immediate increase.

Roberts said R Cube's involvement in the Nova Scotia hearing likely had an important influence on the outcome, that was missing in New Brunswick.

"The difference is that there were no alternate scenarios put to the New Brunswick board other than the one that was included in the Grant Thornton report," said Roberts.

"The New Brunswick board accepted the [Grant Thornton] recommendation. The Nova Scotia board did not." 

Newfoundland and Labrador regulators have not held a hearing on clean fuel costs yet but were instructed by the province to implement an interim charge and earlier Thursday selected Nova Scotia's amounts as its own.

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
 
 
 
605 Comments
 
 
 
David Amos 

This is news?

"The New Brunswick government has been waging a major social media and advertising campaign to convince residents the upcoming eight-cent increase on gasoline and diesel is required." 

 
David Amos  
Reply to David Amos  
Yet NB Power filing a legal action against the EUB is not?  
 
 
 
 
 
David Amos
Why doesn't Mr Jones consider the NB Power lawsuit against the EUB newsworthy? 



 
Don Corey
The newest federal clean fuel regulations obviously mean we can once again thank them for yet another fuel increase, BUT

- does it really amount to 8 cents/litre? I highly doubt it.

-why did the NB EUB approve this increase? No doubt because that was what Higgs wanted from them, and he pretty much controls it.

-why does any increase become effective before suppliers are even providing us with the cleaner fuel that we're supposed to be paying for? The provincial government argument doesn't convince me.

Seems like there's some skunks that need to get flushed out of the woodpile.

Mike Fowler
Reply to Don Corey
Why is nobody questioning why a provincial government is determining gas prices in the first place? It's textbook socialism - while people bicker over how much politicians decide you should pay for something. 
 
 
David Amos  

Reply to Don Corey 
Methinks everybody knows about me versus the beancounters by now N'esy Pas?
 
 
David Amos  

Reply to Don Corey 
A friend of mine in Georgia used get the rattle snakes out of his rock pile with gasoline He would never waste his corn squeezins on such a task 
 
 
 
 
 
 
Rick Grimes 
"On Friday, 8 cents will be added to prices in N.B., but only 4 cents elsewhere"

Sadly we all realize this 8 cents is just pathetic. It should be 100 cents. We all have to pull together, as Canadians, and do our fair part in reducing the global C2O pollutions that increase our climate temperatures. It's collective effort Canadians - all will have to chip in much more to stop the carbones.

 
John Pawluck 
Reply to Rick Grimes 
 Call Trudeau and tell him you want to pay more. I’ve never heard of a government denying anyone the right to send more money.  
 
 
gilles nicolas 
Reply to Rick Grimes  
If you are willing to increase your cost of living beyond what you can afford go ahead. I will not, while China and the US do not even have a carbon tax and they are the biggest generators of CO2 on the planet. If Canada did not generate one more milliliter of CO2 it would save 58 minutes of China's' output. 
 
 
Dennis Woodman 
Reply to Rick Grimes 
I guess you own an EV or no vehicle at all. Nice of you to think only of yourself. 
 

David Amos  

Reply to Rick Grimes
Why is it that I am not surprised to see that your comment has stood the test of time after mine went "Poof"?   

YO Teddy Why doesn't Mr Jones consider Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541 newsworthy?

Moore, Rob - M.P.

<Rob.Moore@parl.gc.ca>
Thu, Jul 6, 2023 at 11:30 AM
To: David Amos <david.raymond.amos333@gmail.com>

*This is an automated response*

 

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Newsroom

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Thu, Jul 6, 2023 at 11:31 AM
To: David Amos <david.raymond.amos333@gmail.com>

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David Amos

<david.raymond.amos333@gmail.com>
Thu, Jul 6, 2023 at 11:30 AM
To: "hugh.flemming" <hugh.flemming@gnb.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>, "andrea.anderson-mason" <andrea.anderson-mason@gnb.ca>, "jeff.carr" <jeff.carr@gnb.ca>, "John.Williamson" <John.Williamson@parl.gc.ca>, "rob.moore" <rob.moore@parl.gc.ca>, "Jack.Keir" <Jack.Keir@gnb.ca>, "jacques.j.leblanc" <jacques.j.leblanc@gnb.ca>, "jake.stewart" <jake.stewart@parl.gc.ca>, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>, "Arseneau, Kevin (LEG)" <kevin.a.arseneau@gnb.ca>, "robert.gauvin" <robert.gauvin@gnb.ca>, "robert.mckee" <robert.mckee@gnb.ca>, andre <andre@jafaust.com>
Cc: motomaniac333 <motomaniac333@gmail.com>, nouvelle@acadienouvelle.com, Frederic Cammarano <frederic.cammarano@radio-canada.ca>, Newsroom <Newsroom@globeandmail.com>


David Amos
Content Deactivated
Why doesn't Mr Jones consider the NB Power lawsuit against the EUB newsworthy?
 
 

Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541

 
 

Abigail J. Herrington

<Aherrington@lawsoncreamer.com>
Wed, Jul 5, 2023 at 2:52 PM
To: David Amos <david.raymond.amos333@gmail.com>

I am currently away from the office in hearings returning on July 12, 2023. As a result, my response to your email may be delayed. If you require urgent assistance, please contact Lauree Cole at 506-633-3503 or lcole@lawsoncreamer.com.

Sincerely,

Abigail

 


Brandy Gellner

<Brandy.Gellner@libertyutilities.com>
Wed, Jul 5, 2023 at 2:52 PM
To: David Amos <david.raymond.amos333@gmail.com>

I am currently out of the office. I will respond to your message when I return on July 6.

 

Thank you.

This message and any attachments contain confidential information and are solely for the intended recipient. If you are not the intended recipient, any dissemination, review, disclosure, forwarding, distribution, copying or reliance on the contents of this message is strictly prohibited. Please notify the sender immediately by email if you have received this message in error and delete this message immediately from your system.

 
---------- Forwarded message ----------

David Amos

<david.raymond.amos333@gmail.com>
Wed, Jul 5, 2023 at 2:51 PM
To: John Furey <JohnFurey@fureylegal.com>, "Holland, Mike (LEG)" <mike.holland@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>, "Mike.Comeau" <Mike.Comeau@gnb.ca>, "martin.gaudet" <martin.gaudet@fredericton.ca>, "Mark.Blakely" <Mark.Blakely@rcmp-grc.gc.ca>, crystal.critch@gnb.ca
Cc: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, "Aherrington@lawsoncreamer.com" <Aherrington@lawsoncreamer.com>, Melissa Curran <Melissa.Curran@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Michael.Dickie@nbeub.ca" <Michael.Dickie@nbeub.ca>, Veronique Otis <Veronique.Otis@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "Chiasson, Alain (OAG/CPG)" <Alain.Chiasson2@gnb.ca>, "Hoyt, Len" <len.hoyt@mcinnescooper.com>, "Glenn Zacher (gzacher@stikeman.com)" <GZacher@stikeman.com>, "rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com>, "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "daly@nbnet.nb.ca" <daly@nbnet.nb.ca>, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "Brandy.Gellner@libertyutilities.com" <Brandy.Gellner@libertyutilities.com>, "Gilles.volpe@libertyutilities.com" <Gilles.volpe@libertyutilities.com>, "dave.lavigne@libertyutilities.com" <dave.lavigne@libertyutilities.com>, "Waycott, Stephen" <SWaycott@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>



Court of Appeal File No.:    68-23-CA

IN THE COURT OF APPEAL OF NEW BRUNSWICK

UNDER SECTION 52(1) OF THE ENERGY AND UTILITIES BOARD ACT, SNB 2006,
c. E-9.18, AND RULE 69 OF THE RULES OF COURT, NB REG 82-73

BETWEEN:
NEW BRUNSWICK POWER CORPORATION,

APPLICANT,
                                - and –

NEW BRUNSWICK ENERGY AND UTILITIES BOARD,

RESPONDENT.

TO:             NEW BRUNSWICK COURT OF APPEAL
AND TO:         New Brunswick Power Corporation, Applicant

ACKNOWLEDGEMENT OF RECEIPT
I hereby acknowledge that on the        day of July, 2023, I received
the following documents:
a)      Notice of Application dated July 4, 2023, issued by the Court of
Appeal on July 5, 2023;

b)      Affidavit of Darren Murphy dated July 4, 2023, with Exhibits “A”
through “I” attached; and

c)      Correspondence from the Deputy Registrar of the Court of Appeal
dated July 5, 2023.

I am a Registered Party who is named at the top of the notice of
application why would I be required to seek status?


Veritas Vincit
David Raymond Amos
 
 
On 7/5/23, John Furey <JohnFurey@fureylegal.com> wrote:
 
 

John Furey

<JohnFurey@fureylegal.com>
AttachmentWed, Jul 5, 2023 at 1:03 PM
To: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, "Aherrington@lawsoncreamer.com" <Aherrington@lawsoncreamer.com>, Melissa Curran <Melissa.Curran@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Michael.Dickie@nbeub.ca" <Michael.Dickie@nbeub.ca>, Veronique Otis <Veronique.Otis@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "Chiasson, Alain (OAG/CPG)" <Alain.Chiasson2@gnb.ca>, "Hoyt, Len" <len.hoyt@mcinnescooper.com>, "Glenn Zacher (gzacher@stikeman.com)" <GZacher@stikeman.com>, "rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com>, "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "David.Raymond.Amos333@gmail.com" <David.Raymond.Amos333@gmail.com>, "daly@nbnet.nb.ca" <daly@nbnet.nb.ca>, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "Brandy.Gellner@libertyutilities.com" <Brandy.Gellner@libertyutilities.com>, "Gilles.volpe@libertyutilities.com" <Gilles.volpe@libertyutilities.com>, "dave.lavigne@libertyutilities.com" <dave.lavigne@libertyutilities.com>
Cc: "Waycott, Stephen" <SWaycott@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>

Dear Ms. Mitchell, Counsel and Registered Parties,

 

Please find attached the following documentation:

 

  1. Court Stamped copy of a Notice of Application dated July 4, 2023 (issued by the Registrar of the Court of Appeal on July 5, 2023);
  2. Court Stamped copy of the Affidavit of Darren Murphy dated July 4, 2023;
  3. Copy of correspondence dated July 5, 2023 from the Deputy Registrar of the Court of Appeal confirming the hearing date of October 19, 2023 and the dates for filing of further documentation; and
  4. An Acknowledgement of Receipt (in both Word and pdf format).

 

I am providing this documentation to the Board, Board staff, counsel for those parties who had retained counsel, and those parties who have not previously retained counsel.  I recognise that counsel for J.D. Irving Ltd. And Utilities Municipal have changed since the hearing of this matter, and will reach out to those counsel directly.

 

May I ask that each registered party execute and return to me the Acknowledgement of Receipt that has been enclosed.  The form has been adapted to permit execution by counsel, an authorized representative, or the party themselves where they are individuals who have intervened without counsel. 

 

NB Power has not automatically added Registered Interveners in Matter 541 as parties to this Application.  The practice in these matters is not to do so, and to require such interested persons to apply to the Court of Appeal for status as an intervener in this proceeding.  NB Power will not object to any such motion for status which is brought to the Court.

 

If you have any questions, please do not hesitate to reach out to me.

 

Regards,

 

John

 

John G. Furey

Barrister & Solicitor

John G. Furey Professional Corporation

265 Berkley Drive

New Maryland, NB

E3C 1B9

Email: JohnFurey@fureylegal.com

Phone: 506-444-1328

Fax:      506-300-2076

 


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Notice of Application (Stamped Copy - July 5 2023).pdf
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Affidavit of Darren Murphy dated July 4 2023 (Stamped Copy).pdf
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Correspondence Registrar's Office-Hearing Date.pdf
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Acknowledgement of Receipt.pdf
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