https://www.nbpower.com/en/about-us/news-media-centre/news/2023/nb-power-chair-steps-down/
NB Power Chair Steps Down
2023-03-23
The New Brunswick Power Corporation Board of Directors today announced that Charles (Chuck) Firlotte is stepping down from his role as Board Chair. Vice Chair Andrew MacGillivray will serve as the Chair.
“It has been an honour to serve on the NB Power Board for the past nine years, including the last three years as Board Chair,” says Firlotte. “With the appointment of Lori Clark, the first female President and CEO in the century-plus history of NB Power, the development of a strategic plan now ready for implementation, and a cost optimization review now complete, I depart with every confidence NB Power is on the right path toward a promising future. The Board is in great hands with Andrew MacGillivray, and I would like to thank Premier Higgs and Minister Holland for the opportunity to serve my province."
Andrew MacGillivray has been a member of the NB Power Board since April 2015 and has served as Vice Chair for the past six years. Mr. MacGillivray is the retired President and CEO of Gay Lea Foods, a large Canadian dairy co-operative. He serves as the Chair of the Moosehead and Crosby Advisory Boards. He is actively engaged in advising and supporting local businesses and community programs.
“On behalf of the Board of Directors, I would like to thank Chuck for his service to NB Power and the province of New Brunswick,” says MacGillivray. “I look forward to working with the Board and management to continue the work advanced under Chuck’s leadership.”
NB Power is the primary electric utility in New Brunswick. It provides reliable and safe energy that powers the homes, businesses and communities of more than 400,000 direct and indirect customers every day.
September 28, 2023
New Brunswick Energy and Utilities Board
P.O. Box 5001
15 Market Square, Suite 1400
Saint John, NB
E2L 4Y9
Attention: Ms. Kathleen Mitchell,
Executive Director, Administration and Chief Clerk
Re: NB Power General Rate Application
Dear Ms. Mitchell:
As the Board is aware, the filing date for NB Power’s next required General Rate Application
(“GRA”) is October 4, 2023.
The Board is also aware that, for some time, NB Power’s requests for approval of rates have
been based on achieving the objective of 20% equity in its capital structure. Most recently, in
Matter 541, the basis of the request was specific to attaining that goal by March 31, 2027, as
directed by the Mandate Letter dated February 14, 2022.
This is to advise the Board that, on September 27, 2023, NB Power received a Directive from
the Executive Council, under the provisions of section 69 of the Electricity Act, altering the date
by which NB Power is directed to achieve the equity goal. Specifically, NB Power is directed as
follows:
1. To make plans to achieve the equity target of 20% by March 31, 2029, through a
combination of cost minimization and other appropriate mechanisms that will, consistent
with the achievement of that target, maintain rates as low as practicable; and
2. To incorporate the directive to achieve the target by March 31, 2029 into its forecast
operating budgets, capital expenditures and rate forecasts for each of the 2024/25
through 2026/27 fiscal years, being the three fiscal years of the next required Three Year
Plan.
I attach a copy of the Directive for your reference.
Section 69 of the Electricity Act requires NB Power’s Board of Directors to take this updated
Directive into consideration. NB Power’s management has been instructed by the Chairman of
the Board of Directors to prepare and present updated plans and related forecasts for the
consideration of the Board of Directors.
This has obvious implications for the filing of NB Power’s GRA. Only upon receipt of further
instruction from the Board of Directors will NB Power’s management be able to finalize the GRA
and the Three Year Plan. NB Power has not yet had the opportunity to assess the time required
to engage in the process of updating the forecasts for consideration by the Board of Directors,
and preparing the GRA and Three Year Plan based on further instruction from that Board.
and preparing the GRA and Three Year Plan based on further instruction from that Board.
Based on this, I wanted to advise the Board as quickly as possible that NB Power will not be in
a position to file the GRA by October 4, 2023. NB Power will advise the Board as soon as it has
a reasonable estimate of the date it will be able to do so.
I trust this is satisfactory to the Board. Please advise if you require anything further from NB
Power.
Kindest Regards,
Darren Murphy
YO Mikey Holland I just called Say Hey Mr Furey and Mr Petrie for me will ya?
Mitton, Megan (LEG)<Megan.Mitton@gnb.ca> | Tue, Mar 14, 2023 at 5:09 PM |
| To: David Amos <david.raymond.amos333@gmail.com> | |
(le français suit)
This brief message is to let you know that your email has been received by the office of MLA Megan Mitton. Please feel free to email my Constituency Coordinator, Laura King, at: laura.king@gnb.ca. If this is an urgent matter, please call my Constituency office: (506) 378-1565 or the Fredericton office: (506) 457-6842.
- - -
Ce bref message a pour
but de vous informer que votre courriel a été reçu par le bureau de la
députée Megan Mitton. N'hésitez pas à envoyer un courriel à ma
coordinatrice
de circonscription, Laura King, à l'adresse suivante : laura.king@gnb.ca. S'il
s'agit d'une question urgente, veuillez appeler mon bureau de
circonscription : (506) 378-1565 ou le bureau de Fredericton : (506)
457-6842.
Pour les demandes de renseignements des médias, veuillez communiquer avec le (506) 429-2285.
Megan Mitton (elle / she, her) MLA for Memramcook-Tantramar | Advocate and Critic on files including Health, Housing, Climate Change, and Human Rights. Le Nouveau-Brunswick est situé sur les territoires traditionnels, non cédés des Mi’kmaq, Wolastoqiyik & Peskotomuhkati. | New Brunswick is situated on the unceded traditional territories of the Mi’kmaq, Wolastoqiyik & Peskotomuhkati.
| |
David Amos<david.raymond.amos333@gmail.com> | Tue, Mar 14, 2023 at 5:07 PM | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| To: Mike.Holland@gnb.ca, NBPRegulatory@nbpower.com, "ceo@fermenbfarm.ca" <ceo@fermenbfarm.ca>, "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "Ron.marcolin@cme-mec.ca" <Ron.marcolin@cme-mec.ca>, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "nrubin@stewartmckelvey.com" <nrubin@stewartmckelvey.com>, "coneil@stewartmckelvey.com" <coneil@stewartmckelvey.com>, "lmclements@stewartmckelvey.com" <lmclements@stewartmckelvey.com>, "pbowman@bowmaneconomics.ca" <pbowman@bowmaneconomics.ca>, "brudderham@stewartmckelvey.com" <brudderham@stewartmckelvey.com>, "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>, "Petrie, Jamie" <JPetrie@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>, "Waycott, Stephen" <SWaycott@nbpower.com>, "Porter, George" <George.Porter@nbpower.com>, "Crawford, Brad" <BCrawford@nbpower.com>, Veronique Otis <Veronique.Otis@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com" <Aherrington@lawsoncreamer.com>, "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "bhavumaki@synapse-energy.com" <bhavumaki@synapse-energy.com>, "mwhited@synapse-energy.com" <mwhited@synapse-energy.com>, "prhodes@synapse-energy.com" <prhodes@synapse-energy.com>, "alawton@synapse-energy.com" <alawton@synapse-energy.com>, "jwilson@resourceinsight.com" <jwilson@resourceinsight.com>, "pchernick@resourceinsight.com" <pchernick@resourceinsight.com>, Melissa Curran <Melissa.Curran@nbeub.ca>, "richard.williams@gnb.ca" <richard.williams@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>, "tammy.grieve@mcinnescooper.com" <tammy.grieve@mcinnescooper.com>, "paul.black@twinriverspaper.com" <paul.black@twinriverspaper.com>, "Hoyt, Len" <len.hoyt@mcinnescooper.com>, "tyler.rajeski@twinriverspaper.com" <tyler.rajeski@twinriverspaper.com>, "darcy.ouellette@twinriverspaper.com" <darcy.ouellette@twinriverspaper.com>, "dan.murphy@umnb.ca" <dan.murphy@umnb.ca>, "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com" <shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>, "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>, "ryan.mitchell@sjenergy.com" <ryan.mitchell@sjenergy.com>, "sstoll@stollprofcorp.com" <sstoll@stollprofcorp.com>, "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>, "ablair@elenchus.ca" <ablair@elenchus.ca>, "brchapman@caenergy.com" <brchapman@caenergy.com>, "McKay, Pam" <PMcKay@nbpower.com>, Dan Dionne <dan@vilsv.ca>, "Roy, Pierre" <pierre.roy@edmundston.ca>, "Gibson, Kevin" <KevGibson@nbpower.com>, HO CR - HO 4 Board Room <hocrho4boardroom@nbpower.com>, "Murray, Carol" <CaMurray@nbpower.com>, "Goddard, Rosmary" <RGoddard@nbpower.com>, "Stevenson, Veronique Janie" <VStevenson@nbpower.com>, "Meng, Ryan John" <RMeng@nbpower.com>, "Murray, Leanne" <LMurray@nbpower.com> | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Cc: motomaniac333 <motomaniac333@gmail.com>, "blaine.higgs" <blaine.higgs@gnb.ca>, "Rene.Legacy" <Rene.Legacy@gnb.ca>, David.Coon@gnb.ca, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>, "Arseneau, Kevin (LEG)" <kevin.a.arseneau@gnb.ca>, "Dominic.Cardy" <Dominic.Cardy@gnb.ca>, "John.Williamson" <John.Williamson@parl.gc.ca>, "Mike.Comeau" <Mike.Comeau@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>, "robert.gauvin" <robert.gauvin@gnb.ca>, "robert.mckee" <robert.mckee@gnb.ca>, "Clark, Lori" <lclark@nbpower.com>, cvfirlotte@gmail.com | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
---------- Forwarded message ---------- From: David Amos <david.raymond.amos333@gmail. Date: Tue, 14 Mar 2023 14:15:28 -0300 Subject: Re: Detailed Agenda - Technical Conference for Matter 529, NB Power Rate Design Who Is Mr FUREY to mute me? To: NB Power Rate Design <NBPowerRateDesign@nbpower.com Cc: "ceo@fermenbfarm.ca" <ceo@fermenbfarm.ca>, "louis-philippe.gauthier@cfib. "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "Ron.marcolin@cme-mec.ca" <Ron.marcolin@cme-mec.ca>, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "nrubin@stewartmckelvey.com" <nrubin@stewartmckelvey.com>, "coneil@stewartmckelvey.com" <coneil@stewartmckelvey.com>, "lmclements@stewartmckelvey. "pbowman@bowmaneconomics.ca" <pbowman@bowmaneconomics.ca>, "brudderham@stewartmckelvey. "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>, "Petrie, Jamie" <JPetrie@nbpower.com>, NBP Regulatory <NBPRegulatory@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>, "Waycott, Stephen" <SWaycott@nbpower.com>, "Porter, George" <George.Porter@nbpower.com>, "Crawford, Brad" <BCrawford@nbpower.com>, Veronique Otis <Veronique.Otis@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "bhavumaki@synapse-energy.com" <bhavumaki@synapse-energy.com> "mwhited@synapse-energy.com" <mwhited@synapse-energy.com>, "prhodes@synapse-energy.com" <prhodes@synapse-energy.com>, "alawton@synapse-energy.com" <alawton@synapse-energy.com>, "jwilson@resourceinsight.com" <jwilson@resourceinsight.com>, "pchernick@resourceinsight.com Melissa Curran <Melissa.Curran@nbeub.ca>, "richard.williams@gnb.ca" <richard.williams@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>, "tammy.grieve@mcinnescooper. "paul.black@twinriverspaper. "Hoyt, Len" <len.hoyt@mcinnescooper.com>, "tyler.rajeski@ <tyler.rajeski@ "darcy.ouellette@ <darcy.ouellette@ <dan.murphy@umnb.ca>, "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com" <shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com> <pierreroy@edmundston.ca>, "ryan.mitchell@sjenergy.com" <ryan.mitchell@sjenergy.com>, "sstoll@stollprofcorp.com" <sstoll@stollprofcorp.com>, "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>, "ablair@elenchus.ca" <ablair@elenchus.ca>, "brchapman@caenergy.com" <brchapman@caenergy.com>, "McKay, Pam" <PMcKay@nbpower.com>, Dan Dionne <dan@vilsv.ca>, "Roy, Pierre" <pierre.roy@edmundston.ca>, "Gibson, Kevin" <KevGibson@nbpower.com>, HO CR - HO 4 Board Room <hocrho4boardroom@nbpower.com> Carol" <CaMurray@nbpower.com>, "Goddard, Rosmary" <RGoddard@nbpower.com>, "Stevenson, Veronique Janie" <VStevenson@nbpower.com>, "Meng, Ryan John" <RMeng@nbpower.com>, "Murray, Leanne" <LMurray@nbpower.com> On 3/13/23, David Amos <david.raymond.amos333@gmail. > Microsoft Teams meeting > > Join on your computer, mobile app or room device > > Click here to join the meeting > > Meeting ID: 275 828 347 546 > Passcode: m4GZeq > > Download Teams | Join on the web > > Or call in (audio only) > > +1 506-406-8124,,386169888# Canada, Fredericton > > Phone Conference ID: 386 169 888# > > Find a local number | Reset PIN > > On 3/13/23, NB Power Rate Design <NBPowerRateDesign@nbpower.com >> Technical Conference for Matter 529, NB Power Rate Design >> Tuesday, March 14, 2023 >> Time 9:30 AM to 4:30 PM Atlantic time >> >> NB Power is hosting a virtual Technical Conference for Matter 529, NB >> Power >> Rate Design, in accordance with the approved Filing Schedule in this >> matter. >> >> The Detailed Agenda is as follows: >> >> 1. Introductory comments >> * Applicant >> * Board staff >> 2. Topics as requested: >> * Proposed customer classes >> * Sensitivity of NB Power’s proposed classes to class cost >> allocations >> * Transitioning to new classes >> 3. New topics (time permitting) >> 4. Wrap-up >> >> NB Power Rate Design >> >> >> >> ______________________________ >> 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. >> > Deja Vu Anyone??? Methins everybody but the mindless lawyer Mr Furey knows why I called Chuck Firlotte again N'esy Pas Higgy??
---------- Original message ---------- From: David Amos <david.raymond.amos333@gmail. Date: Tue, 5 Jul 2022 15:51:58 -0300 Subject: Methins everybody but the mindless lawyer Mr Furey knows why I called Chuck Firlotte again N'esy Pas Higgy?? To: David Amos <motomaniac333@gmail.com>, cvfirlotte@gmail.com, premier <premier@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, "Holland, Mike (LEG)" <mike.holland@gnb.ca>, dan.murphy@umnb.ca, info@umnb.ca, pm <pm@pm.gc.ca>, "Katie.Telford" <Katie.Telford@pmo-cpm.gc.ca> Cc: NBP Regulatory <NBPRegulatory@nbpower.com>, "Mike.Comeau" <Mike.Comeau@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>, "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, "louis-philippe.gauthier@cfib. "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "david.russell@gnb.ca" <david.russell@gnb.ca>, "Gilles.volpe@ <Gilles.volpe@ <Paul.Volpe@libertyutilities. <dave.lavigne@ <len.hoyt@mcinnescooper.com>, "Callaghan, Jeffery" <jeffery.callaghan@ <rzarumba@ceadvisors.com>, "gerald@kissnb.com" <gerald@kissnb.com>, "cstewart@stewartmckelvey.com" <cstewart@stewartmckelvey.com> "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "lcozzarini@nbpower.com" <lcozzarini@nbpower.com>, "srussell@nbpower.com" <srussell@nbpower.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "bcrawford@nbpower.com" <bcrawford@nbpower.com>, "George.Porter@nbpower.com" <George.Porter@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Lawton, John" <John.Lawton@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Ahmad.Faruqui@brattle.com" <Ahmad.Faruqui@brattle.com>, "Cecile.Bourbonnais@brattle. "heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>, "sussexsharingclub@nb.aibn.com "margot.cragg@umnb.ca" <margot.cragg@umnb.ca>, "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com> "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>, "ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>, "sstoll@airdberlis.com" <sstoll@airdberlis.com>, "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>, "leducjr@nb.sympatico.ca" <leducjr@nb.sympatico.ca>, Katherine McBrearty <Katherine.McBrearty@nbeub.ca> <lizkramer@hotmail.com>, "Ian.Shugart" <Ian.Shugart@pco-bcp.gc.ca>, "Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>, "barbara.massey" <barbara.massey@rcmp-grc.gc.ca kcronkhite@nbpower.com, "Petrie, Jamie" <JPetrie@nbpower.com>, "wharrison@nbpower.com" <wharrison@nbpower.com>, SLagace@nbpower.com, Newsroom <Newsroom@globeandmail.com>, Nathalie Sturgeon <sturgeon.nathalie@ <steve.murphy@ctv.ca>, "Robert. Jones" <Robert.Jones@cbc.ca> https://davidraymondamos3. Saturday, 2 July 2022 Energy affordability, not availability, ought to be the priority of Atlantic Canada's premiers https://www.cbc.ca/news/ N.B. Power CEO fired as utility embarks on 'transformational change' Board of directors made decision to fire CEO Keith Cronkhite 2 years after he started in role Aidan Cox · CBC News · Posted: Jul 04, 2022 6:25 PM AT https://davidraymondamos3. Saturday, 2 July 2022 Atlantic premiers say decision needed soon from Ottawa on regional energy corridor ---------- Original message ---------- From: Margot Cragg <margot.cragg@umnb.ca> Date: Tue, 28 Jun 2022 13:54:13 -0700 Subject: Auto-reply/Réponse automatique Re: NB Power - 2022 Rate Design Application What about Mon Ami??? To: david.raymond.amos333@gmail. Thank you for your email. My last day at UMNB was May 11, 2021. It has been a pleasure & privilege working for New Brunswick’s municipalities. * General questions: Contact info@umnb.ca or 506-444-2285 * Executive Director: Contact Dan Murphy at dan.murphy@umnb.ca Merci pour votre courriel. Mon dernier jour de travail à l'UMNB était le 11 mai 2021. Ce fut un plaisir et un privilège de travailler pour les municipalités du Nouveau-Brunswick. * Questions générales : Contactez info@umnb.ca ou 506-444-2285 * Directeur général : Contactez Dan Murphy à dan.murphy@umnb.ca -- *Margot Cragg* Executive Director | Directrice générale Union of the Municipalities of New Brunswick | Union des municipalités du Nouveau-Brunswick 302-259 rue Brunswick St., Fredericton NB E3B 1G8 | Tel: (506) 444-2285 | Cell: (506) 476-5641 | www.umnb.ca YO Higgy I clicked the wrong button and the email was sent while I was still composing my indignation towards your latest trick with NB Power and the fraudulent LIREPP subsidy
On 7/6/21, David Amos <motomaniac333@gmail.com> wrote: > ---------- Forwarded message ---------- > From: Margot Cragg <margot.cragg@umnb.ca> > Date: Thu, 17 Jun 2021 11:44:40 -0700 > Subject: Auto-reply/Réponse automatique Re: YO Higgy Do you and Mikey > Holland or Chucky Firlotte the latest Chairman the NB Power Board of > Directors have any idea how offensive I found the EUB Decision in the > 497 Matter to be??? > To: david.raymond.amos333@gmail. > > Thank you for your email. My last day at UMNB was May 11, 2021. It has > been a pleasure & privilege working for New Brunswick’s > municipalities. > > * General questions: Contact info@umnb.ca or 506-444-2285 > * Events & Bulletin: Contact Kandise Brown at kandise.brown@umnb.ca > * Media inquiries: Contact UMNB President Alex Scholten at > alex.scholten@vonm.ca or (506) 292-2879 > > Merci pour votre courriel. Mon dernier jour de travail à l'UMNB était le > 11 mai 2021. Ce fut un plaisir et un privilège de travailler pour les > municipalités du Nouveau-Brunswick. > > * Questions générales : Contactez info@umnb.ca ou 506-444-2285 > * Événements et le bulletin : Contactez Kandise Brown à > kandise.brown@umnb.ca > * Questions des médias : Contactez le président de l'UMNB, Alex > Scholten, à alex.scholten@vonm.ca ou au (506) 292-2879 > > > -- > *Margot Cragg* Executive Director | Directrice générale > Union of the Municipalities of New Brunswick | Union des municipalités du > Nouveau-Brunswick > 302-259 rue Brunswick St., Fredericton NB E3B 1G8 | Tel: (506) 444-2285 | > Cell: (506) 476-5641 | www.umnb.ca > > > On 6/17/21, David Amos <david.raymond.amos333@gmail. >> Perhaps you all should review all the documents that I filed in the >> 357 Matter and the two orther EUB Matters that I was barred from that >> Mr Furey and Mr Firlotte find to be oh so irrelevant >> >> Veitas Vincit >> David Raymond Amos >> >> >> Board of Directors Members >> >> Charles V. Firlotte, Chairman of the Board of Directors >> >> Charles "Chuck" Firlotte is the principal of Laurent Maxime >> Consultancy, a management consulting firm dedicated to helping >> businesses thrive. He has worked with company leaders in Canada, the >> United States and the Caribbean, guiding them through strategic >> planning and leadership development. Mr. Firlotte honed his expertise >> over the course of three-plus decades, including more than 15 years as >> President and CEO of Aquarion Company, the seventh largest, private >> water utility in the United States. He previously held positions of >> director, vice president, senior vice president and chief operating >> officer in the United States and the United Kingdom for the Kelda >> Group, a UK-based regulated utility. Born and raised on the north >> shore of New Brunswick, Mr. Firlotte earned undergraduate and graduate >> degrees from St. Thomas University in Fredericton and the University >> of Ottawa, and he is a graduate of the Advanced Management Program at >> the Harvard School of Business. He serves on the board of Sacred Heart >> University in Fairfield, Connecticut, and the HAB Group, a property >> and asset management firm in the Turks and Caicos, British West >> Indies. >> >> https://charlesvfirlotte.com/ >> >> Connect with Chuck: >> cvfirlotte@gmail.com >> 203-650-9086 >> >> >> Judith Athaide >> >> Ms. Athaide is the President and CEO of The Cogent Group Inc, an >> independent, energy advisory firm. Her experience in the energy >> industry has spanned the value chain from wells to the wall socket. >> She has a Bachelor of Commerce degree (Honours), a Masters of Business >> Administration in Finance, a Bachelor of Science degree in Mechanical >> Engineering and has been awarded the designation of ICD.D by the >> Institute of Corporate Directors. Ms. Athaide serves on the Board of >> Directors of Phoenix Energy Services where she chairs the Nomination & >> Governance Committee, the Board of Trisummit Utilities where she >> chairs the Health, Safety and Environment Committee, the Board of CMG >> Limited, the Board of HSBC Canada and the Board of Sustainable >> Development Technology Canada. >> >> >> >> Anne E. Bertrand, Q.C. >> >> Ms. Bertrand hails from the Acadian Peninsula and was educated in >> French and English. She studied Biology and Law, and has been >> practicing law since 1986. In 2010, she was appointed the Province of >> New Brunswick’s first Access to Information and Privacy Commissioner. >> In that role for seven years, she oversaw government, municipalities, >> crown corporations and the private health care sector. In private >> practice, Ms. Bertrand sat as an adjudicator on various administrative >> tribunals at both provincial and federal levels, and she appeared >> before all levels of court including the Supreme Court of Canada. >> >> Ms. Bertrand has held several board positions, among which: President >> of the Conseil Économique du Nouveau-Brunswick, National Vice >> President of the Mounted Police Foundation, Chair of the New Brunswick >> Foundation for the Arts, President of the York Sunbury Law Society; >> Director of the Greater Fredericton Economic Development Corporation. >> In business, she managed her husband’s group of environmental >> engineering and consulting companies. In 2011, she was inducted in the >> Réseau des femmes d’affaires francophone du Canada for her vision and >> exceptional leadership in business and in her community. Ms. Bertrand >> was appointed in 2018 as Ad hoc Information Commissioner as well as Ad >> hoc Privacy Commissioner for Canada. >> >> >> >> Alain Bossé >> >> Mr. Bossé is the President and Chief Operating Officer of Groupe >> Savoie Inc. located in St-Quentin, NB. Mr. Bossé is in his 35th year >> with this very dynamic organization involved in the fabrication of >> value-added products and employing over 600 individuals in sawmills >> located in St-Quentin, Kedgwick, Moncton, and Westville, Nova Scotia. >> Throughout his career he served on many associations including: >> Enterprise Restigouche, Restigouche Community Business Development >> Corporation, Governor’s Council at Université de Moncton, Board Chair >> of Efficiency New Brunswick and the Economic Council of NB as Director >> and as President. He was nominated for the Alumnus of the Year in 2013 >> from the Faculty of Administration at the University of Moncton, >> Manager of the Year award in 1990 and Gilbert-Finn Manager Emeritus >> award in 2009. He is a director of Bégin & Bégin Inc., Institut de >> Recherche sur les Feuillus Nordiques, New Brunswick Forest, New >> Brunswick Business Council and Assomption Vie. >> >> >> >> Andrew MacGillivray >> >> Mr. MacGillivray is the retired President and CEO of Gay Lea Foods, a >> large Canadian dairy co-operative. He also serves as the Chair of the >> Moosehead and Crosby Advisory Boards, Director of the Saint John >> Airport and Ganong Boards, a member of the Board of the Wallace McCain >> Institute and is actively engaged in advising and supporting local >> businesses and community programs. Prior to his 12 years with Gay Lea, >> Andrew held leadership roles with both private and public companies >> including Saputo, Agrifoods, Baxter Foods and Nestle. He is a graduate >> with a BBA from St. Francis Xavier University and an MBA from York >> University. >> >> >> >> Paul McCoy, P. E. >> >> Mr. McCoy provides consulting services through McCoy Energy Consulting >> LLC. He co-founded Trans-Elect, an independent transmission company in >> 1999, and was the company’s president. Prior to Trans-Elect, he had >> spent his career at Commonwealth Edison lastly as Senior Vice >> President, and President of ComEd’s Transmission Group. Mr. McCoy has >> held numerous leadership positions in major transmission industry >> organizations and has significant experience working with state and >> federal utility regulators in the United States. He is a member of the >> Wanger Institute of Sustainable Energy Resources (WISER) and the >> Electrical and Computer Engineering Department's Board of Advisors at >> the Illinois Institute of Technology (IIT). He is also the Chair of >> the Board of Directors at De La Salle Institute in Chicago. He has a >> Bachelor of Science degree in Electrical Engineering from IIT. >> >> >> >> Scott Northard, P.E. >> >> Mr. Northard is President of Due North Energy Consulting, LLC, which >> provides consulting services to energy and other technology-related >> businesses. Mr. Northard retired in 2018 as Fleet Vice President, >> Nuclear with Xcel Energy Nuclear Generation Department in Minneapolis, >> Minnesota. Over the course of his more than 40 years in the utility >> industry, Mr. Northard held positions including Site Vice President, >> Vice President – Nuclear Operations, Regulatory Affairs Manager, >> Nuclear Safety Assurance Manager and various roles in finance, human >> resources, materials management and project management. Mr. Northard >> holds a Bachelor of Science degree in Nuclear Engineering from the >> University of Wisconsin-Madison. He completed the INPO Senior Nuclear >> Plant Manager course and is a graduate of NMC Nuclear Management >> Development Program at the University of Minnesota – Carlson School of >> Management and the Executive Development Program at Northwestern >> University – Kellogg School of Management. Mr. Northard is a >> Registered Professional Engineer and a former licensed Senior Reactor >> Operator. >> >> >> >> Mark E. Reddemann >> >> Mr. Reddemann retired as Chief Executive Officer of Nawah Energy >> Company after delivering the first unit of the Barakah Nuclear Energy >> Plant, located in Abu Dhabi, UAE. Prior to this role, he was the Chief >> Executive Officer of Energy Northwest where he was responsible for >> providing energy services to 27 member utilities, and the reliable >> generation of electric capacity from nuclear, wind, hydro and solar >> facilities. He previously served as a vice president with Xcel Energy, >> Nuclear Management Company, Institute of Nuclear Power Operations and >> Wisconsin Electric and also served on numerous Corporate Nuclear >> Safety Review Boards. He holds a bachelor's degree in applied >> mathematics, engineering and physics from the University of >> Wisconsin-Madison and is a graduate of the Minnesota Management >> Institute at the University of Minnesota Curtis L. Carlson School of >> Management. Mr. Reddemann has served on a number of boards of >> directors including the Nuclear Energy Institute, Association of >> Washington Business, Volpentest Hazardous Materials Management and >> Emergency Response Federal Training Center, and the Tri-City >> Development Council. >> >> >> >> Barbara Trenholm >> >> Ms. Trenholm is a professor emerita at the University of New Brunswick >> (UNB) and holds an ICD.D with the Institute of Corporate Directors and >> a FCPA, FCA with CPA New Brunswick. Ms. Trenholm is currently a member >> of the Plaza Retail REIT board of trustees and the International >> Development Research Centre board of governors. She is a past board >> member of AECL and the Canadian Institute of Chartered Accountants >> (now known as CPA Canada), past-president of the New Brunswick >> Institute of Chartered Accountants (now known as CPA New Brunswick) >> and past acting dean of the Faculty of Business Administration at UNB. >> In addition, she has chaired or served as a member of a number of >> other international, national, regional as well as local boards and >> committees. >> >> >> >> Nancy Whipp >> >> Mrs. Whipp is a FCPA, CA. She recently obtained her ICD. D. In 2018 >> she retired as the President and Chief Executive Officer of CPA New >> Brunswick where she was responsible for the merger of the CA, CGA and >> CMA accounting bodies. Prior to this appointment, Mrs. Whipp has >> served as a professional consultant for many companies in New >> Brunswick and Ontario. In addition, she provided transformational >> leadership to the Greater Moncton Chamber of Commerce as their CEO. >> Before moving to New Brunswick in 2009, Mrs. Whipp held various >> positions in financial management at JTI-McDonald Corp., Unsworth and >> Associates Luxembourg, KPMG, CN, BCE Inc. and Pirelli Cables Inc. Mrs. >> Whipp got her CA designation with Ernst & Young in Montreal in 1989. >> She currently is the Chair of the Board Directors of the Greater >> Moncton International Airport Authority and of the Fondation du >> Théâtre l’Escaouette and sits on the Audit Committee of the Federal >> Privy Council. >> >> >> >> Mike Wilson >> >> Mr. Wilson is CEO of the AIL Group of Companies, headquartered in >> Sackville, NB. The AIL Group is a world leader in delivering >> infrastructure solutions through manufacturing plants across North >> America, and licensees in Australia and Europe. Mr. Wilson is active >> in research and development and has developed several international >> patents. He is the past Chairman of the New Brunswick Business >> Council, Past President of the Canadian Manufacturers & Exporters, New >> Brunswick Chapter and is also a current member of the board of >> directors for Medavie Blue Cross. In 2013, he was inducted into the >> New Brunswick Business Hall of Fame, and named “Atlantic Entrepreneur >> of the Year” in 2005.Mr. Wilson is a graduate of UNB's Civil >> Engineering program. >> >> >> >> Keith Cronkhite, NB Power President and CEO >> >> Keith Cronkhite was appointed NB Power President and Chief Executive >> Officer on April 1, 2020. A lifelong New Brunswicker, Keith has more >> than 30 years’ industry experience. He has held positions of >> increasing responsibility within NB Power operations and corporate, >> including his most recent role of Senior Vice President, Business >> Development and Strategic Planning. He is well known within the energy >> industry, and throughout his career has established strong working >> relationships with industry, government and business leaders. >> >> Keith’s vision for NB Power includes a nimble, customer-focused NB >> Power that is well positioned to serve New Brunswickers while >> responding to a rapidly changing industry. He is committed to ensuring >> the customer is at the centre of NB Power’s business decisions, and >> that the utility ensures New Brunswickers have clean, reliable energy >> at stable prices for generations to come. >> >> Keith has a Bachelor of Business Administration degree from the >> University of New Brunswick, has completed the Reactor Technology >> course for Utility Executives at the Massachusetts Institute of >> Technology. He holds an ICD.D with the Institute of Corporate >> Directors and is board member on the Energy Council of Canada as well >> as the Atlantica Centre for Energy. He is also a member of the >> Canadian Standards Association Technical Committee. >> >> MEDIA CONTACT: Sheila Lagacé, Communications, NB Power, 506-458-2345 >> or SLagace@nbpower.com. >> >> >> >> >> June 16, 2021 >> >> NEW BRUNSWICK ENERGY AND UTILITIES BOARD >> VARIANCE OF A DECISION >> IN THE MATTER OF an application by New Brunswick Power Corporation >> requesting a variance of the decision in Matter 357, in accordance >> with section 43 of the Energy and Utilities Board Act, S.N.B. 2006, c. >> E-9.18 and Rules 1.2.5 and 8.1.1 of the Rules of Procedure. (Matter >> No. 497) >> >> >> NEW BRUNSWICK ENERGY AND UTILITIES BOARD: >> >> Acting Chairperson: >> François Beaulieu >> >> Members: >> Michael Costello >> Patrick Ervin >> John Patrick Herron >> >> Board Counsel: >> Katherine McBrearty >> >> Counsel for Board Staff: >> Matthew Letson >> >> Chief Clerk: >> Kathleen Mitchell >> >> APPLICANT: >> >> New Brunswick Power Corporation: >> John Furey >> >> PARTICIPANTS: >> >> David Amos: >> Per se >> >> Liz Kramer: >> Per se >> >> Dr. Roger Richard: >> Per se >> >> Utilities Municipal: >> Scott Stoll >> >> PUBLIC INTERVENER: >> Heather Black >> >> A. Introduction >> >> [1] This decision arises out of an application filed by the New >> Brunswick Power Corporation (NB Power) on May 5, 2021 (Application) >> pursuant to section 43 of the Energy and Utilities Board Act, S.N.B. >> 2006, c. E-9.18 (Act) and Rules 1.2.5 and 8.1.1 of the Board’s Rules >> of Procedure (Rules of Procedure). >> >> [2] NB Power requests that the Board vary its decision of August 4, >> 2020 (Matter 357 >> Decision), by granting an extension of the time required for it to >> file an application >> regarding the first phase of the rate design process from June 30, >> 2021, to a date no later than June 30, 2022. >> >> [3] In the Matter 357 Decision, the Board directed NB Power to >> commence a new proceeding to include three distinct phases: first, to >> file an application by June 30, 2021, to address certain issues >> identified in the decision; second, to provide details of the timing >> and issues to be resolved, which would identify rate design options >> and determine the rate structure; and third, to establish and >> implement a new rate design. >> >> [4] On May 12, the Board ordered that NB Power serve the Application >> and supporting >> materials on all parties in Matter 357 and post them on its website. >> NB Power filed an >> affidavit, sworn on June 3, confirming that the Application and the >> Notice of the >> Application were posted in accordance with the Board’s Order. The Notice >> of >> the >> Application was also published on May 13 in four daily provincial >> newspapers. >> >> [5] At the hearing on June 8, Mr. Furey confirmed that NB Power >> complied with Rules 8.2.3 and 8.2.6 of the Rules of Procedure with >> respect to service and filing. >> >> [6] Written submissions were received from Mr. Scott Stoll, as counsel >> for Utilities Municipal, and Ms. Heather Black, the Public Intervener. >> >> [7] Written submissions were also received from Mr. David Amos, Ms. >> Liz Kramer, and Dr. Roger Richard. The Board finds that none of these >> written submissions addressed the merits of the issue at hand, whether >> the Board should vary the Matter 357 Decision, as described in the >> Application. >> >> B. Issues >> >> [8] The key issue in this matter is whether the Board should vary its >> Matter 357 Decision as described above and, if so, under what >> conditions. >> >> C. Analysis >> >> [9] The Board held a hearing on June 8 by video conference and heard >> oral submissions on behalf of NB Power, Dr. Richard, Utilities >> Municipal, and the Public Intervener. >> [10] Mr. Furey submitted that there are new facts since the Matter 357 >> Decision that have resulted in changed circumstances that, in the >> overall context of these rate design >> proceedings, make up sufficient grounds to vary the decision. He >> further submitted that the expected easing of restrictions, referred >> to by the provincial government as the “Path to Green”, is not the end >> of business impacts as a result of the pandemic. >> [11] Mr. Furey stated that the Board should consider the following >> “four contextual factors” in its decision to extend the time to file >> an application with respect to rate design: >> (1) In the Matter 357 Decision, the Board identified that rate design >> proceedings will move forward in a three-phase approach and that, in >> NB Power’s submission, the Board correctly characterized this first >> phase as laying a foundation for future rate design proceedings. >> (2) The Board has recognized that decisions in this round of rate >> design proceedings >> would likely have long-term impacts for all customers, in particular, >> the commercial and industrial classes. Mr. Furey submitted that NB >> Power is required to bring forward proposals with respect to customer >> classification, including an action plan for the elimination of the >> General Service II class. >> (3) Proposed changes to rate design impacts on the rates and bills of >> certain >> customers, especially in the commercial and industrial classes. >> (4) The importance assigned by the Board to the ability, through >> advocates, >> of >> under-represented customers, to make submissions, which would contribute >> to >> the rate design process. >> >> [12] Dr. Richard submitted that he had no objection to extending the >> time to file an application to June 30, 2022. >> >> [13] Utilities Municipal supported the Application, subject to two >> comments. First, Mr. Stoll expressed a concern that there may be a >> strain on the resources of some regular participants in Board >> proceedings, given the number of potential hearings within the next 18 >> months. >> >> Second, he stated that he does not wish to see this proceeding >> “languish for another year.” Mr. Stoll suggested that NB Power >> continue with any work using an “[…] incremental approach to the rate >> design process so that we don’t inadvertently end up circling back or >> redoing certain things […].” >> >> [14] In its submission, Utilities Municipal stated that it was not >> able to identify specific work, but rather requested that the Board >> seek input from NB Power about what would be possible to advance the >> proceeding during any extension of time. >> >> [15] In its reply of June 4, NB Power responded to Mr. Stoll’s >> comments, agreeing that efforts should be made to avoid overlapping of >> proceedings before the Board. It suggested that its proposed deadline >> of June 30, 2022, would accomplish that objective. It noted that, in >> the meantime, it could advance work on certain issues and utilize a >> more up-to-date budget and load data. >> >> [16] In her written submission dated May 27, Ms. Black supported the >> Application stating that she had no objection to the extension of time >> requested. Ms. Black stated that she supported the suggestion that NB >> Power file a plan to overcome what was referred to as the >> “representation gap” to ensure that, for example, residential >> customers’ interests are adequately represented. >> >> [17] Section 43 of the Act states: >> 43 The Board may review, rescind or vary any order made by it. >> >> [18] Rules 1.2.5 and 8.1.1 of the Rules of Procedure state: >> 1.2.5. The Board may in its discretion extend or abridge the time >> fixed by these Rules or by the Board, on its own initiative or in >> response to a request by a party, either before or after the time so >> fixed has expired. >> >> 8.1.1. An application to review, rescind, or vary an order under section >> 43 >> of >> the Act, or to rehear an application under section 44 of the Act shall >> contain: >> a) a concise statement of the facts; >> b) the grounds that the applicant considers sufficient, including: >> i. any error of law or of jurisdiction, >> ii. changed circumstances or new facts that have arisen since the >> close of the original proceeding, or >> iii. facts that were not placed in evidence in the original proceeding >> and that were then not discoverable by reasonable diligence; >> c) any prejudice or damage that has resulted or will result from the >> order; >> and >> d) the relief sought. >> >> [19] Accordingly, the Board has the discretion to vary its Matter 357 >> Decision by granting an extension of the time required for NB Power to >> file its rate design application. >> >> [20] In making a determination with respect to a variance, the Board >> must consider the criteria set out under Rule 8.1.1 of the Rules of >> Procedure, and owes a duty of fairness to those who are affected by >> its decisions. >> >> [21] As stated in the Matter 357 Decision, the Board needs to consider >> how the views of >> consumer groups will be represented in relation to rate design. The >> Board’s hearing >> procedure encourages public participation to provide a meaningful >> opportunity to present >> their case fully and fairly. >> >> [22] Due to the continuing impacts of the COVID-19 pandemic, however, >> the Board recognizes that some people may not have this opportunity, >> should the proceeding continue as currently scheduled. >> >> D. Conclusion >> >> [23] In light of these circumstances, the Board varies the Matter 357 >> Decision and grants an extension of time, as requested. NB Power is to >> file an application to address the issues identified as the first >> phase in the Matter 357 Decision to a date no later than June 30, >> 2022, subject to the direction below. >> >> [24] The Board directs NB Power to file a proposal to address any gap >> in relation to under-represented customers, as referenced in the >> Matter 357 Decision, by October 31, 2021. >> >> Dated at Saint John, New Brunswick, this 16th day of June, 2021. >> François Beaulieu >> Acting Chairperson >> >> Michael Costello >> Member >> >> Patrick Ervin >> Member >> >> John Patrick Herron >> Member >> >> >> >> >> >> ---------- Original message ---------- >> From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca> >> Date: Fri, 4 Jun 2021 18:59:09 +0000 >> Subject: RE: Matter 497 - NB Power Application for a variance of a >> decision / Instance 497 - Demande d'Énergie NB pour une modification >> d'une décision >> To: David Amos <david.raymond.amos333@gmail. >> >> Hello, >> >> Thank you for taking the time to write. >> >> Due to the volume of incoming messages, this is an automated response >> to let you know that your email has been received and will be reviewed >> at the earliest opportunity. >> >> If your inquiry more appropriately falls within the mandate of a >> Ministry or other area of government, staff will refer your email for >> review and consideration. >> >> Merci d'avoir pris le temps de nous écrire. >> >> En raison du volume des messages reçus, cette réponse automatique vous >> informe que votre courriel a été reçu et sera examiné dans les >> meilleurs délais. >> >> Si votre demande relève plutôt du mandat d'un ministère ou d'un autre >> secteur du gouvernement, le personnel vous renverra votre courriel >> pour examen et considération. >> >> If this is a Media Request, please contact the Premier’s office at >> (506) 453-2144 or by email >> media-medias@gnb.ca<mailto:med >> >> S’il s’agit d’une demande des médias, veuillez communiquer avec le >> Cabinet du premier ministre au 506-453-2144. >> >> >> General Information >> For general information and answers to common questions on novel >> coronavirus please visit: >> GNB/COVID-19<https://na01. >> or >> Canada.ca/coronavirus<https:// >> information line 1-833-784-4397. >> >> >> Safety Issues >> For safety issues regarding place of employment/employer please call >> WorkSafe NB 1-800-999-9775. >> >> Compassionate requests >> Please call the Canadian Red Cross 1-800-863-6582. >> >> Non-health questions >> Please call 1-844-462-8387. The email address is >> helpaide@gnb.ca<mailto:helpaid >> For questions related to travel restrictions during COVID-19 >> Please call 1-833-948-2800. >> >> >> MENTAL HEALTH >> CHIMO Helpline 1-800-667-5005 >> Hope for Wellness Helpline 1-855-242-3310 >> >> Canadian Border Services Agency >> CBSA has instituted a COVID-19 hotline regarding border crossing >> concerns/questions at >> 1-800-461-9999. >> >> Employment Insurance Hotline >> Please call 1-833-381-2725. >> >> >> Renseignements généraux >> Pour obtenir des renseignements généraux et des réponses aux questions >> les plus fréquentes sur la COVID-19, veuillez consulter le site >> GNB/COVID-19<https://na01. >> ou >> Canada.ca/coronavirus<https:// >> ou composer le 1-833-784-4397. >> >> questions de sécurité >> Pour les questions de sécurité concernant les lieux de travail ou les >> employeurs, communiquez avec Travail sécuritaire NB au 1-800-999-9775. >> >> DEMANDES POUR RAISONS DE COMPASSION >> Veuillez téléphoner à la Croix-Rouge canadienne au 1-800-863-6582. >> >> Questions non liées à la santé >> Veuillez composer le 1-844-462-8387 ou envoyer un courriel à l’adresse >> helpaide@gnb.ca<mailto:helpaid >> >> Questions liées aux restrictions de voyage pendant la pandémie de >> COVID-19 >> : >> Composez le 1-833-948-2800. >> >> SANTÉ MENTALE >> Ligne d'aide CHIMO : 1-800-667-5005 >> Ligne d’écoute d’espoir : 1-855-242-3310 >> >> Agence des services frontaliers du Canada >> L’Agence a mis en place une ligne d’information sur la COVID-19 pour >> les questions concernant la traversée de la frontière, le >> 1-800-461-9999. >> >> LIGNE D’INFORMATION SUR l'assurance-emploi >> Composez le 1-833-381-2725. >> >> >> Office of the Premier/Cabinet du premier ministre >> P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau- >> Canada >> Tel./Tel. : (506) 453-2144 >> Email/Courriel: >> premier@gnb.ca/premier. >> >> >> >> ---------- Original message ---------- >> From: NBEUB/CESPNB <General@nbeub.ca> >> Date: Fri, 4 Jun 2021 18:58:16 +0000 >> Subject: RE: Matter 497 - NB Power Application for a variance of a >> decision / Instance 497 - Demande d'Énergie NB pour une modification >> d'une décision >> To: David Amos <david.raymond.amos333@gmail. >> >> Thank you for your email to the New Brunswick Energy and Utilities Board. >> >> This is to acknowledge receipt of the document(s) you have filed with >> the Board. >> >> >> La Commission de l’énergie et des services publics du >> Nouveau-Brunswick vous remercie pour votre courriel. >> >> Nous accusons réception du/des document(s) que vous avez déposé(s) >> auprès de la Commission. >> >> Sarah Thebeau >> Administrative Assistant / Assistante administrative >> (506) 658-2504 (Reception) >> (506) 658-2711 (Direct) >> >> >> >> Confidentiality Notice >> >> This private message (and any attachments) is for the exclusive use of >> the individual for whom, or entity for which, it is intended. It may >> contain information that is privileged, confidential or exempt from >> disclosure by law. Its author does not waive the protection afforded >> to it under applicable law. Disclosure to anyone other than the >> intended recipient does not constitute waiver of privilege. Its >> possession or usage, by any person other than the one for whom it is >> intended, is not authorized by its author and is strictly prohibited. >> If you have received this communication in error, please notify us >> immediately, at our expense, by telephone at (506) 658-2504. Also, if >> you received this email in error, delete it and any attachments from >> your computer system and records. Thank you. >> >> Avis de confidentialité >> >> Ce message privé (et toutes les pièces jointes) est à l'usage exclusif >> de la personne pour laquelle ou entité pour laquelle, il est destiné. >> Il peut contenir des informations qui sont personnelles, >> confidentielles ou exemptées de la divulgation par la loi. Son auteur >> ne renonce pas à la protection accordée en vertu de la loi applicable. >> Sa divulgation à toute personne autre que son destinataire ne >> constitue pas une renonciation de privilège. Sa possession ou >> l'utilisation, par une personne autre que celle pour laquelle il est >> destiné, n'est pas autorisée par son auteur et est strictement >> interdite. Si vous recevez cette communication par erreur, veuillez >> nous appeler dans les plus brefs délais, à frais virés, au (506) >> 658-2504. Aussi, si vous avez reçu ce courriel par erreur, veuillez >> effacer ce courriel, ainsi que les pièces jointes, de votre système >> informatique et de vos dossiers. Merci. >> >> >> -----Original Message----- >> From: David Amos [mailto:david.raymond.amos333@ >> Sent: Friday, June 4, 2021 3:56 PM >> To: Furey, John <john.furey@mcinnescooper.com> >> <NBPRegulatory@nbpower.com>; Mike.Comeau <Mike.Comeau@gnb.ca>; >> hugh.flemming <hugh.flemming@gnb.ca>; premier <premier@gnb.ca>; >> blaine.higgs <blaine.higgs@gnb.ca>; Holland, Mike (LEG) >> <mike.holland@gnb.ca>; Mitchell, Kathleen >> <Kathleen.Mitchell@nbeub.ca>; louis-philippe.gauthier@cfib. >> david.sollows@gnb.ca; david.russell@gnb.ca; >> Gilles.volpe@libertyutilities. >> dave.lavigne@libertyutilities. >> <len.hoyt@mcinnescooper.com>; Callaghan, Jeffery >> <jeffery.callaghan@ >> gerald@kissnb.com; cstewart@stewartmckelvey.com; >> hanrahan.dion@jdirving.com; lcozzarini@nbpower.com; >> srussell@nbpower.com; SWaycott@nbpower.com; bcrawford@nbpower.com; >> George.Porter@nbpower.com; NBEUB/CESPNB <General@nbeub.ca>; Dickie, >> Michael <Michael.Dickie@nbeub.ca>; Lawton, John >> <John.Lawton@nbeub.ca>; Young, Dave <Dave.Young@nbeub.ca>; >> Ahmad.Faruqui@brattle.com; Cecile.Bourbonnais@brattle.com >> heather.black@gnb.ca; rdk@indecon.com; rrichard@nb.aibn.com; >> sussexsharingclub@nb.aibn.com; margot.cragg@umnb.ca; >> jeff.garrett@sjenergy.com; dan.dionne@perth-andover.com; >> pierreroy@edmundston.ca; ray.robinson@sjenergy.com; >> sstoll@airdberlis.com; pzarnett@bdrenergy.com; >> leducjr@nb.sympatico.ca; Katherine McBrearty >> <Katherine.McBrearty@nbeub.ca> >> Cc: kcronkhite@nbpower.com; Petrie, Jamie <JPetrie@nbpower.com>; >> wharrison@nbpower.com >> Subject: Re: Matter 497 - NB Power Application for a variance of a >> decision / Instance 497 - Demande d'Énergie NB pour une modification >> d'une décision >> >> Mr Furey >> >> Mr Petrie informed me out of the gate that you and your old boss >> Madame Harrison were no longer employed by NB Power So now I must ask >> the latest CEO Keith Cronkhite and the new NB Power Board (corrected) >> have they hired Harrison back to stand in Mr Petrie's stead while you >> continue to act >> against my interests and concerns under a private contract??? >> >> Veritas Vincit >> David Raymond Amos >> >> >> On 6/4/21, Furey, John <john.furey@mcinnescooper.com> wrote: >>> Dear Ms. Mitchell, >>> >>> In accordance with the Board Order dated May 12, 2021, please find >>> attached >>> the Submissions of NB Power in this matter. >>> >>> As required by the Board Order, all parties to Matter 357 are being >>> served. >>> Ms. Liz Kramer is also being served through the email address utilized >>> by >>> the Board to distribute instructions for the hearing. >>> >>> Regards, >>> >>> John >>> >>> [McInnes Cooper] >>> John Furey >>> Counsel >>> McInnes Cooper >>> >>> tel +1 (506) 458 1628 | fax +1 (506) 458 9903 | mobile +1 (506) 282 0380 >>> >>> Barker House, Suite 600 >>> 570 Queen Street >>> PO Box 610 Fredericton, NB, E3B 5A6 >>> >>> asst Nanette Phillips | +1 (506) 458 1629 >>> >> >> ---------- Original message ---------- >> From: David Amos <david.raymond.amos333@gmail. >> Date: Sat, 1 May 2021 15:21:20 -0300 >> Subject: Methinks Mr Petrie should not deny that I tried to talk to >> him before responding to his Motion from NB Power in relation to the >> Board's Decision of August 4, 2020 just before you had the writ dopped >> the last election N'esy Pas Higgy? >> To: NBP Regulatory <NBPRegulatory@nbpower.com>, "Mike.Comeau" >> <Mike.Comeau@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>, premier >> <premier@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, "Holland, Mike >> (LEG)" <mike.holland@gnb.ca> >> Cc: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, >> "louis-philippe.gauthier@cfib. >> "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "david.russell@gnb.ca" >> <david.russell@gnb.ca>, "Gilles.volpe@ >> <Gilles.volpe@ >> <Paul.Volpe@libertyutilities. >> <dave.lavigne@ >> <len.hoyt@mcinnescooper.com>, "jeffery.callaghan@ >> <jeffery.callaghan@ >> <rzarumba@ceadvisors.com>, "gerald@kissnb.com" <gerald@kissnb.com>, >> "cstewart@stewartmckelvey.com" <cstewart@stewartmckelvey.com> >> "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "Russell, >> Stephen" <SRussell@nbpower.com>, "Harrison, Wanda" >> <WHarrison@nbpower.com>, "Waycott, Stephen" <SWaycott@nbpower.com>, >> "Crawford, Brad" <BCrawford@nbpower.com>, "Porter, George" >> <George.Porter@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Dickie, >> Michael" <Michael.Dickie@nbeub.ca>, "Lawton, John" >> <John.Lawton@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, >> "Ahmad.Faruqui@brattle.com" <Ahmad.Faruqui@brattle.com>, >> "Cecile.Bourbonnais@brattle. >> "heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com" >> <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>, >> "sussexsharingclub@nb.aibn.com >> "margot.cragg@umnb.ca" <margot.cragg@umnb.ca>, >> "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, >> "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com> >> "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>, >> "ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>, >> "sstoll@airdberlis.com" <sstoll@airdberlis.com>, >> "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>, >> "leducjr@nb.sympatico.ca" <leducjr@nb.sympatico.ca>, "Furey, John" >> <john.furey@mcinnescooper.com> >> >> ---------- Original message ---------- >> From: "Higgs, Premier Blaine (PO/CPM)" <Blaine.Higgs@gnb.ca> >> Date: Fri, 30 Apr 2021 19:20:33 +0000 >> Subject: RE: Filing of Motion from NB Power in relation to the Board's >> Decision of August 4, 2020 Methinks Mr Petrie should have done his >> homework N'esy Pas Higgy? >> To: David Amos <david.raymond.amos333@gmail. >> >> Hello, >> >> Thank you for taking the time to write. >> >> Due to the volume of incoming messages, this is an automated response >> to let you know that your email has been received and will be reviewed >> at the earliest opportunity. >> >> If your inquiry more appropriately falls within the mandate of a >> Ministry or other area of government, staff will refer your email for >> review and consideration. >> >> Merci d'avoir pris le temps de nous écrire. >> >> En raison du volume des messages reçus, cette réponse automatique vous >> informe que votre courriel a été reçu et sera examiné dans les >> meilleurs délais. >> >> Si votre demande relève plutôt du mandat d'un ministère ou d'un autre >> secteur du gouvernement, le personnel vous renverra votre courriel >> pour examen et considération. >> >> If this is a Media Request, please contact the Premier’s office at >> (506) 453-2144 or by email >> media-medias@gnb.ca<mailto:med >> >> S’il s’agit d’une demande des médias, veuillez communiquer avec le >> Cabinet du premier ministre au 506-453-2144. >> >> >> General Information >> For general information and answers to common questions on novel >> coronavirus please visit: >> GNB/COVID-19<https://na01. >> or >> Canada.ca/coronavirus<https:// >> information line 1-833-784-4397. >> >> >> Safety Issues >> For safety issues regarding place of employment/employer please call >> WorkSafe NB 1-800-999-9775. >> >> Compassionate requests >> Please call the Canadian Red Cross 1-800-863-6582. >> >> Non-health questions >> Please call 1-844-462-8387. The email address is >> helpaide@gnb.ca<mailto:helpaid >> For questions related to travel restrictions during COVID-19 >> Please call 1-833-948-2800. >> >> >> MENTAL HEALTH >> CHIMO Helpline 1-800-667-5005 >> Hope for Wellness Helpline 1-855-242-3310 >> >> Canadian Border Services Agency >> CBSA has instituted a COVID-19 hotline regarding border crossing >> concerns/questions at >> 1-800-461-9999. >> >> Employment Insurance Hotline >> Please call 1-833-381-2725. >> >> >> Renseignements généraux >> Pour obtenir des renseignements généraux et des réponses aux questions >> les plus fréquentes sur la COVID-19, veuillez consulter le site >> GNB/COVID-19<https://na01. >> ou >> Canada.ca/coronavirus<https:// >> ou composer le 1-833-784-4397. >> >> questions de sécurité >> Pour les questions de sécurité concernant les lieux de travail ou les >> employeurs, communiquez avec Travail sécuritaire NB au 1-800-999-9775. >> >> DEMANDES POUR RAISONS DE COMPASSION >> Veuillez téléphoner à la Croix-Rouge canadienne au 1-800-863-6582. >> >> Questions non liées à la santé >> Veuillez composer le 1-844-462-8387 ou envoyer un courriel à l’adresse >> helpaide@gnb.ca<mailto:helpaid >> >> Questions liées aux restrictions de voyage pendant la pandémie de >> COVID-19 >> : >> Composez le 1-833-948-2800. >> >> SANTÉ MENTALE >> Ligne d'aide CHIMO : 1-800-667-5005 >> Ligne d’écoute d’espoir : 1-855-242-3310 >> >> Agence des services frontaliers du Canada >> L’Agence a mis en place une ligne d’information sur la COVID-19 pour >> les questions concernant la traversée de la frontière, le >> 1-800-461-9999. >> >> LIGNE D’INFORMATION SUR l'assurance-emploi >> Composez le 1-833-381-2725. >> >> >> Office of the Premier/Cabinet du premier ministre >> P.O Box/C. P. 6000 Fredericton New-Brunswick/Nouveau- >> Canada >> Tel./Tel. : (506) 453-2144 >> Email/Courriel: >> premier@gnb.ca/premier. >> >> >> >> ---------- Original message ---------- >> From: "Russell, David (DTI/MTI)" <David.Russell@gnb.ca> >> Date: Fri, 30 Apr 2021 19:20:34 +0000 >> Subject: Automatic reply: Filing of Motion from NB Power in relation >> to the Board's Decision of August 4, 2020 Methinks Mr Petrie should >> have done his homework N'esy Pas Higgy? >> To: David Amos <david.raymond.amos333@gmail. >> >> I will be out of the office until Monday, May 3rd, 2021. I will reply >> to your message at that time. >> >> Regards, >> >> David Russell >> >> >> ---------- Original message ---------- >> From: Gerald Bourque <kisspartyofnb@gmail.com> >> Date: Fri, 30 Apr 2021 16:23:40 -0300 >> Subject: Re: Filing of Motion from NB Power in relation to the Board's >> Decision of August 4, 2020 Methinks Mr Petrie should have done his >> homework N'esy Pas Higgy? >> To: David Amos <david.raymond.amos333@gmail. >> Cc: NBP Regulatory <NBPRegulatory@nbpower.com>, "Mike.Comeau" >> <Mike.Comeau@gnb.ca>, "hugh.flemming" <hugh.flemming@gnb.ca>, premier >> <premier@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, "Holland, Mike >> (LEG)" <mike.holland@gnb.ca>, "Mitchell, Kathleen" >> <Kathleen.Mitchell@nbeub.ca>, "louis-philippe.gauthier@cfib. >> <louis-philippe.gauthier@cfib. >> <david.sollows@gnb.ca>, "david.russell@gnb.ca" <david.russell@gnb.ca>, >> "Gilles.volpe@ >> <Gilles.volpe@ >> <Paul.Volpe@libertyutilities. >> <dave.lavigne@ >> <len.hoyt@mcinnescooper.com>, "jeffery.callaghan@ >> <jeffery.callaghan@ >> <rzarumba@ceadvisors.com>, "gerald@kissnb.com" <gerald@kissnb.com>, >> "cstewart@stewartmckelvey.com" <cstewart@stewartmckelvey.com> >> "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "Russell, >> Stephen" <SRussell@nbpower.com>, "Harrison, Wanda" >> <WHarrison@nbpower.com>, "Waycott, Stephen" <SWaycott@nbpower.com>, >> "Crawford, Brad" <BCrawford@nbpower.com>, "Porter, George" >> <George.Porter@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Dickie, >> Michael" <Michael.Dickie@nbeub.ca>, "Lawton, John" >> <John.Lawton@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, >> "Ahmad.Faruqui@brattle.com" <Ahmad.Faruqui@brattle.com>, >> "Cecile.Bourbonnais@brattle. >> "heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com" >> <rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>, >> "sussexsharingclub@nb.aibn.com >> "margot.cragg@umnb.ca" <margot.cragg@umnb.ca>, >> "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, >> "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com> >> "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>, >> "ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>, >> "sstoll@airdberlis.com" <sstoll@airdberlis.com>, >> "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>, >> "leducjr@nb.sympatico.ca" <leducjr@nb.sympatico.ca>, "Furey, John" >> <john.furey@mcinnescooper.com> >> >> Received, thank you. >> >> >> ---------- Forwarded message ---------- From: David Amos <david.raymond.amos333@gmail. Date: Tue, 14 Mar 2023 14:15:28 -0300 Subject: Re: Detailed Agenda - Technical Conference for Matter 529, NB Power Rate Design Who Is Mr FUREY to mute me? To: NB Power Rate Design <NBPowerRateDesign@nbpower.com Cc: "ceo@fermenbfarm.ca" <ceo@fermenbfarm.ca>, "louis-philippe.gauthier@cfib. "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "Ron.marcolin@cme-mec.ca" <Ron.marcolin@cme-mec.ca>, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "nrubin@stewartmckelvey.com" <nrubin@stewartmckelvey.com>, "coneil@stewartmckelvey.com" <coneil@stewartmckelvey.com>, "lmclements@stewartmckelvey. "pbowman@bowmaneconomics.ca" <pbowman@bowmaneconomics.ca>, "brudderham@stewartmckelvey. "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>, "Petrie, Jamie" <JPetrie@nbpower.com>, NBP Regulatory <NBPRegulatory@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>, "Waycott, Stephen" <SWaycott@nbpower.com>, "Porter, George" <George.Porter@nbpower.com>, "Crawford, Brad" <BCrawford@nbpower.com>, Veronique Otis <Veronique.Otis@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "bhavumaki@synapse-energy.com" <bhavumaki@synapse-energy.com> "mwhited@synapse-energy.com" <mwhited@synapse-energy.com>, "prhodes@synapse-energy.com" <prhodes@synapse-energy.com>, "alawton@synapse-energy.com" <alawton@synapse-energy.com>, "jwilson@resourceinsight.com" <jwilson@resourceinsight.com>, "pchernick@resourceinsight.com Melissa Curran <Melissa.Curran@nbeub.ca>, "richard.williams@gnb.ca" <richard.williams@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>, "tammy.grieve@mcinnescooper. "paul.black@twinriverspaper. "Hoyt, Len" <len.hoyt@mcinnescooper.com>, "tyler.rajeski@ <tyler.rajeski@ "darcy.ouellette@ <darcy.ouellette@ <dan.murphy@umnb.ca>, "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com" <shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com> <pierreroy@edmundston.ca>, "ryan.mitchell@sjenergy.com" <ryan.mitchell@sjenergy.com>, "sstoll@stollprofcorp.com" <sstoll@stollprofcorp.com>, "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>, "ablair@elenchus.ca" <ablair@elenchus.ca>, "brchapman@caenergy.com" <brchapman@caenergy.com>, "McKay, Pam" <PMcKay@nbpower.com>, Dan Dionne <dan@vilsv.ca>, "Roy, Pierre" <pierre.roy@edmundston.ca>, "Gibson, Kevin" <KevGibson@nbpower.com>, HO CR - HO 4 Board Room <hocrho4boardroom@nbpower.com> Carol" <CaMurray@nbpower.com>, "Goddard, Rosmary" <RGoddard@nbpower.com>, "Stevenson, Veronique Janie" <VStevenson@nbpower.com>, "Meng, Ryan John" <RMeng@nbpower.com>, "Murray, Leanne" <LMurray@nbpower.com> On 3/13/23, David Amos <david.raymond.amos333@gmail. > Microsoft Teams meeting > > Join on your computer, mobile app or room device > > Click here to join the meeting > > Meeting ID: 275 828 347 546 > Passcode: m4GZeq > > Download Teams | Join on the web > > Or call in (audio only) > > +1 506-406-8124,,386169888# Canada, Fredericton > > Phone Conference ID: 386 169 888# > > Find a local number | Reset PIN > > On 3/13/23, NB Power Rate Design <NBPowerRateDesign@nbpower.com >> Technical Conference for Matter 529, NB Power Rate Design >> Tuesday, March 14, 2023 >> Time 9:30 AM to 4:30 PM Atlantic time >> >> NB Power is hosting a virtual Technical Conference for Matter 529, NB >> Power >> Rate Design, in accordance with the approved Filing Schedule in this >> matter. >> >> The Detailed Agenda is as follows: >> >> 1. Introductory comments >> * Applicant >> * Board staff >> 2. Topics as requested: >> * Proposed customer classes >> * Sensitivity of NB Power’s proposed classes to class cost >> allocations >> * Transitioning to new classes >> 3. New topics (time permitting) >> 4. Wrap-up >> >> NB Power Rate Design >> >> >> >> ______________________________ >> 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. >> > | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Matter 552 - NB Power 2024-2025 General Rate Application / Instance no 552 - Énergie NB Demande générale de tarifs 2024-2025
Mitchell, Kathleen<Kathleen.Mitchell@nbeub.ca> |  Fri, Sep 29, 2023 at 2:39 PM | ||||||||||
| To: "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "David.Raymond.Amos333@gmail.com" <David.Raymond.Amos333@gmail.com>, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "Daly, Gerard" <daly@nbnet.nb.ca>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "Brandy.Gellner@libertyutilities.com" <Brandy.Gellner@libertyutilities.com>, "dave.lavigne@libertyutilities.com" <dave.lavigne@libertyutilities.com>, "Gilles.volpe@libertyutilities.com" <Gilles.volpe@libertyutilities.com>, "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>, "jpetrie@nbpower.com" <jpetrie@nbpower.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "DAMurphy@nbpower.com" <DAMurphy@nbpower.com>, "bcrawford@nbpower.com" <bcrawford@nbpower.com>, "lgordon@nbpower.com" <lgordon@nbpower.com>, "nbpregulatory@nbpower.com" <nbpregulatory@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com" <Aherrington@lawsoncreamer.com>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, Veronique Otis <Veronique.Otis@nbeub.ca>, Susan Colwell <Susan.Colwell@nbeub.ca>, Melissa Curran <Melissa.Curran@nbeub.ca>, "tyler.rajeski@twinriverspaper.com" <tyler.rajeski@twinriverspaper.com>, "darcy.ouellette@twinriverspaper.com" <darcy.ouellette@twinriverspaper.com>, "Hoyt, Len" <len.hoyt@mcinnescooper.com>, "paul.black@twinriverspaper.com" <paul.black@twinriverspaper.com>, "tammy.grieve@mcinnescooper.com" <tammy.grieve@mcinnescooper.com>, "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com" <shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>, "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>, "rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com>, "gzacher@stikeman.com" <gzacher@stikeman.com>, "alain.chiasson2@gnb.ca" <alain.chiasson2@gnb.ca> | |||||||||||
Good afternoon, Please find attached an Order in relation to the above-noted Matter.
Bonjour, Veuillez trouver ci-joint une ordonnance ayant trait à l’instance susmentionnée.
Kathleen Mitchell Executive Director, Human Resources & Communications, and Chief Clerk Directrice exécutive, Ressources humaines et communications, et Greffière en chef (506) 658-2504 (General/Général) (506) 643-7324 (Direct/Directe) Confidentiality Notice This message and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. It must not be forwarded unless permission has been received from the sender. Disclosure to anyone other than the intended recipient does not constitute a waiver of privilege. If you have received this message inadvertently, please notify the sender, delete the message and then delete your response. Thank you. Avis de confidentialité Ce message ainsi que tout fichier qui pourrait l’accompagner sont confidentiels et destinés uniquement à l'usage de la personne ou de l'entité à laquelle ils sont adressés. Il ne doit pas être réacheminé sans la permission de l'expéditeur. La divulgation à toute personne autre que le destinataire prévu ne constitue pas une renonciation au privilège. Si vous avez reçu ce message par inadvertance, veuillez en informer l'expéditeur, supprimer le message, puis votre réponse. Merci.
| |||||||||||
ORDER
IN THE MATTER OF a stay of the Board’s Decision of July 16, 2019, in accordance with sections 32 and 41 of the Energy and Utilities Board Act, S.N.B. 2006, c. E-9.18.
(Matter No. 552)
September 29, 2023
NEW BRUNSWICK ENERGY AND UTILITIES BOARD
ORDER
WHEREAS in its decision in Matter 430 dated July 16, 2019 (Decision), the New Brunswick Energy and Utilities Board directed the New Brunswick Power Corporation (NB Power) to file its annual general rate application no later than the first Wednesday of October, each and every year, to allow sufficient time for the conduct of a fulsome hearing process and for the Board to approve rates in a timely fashion;
AND WHEREAS in a letter dated September 28, 2023 (Letter), NB Power advised the Board that it had received a directive from the Executive Council on September 27, 2023, under section 69 of the Electricity Act, S.N.B. 2013, c. 7, directing NB Power to make plans to achieve its equity goal of 20% by March 31, 2029, and to incorporate that directive into its forecast operating budgets, capital expenditures and rate forecasts for each of the 2024/25 through 2026/27 fiscal years;
AND WHEREAS in the Letter, NB Power stated that based on this, it will not be in a position to file its annual general rate application by October 4, 2023, and that it will advise the Board as soon as it has a reasonable estimate of when it would be in a position to do so;
AND WHEREAS the Board has concluded that in light of the requirements in the new directive issued by the Executive Council on September 27, 2023, it would not be in the public interest, or in the interest of NB Power or its ratepayers, to require NB Power to file what would now be an incomplete or inaccurate general rate application as previously directed.
NOW THEREFORE IT IS ORDERED THAT:
1. Pursuant to sections 32 and 41 of the Energy and Utilities Board Act, the requirement that NB Power file a general rate application no later than the first Wednesday of October contained in the Board’s Decision in Matter 430 is stayed on an interim basis until October 31, 2023, or further Order of the Board.
2. Should NB Power be unable to file its annual general rate application on or before October 31, 2023, it is directed to file a written application, supported by affidavit evidence, with the Board and serve a copy of same on the Public Intervener and the other parties to NB Power’s last rate proceeding (Matter 541) no later than Wednesday, October 25, 2023, seeking an extension to the within interim stay and/or a variance to the Board’s Decision in Matter 430 requiring it to file its next general rate application by a new date certain.
Dated in Saint John, New Brunswick, this 29th day of September 2023.
BY THE BOARD
Kathleen Mitchell
Kathleen Mitchell
NB Power’s 2024-25 General Rate Application- Letter to Board - GRA Filing Date
NBP Regulatory<NBPRegulatory@nbpower.com> | Thu, Sep 28, 2023 at 10:49 AM | ||||||
| To: "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "David.Raymond.Amos333@gmail.com" <David.Raymond.Amos333@gmail.com>, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "Daly, Gerard" <daly@nbnet.nb.ca>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "gzacher@stikeman.com" <gzacher@stikeman.com>, "Brandy.Gellner@libertyutilities.com" <Brandy.Gellner@libertyutilities.com>, "dave.lavigne@libertyutilities.com" <dave.lavigne@libertyutilities.com>, "Gilles.volpe@libertyutilities.com" <Gilles.volpe@libertyutilities.com>, John Furey <JohnFurey@fureylegal.com>, "Petrie, Jamie" <JPetrie@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com" <Aherrington@lawsoncreamer.com>, "Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, Veronique Otis <Veronique.Otis@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "dustin@emrydia.com" <dustin@emrydia.com>, Melissa Curran <Melissa.Curran@nbeub.ca>, "Vincent.musco@bateswhite.com" <Vincent.musco@bateswhite.com>, "richard.williams@gnb.ca" <richard.williams@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>, "tyler.rajeski@twinriverspaper.com" <tyler.rajeski@twinriverspaper.com>, "darcy.ouellette@twinriverspaper.com" <darcy.ouellette@twinriverspaper.com>, "Hoyt, Len" <len.hoyt@mcinnescooper.com>, "paul.black@twinriverspaper.com" <paul.black@twinriverspaper.com>, "tammy.grieve@mcinnescooper.com" <tammy.grieve@mcinnescooper.com>, "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com" <shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>, "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>, "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>, "rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com>, "Gibson, Kevin" <KevGibson@nbpower.com>, "Porter, George" <George.Porter@nbpower.com> | |||||||
| Cc: NBP Regulatory <NBPRegulatory@nbpower.com> | |||||||
Dear Ms. Mitchell: Please find attached a letter from New Brunswick Power Corporation in relation to NB Power’s 2024-25 General Rate Application. Kind regards,
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.
| |||||||
September 28, 2023
New Brunswick Energy and Utilities Board
P.O. Box 5001
15 Market Square, Suite 1400
Saint John, NB
E2L 4Y9
Attention: Ms. Kathleen Mitchell,
Executive Director, Administration and Chief Clerk
Re: NB Power General Rate Application
Dear Ms. Mitchell:
As the Board is aware, the filing date for NB Power’s next required General Rate Application
(“GRA”) is October 4, 2023.
The Board is also aware that, for some time, NB Power’s requests for approval of rates have
been based on achieving the objective of 20% equity in its capital structure. Most recently, in
Matter 541, the basis of the request was specific to attaining that goal by March 31, 2027, as
directed by the Mandate Letter dated February 14, 2022.
This is to advise the Board that, on September 27, 2023, NB Power received a Directive from
the Executive Council, under the provisions of section 69 of the Electricity Act, altering the date
by which NB Power is directed to achieve the equity goal. Specifically, NB Power is directed as
follows:
1. To make plans to achieve the equity target of 20% by March 31, 2029, through a
combination of cost minimization and other appropriate mechanisms that will, consistent
with the achievement of that target, maintain rates as low as practicable; and
2. To incorporate the directive to achieve the target by March 31, 2029 into its forecast
operating budgets, capital expenditures and rate forecasts for each of the 2024/25
through 2026/27 fiscal years, being the three fiscal years of the next required Three Year
Plan.
I attach a copy of the Directive for your reference.
Section 69 of the Electricity Act requires NB Power’s Board of Directors to take this updated
Directive into consideration. NB Power’s management has been instructed by the Chairman of
the Board of Directors to prepare and present updated plans and related forecasts for the
consideration of the Board of Directors.
This has obvious implications for the filing of NB Power’s GRA. Only upon receipt of further
instruction from the Board of Directors will NB Power’s management be able to finalize the GRA
and the Three Year Plan. NB Power has not yet had the opportunity to assess the time required
to engage in the process of updating the forecasts for consideration by the Board of Directors,
and preparing the GRA and Three Year Plan based on further instruction from that Board.
and preparing the GRA and Three Year Plan based on further instruction from that Board.
Based on this, I wanted to advise the Board as quickly as possible that NB Power will not be in
a position to file the GRA by October 4, 2023. NB Power will advise the Board as soon as it has
a reasonable estimate of the date it will be able to do so.
I trust this is satisfactory to the Board. Please advise if you require anything further from NB
Power.
Kindest Regards,
Darren Murphy
Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541
John Furey<JohnFurey@fureylegal.com> | Wed, 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:
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 Email: JohnFurey@fureylegal.com Phone: 506-444-1328 Fax: 506-300-2076
| |||||||||||||||||||||||
Court of Appeal File No.:
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.
NOTICE OF APPLICATION AVIS DE REQUETE
(FORM 16D) (FORMULE 16D)
(FORM 16D) (FORMULE 16D)
TO:
Canadian Federation of
Independent Business
do Louis-Philippe Gauthier
814 Main Street
Moncton, NB E1C 1E6
Canadian Federation of
Independent Business
do Louis-Philippe Gauthier
814 Main Street
Moncton, NB E1C 1E6
David Amos
P0 Box 809
Kars,NB E5T2X2
DESTINATAIRE:
,,-
AND
 |
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 | |
YO Higgy One month later and still CBC does not consider the Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541 newsworthy EH?
David Amos<david.raymond.amos333@gmail.com> | Thu, Aug 3, 2023 at 9:59 PM |
| To: "blaine.higgs" <blaine.higgs@gnb.ca>, "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>, John Furey <JohnFurey@fureylegal.com>, "Holland, Mike (LEG)" <mike.holland@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, "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> | |
| Cc: motomaniac333 <motomaniac333@gmail.com>, nouvelle@acadienouvelle.com, Frederic Cammarano <frederic.cammarano@radio-canada.ca>, Newsroom <Newsroom@globeandmail.com> | |
https://davidraymondamos3. Saturday, 29 July 2023 N.B. Power lost $43M last year, saw total debt increase to $5.4B https://www.cbc.ca/news/ N.B. Power lost $43M last year, saw total debt increase to $5.4B Customers face rate surcharges if additional off-the-books losses aren’t erased by fall Jacques Poitras · CBC News · Posted: Jul 28, 2023 3:48 PM ADT Company's name on the side of a stone building. N.B. Power is showing a loss of $43 million in fiscal 2022-23, mostly because of problems at the Bayside natural gas plant and Point Lepreau nuclear generating station. (Michael Heenan/CBC) N.B. Power customers could face extra surcharges on their electricity next spring after the utility wracked up tens of millions of dollars in losses last year. Financial statements filed at the legislature show a loss of $43 million in fiscal 2022-23, mostly due to problems at the utility's Bayside natural gas plant and its Point Lepreau nuclear generating station. CEO Lori Clark cited outages at the two plants, higher prices and other factors. "NB Power operates in a complex business environment and we experienced many challenges in 2022/23 that were outside of our control, including higher fuel prices due to the global energy crisis and inflation," Clark said in a statement. Woman with shoulder-length brown hair with a serious look on her face. N.B. Power CEO Lori Clark said there were a number of things 'that were outside of our control, including higher fuel prices,' soaring inflation, and outages at Bayside and Lepreau. (Ed Hunter/CBC) The figure of $43 million doesn't include another $234 million in losses that the Crown corporation is allowed to shift off its balance sheet and into a separate deferral account — essentially a different accounting envelope. It can then recoup the money from customers with surcharges. That calculation will be made in October, meaning an influx in revenue in the next three months could erase or reduce the losses in the deferral account and avoid or mitigate the need for surcharges. Customers would see those extra amounts on their bills next April. Either way, the 2022-23 statements show that losses that have driven N.B. Power's debt back up to 94 per cent of its equity, the same as it was in 2020. The progress it was making — the figure was down to 87 per cent in 2022 — has been wiped out. The debt now stands at $5.4 billion. power plant with four large, red-and-white stacks extending into the air with a bright blue sky in the background. The Bayside natural gas generating station is part of N.B. Power's Courtney Bay generating complex in Saint John. (Robert Jones/CBC) N.B. Power saw its costs soar last year after its Bayside gas plant in Saint John required a new turbine and generator at a cost of around $46 million — the same price the utility paid to buy the facility in 2019. The utility's nuclear generation station at Point Lepreau also had a bad year, forcing N.B. Power to buy replacement power from Quebec. The extra electricity purchases cost $269 million and were offset by $34 million of extra revenue from higher-than-expected electricity sales, leaving a total of almost $234 million in losses in the deferral account. The surcharges to customers are subject to approval by the Energy Utilities Board and can't add more than three per cent to any regular rate increase. The losses make it more difficult for N.B. Power to reach the target set by the Higgs government of getting its debt to 80 per cent of equity by 2027. The utility pointed to that objective in a recently filed court application attempting to overturn a March rate ruling by the EUB. 8.9% hike requested N.B. Power asked the EUB for an 8.9 per cent rate hike to take effect April 1, but the board ruled that updated figures from the utility warranted only a 5.7 per cent increase. A surplus in the deferral account last October required the corporation to rebate customers, which shaved another percentage point off its rate increase, reducing it to 4.8. But the utility says the EUB failed to use a broader set of new numbers in its decision and also failed to take into account that 2027 debt-to-equity ratio goal. It's asking the New Brunswick Court of Appeal to award it the 8.9 per cent increase it asked for. Clark's statement said the corporation's leadership is "committed to making the necessary changes to improve N.B. Power's financial situation and are expecting stronger results in the new 2023/24 fiscal year." She said the new strategic plan includes "transforming our overall operations and seeking new partnerships to positively impact the bottom line." A picture taken from the air of a nuclear power plant on the edge of the land next to the Bay of Fundy. Point Lepreau also had a bad year, forcing N.B. Power to buy replacement power from Quebec for $269 million, although that was offset by $34 million of extra revenue from higher-than-expected electricity sales, leaving a total of almost $234 million in losses in the deferral account. (Shane Fowler/CBC) Among those partnerships is a possible deal with Ontario Power Generation to have that utility take an ownership stake in Point Lepreau. But even that, and a court victory awarding N.B. Power a higher rate increase, wouldn't mark the end of the utility's financial challenges. It recently filed its environmental impact assessment application for an upgrade of the Mactaquac hydroelectric power dam that could cost $2.7 billion to $3.7 billion and must be undertaken soon. N.B. Power also has yet to settle on how — or whether — to convert its Belledune coal generating station to another energy source — another costly project — ahead of a federal phase-out of coal power in 2030. ABOUT THE AUTHOR Jacques Poitras Provincial Affairs reporter Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. He grew up in Moncton and covered Parliament in Ottawa for the New Brunswick Telegraph-Journal. He has reported on every New Brunswick election since 1995 and won awards from the Radio Television Digital News Association, the National Newspaper Awards and Amnesty International. He is also the author of five non-fiction books about New Brunswick politics and history. CBC's Journalistic Standards and Practices 70 Comments David Amos Its High Time this fact was reported "It's asking the New Brunswick Court of Appeal to award it the 8.9 per cent increase it asked for" Danny Debdee The amount of money it takes to generate and distribute power to every backwoods settlement in NB is insane. Maybe those people that want to live in the middle of nowhere and pay minimal property taxes, can pay abit more in Power service charges. Michael Cain Reply to Danny Debdee They pay more for the price of pollution. Don Corey Reply to Danny Debdee That would be insanely discriminatory, but probably not beyond the realms of possibility for a utility consistently that pays out big bonuses for ongoing mediocre performances. https://www.cbc.ca/news/ New N.B. Power plan shows 'considerable uncertainty' on net-zero emissions ‘No silver bullet’ to hit federal target in 2035, utility says in new electricity projection Jacques Poitras · CBC News · Posted: Aug 03, 2023 3:41 PM ADT Company's name on the side of a stone building. N.B. Power updates its resource plan every three years with a rolling projection of where and how it can generate electricity to meet demand at low cost. (Michael Heenan/CBC) N.B. Power is continuing to grapple with major uncertainty as it lays out its plan to decarbonize its electricity grid in time for a 2035 deadline. A mix of wind power, a costly upgrade to the Mactaquac dam, an extension to the life of its Bayside gas-fired plant and small modular reactors are all essential, the utility says in its latest three-year outlook. "The general takeaway is that there is no silver bullet," says the 2023 Integrated Resource Plan, filed with the Energy and Utilities Board last week. N.B. Power updates the document every three years with a rolling projection of where and how it can generate electricity to meet demand at as low a cost as possible. That forecast has become increasingly complicated, given the utility's huge debt, increasingly stringent federal emissions-reduction requirements and the looming need to shut down or extend several major power plants. power plant with four large, red-and-white stacks extending into the air with a bright blue sky in the background. The Bayside natural gas generating station is part of N.B. Power's Courtney Bay generating complex in Saint John. An extension to the life of this plant may be needed. (Robert Jones/CBC) The document acknowledges that there are still big questions on how N.B. Power can comply with national objectives to combat climate change. It says the utility "continues to explore options" for the Belledune generating station, which must stop burning coal by 2030. Another section says there remains "considerable uncertainty on achieving a net-zero electricity system in New Brunswick." Still, the plan shows which way N.B. Power is leaning: toward small modular nuclear reactors and away from a costly linking of five provincial power grids known as the Atlantic Loop. Without small modular reactors, the resource plan says, the utility will have to rely on "variable" renewable power generation, like wind and solar, that depend on weather conditions. That would would mean "completely altering the dynamics of daily operations, creating significant risk." An aerial shot of a dam surrounded by water with green grass and trees on the banks.N.B. Power's latest resource plan says the Mactaquac hydro dam — in need of a $3-billion refurbishment — remains 'a key pillar in the transition to a net-zero electricity system.' (Shane Fowler/CBC News ) It also says the cost of developing small modular nuclear reactors are a "significant unknown," and the timing of their deployment will depend on the pace of technology development. "Until more certainty on all of these issues is obtained, a full cost-benefit analysis cannot be completed and therefore is not in this analysis," the plan says. Assessment ordered by province ARC Clean Energy told a committee of MLAs earlier this year that it should have a 100-megawatt reactor ready by 2030, but that wouldn't be enough to replace what Belledune generates with coal. The province announced Thursday it was ordering an environmental impact assessment of ARC's proposal. Moltex Energy, the other company working on a model in New Brunswick, plans 300-megawatt reactors but says they won't be ready for 2030. The report touts the potential job and economic impact of the two companies' SMR models, including a projected $1 billion in additional gross domestic product. The Atlantic Loop would expand the electrical grid connections between Quebec and New Brunswick and New Brunswick and Nova Scotia to provide greater access to renewable electricity, like hydro from Quebec. The Atlantic Loop would expand the electrical grid connections between Quebec and New Brunswick and New Brunswick and Nova Scotia to provide greater access to renewable electricity, like hydro from Quebec. (CBC) The plan has no such promotion of the economic upside of the Atlantic Loop, which would connect the grids in the four Atlantic provinces and Quebec to allow for more sharing of hydroelectric power from Quebec and Labrador. Instead, it pegs the cost of constructing new transmission links and buying extra hydro power from Quebec at $270-$310 million in the 2040s, seven to nine per cent higher than the cost of other scenarios that don't include the loop. The scramble for non-emitting electricity generation is driven by the federal government's climate targets, which include net-zero greenhouse gas emissions by 2050 and net-zero electricity generation even sooner — by 2035. A brown and beige building with a single smokestack with the NB Power symbol on the front. The federal government has said that N.B. Power's Belledune generating station will not be allowed to burn coal past 2030. (N.B. Power) The new resource plan says N.B. Power will have eliminated 98 per cent of its emissions from electricity by then, with the remaining two per cent — about 175,000 tonnes of greenhouse gas, the equivalent of 3,500 cars — needed to ensure the grid is reliable. Plants like Bayside and Coleson Cove might have to remain in service to provide that backup power past 2035. "The small volume of outstanding emissions can be more appropriately addressed in subsequent IRPs as the future landscape and policies become more certain," the plan says. The utility has asked for proposals for new wind, solar, tidal and battery storage programs and has been promoting energy efficiency. But those efforts won't get far without a major shift in its large-scale generating capacity away from fossil fuels. That's why the Mactaquac hydro dam — in need of a $3-billion refurbishment to extend its life to 2068 — remains "a key pillar in the transition to a net-zero electricity system," the report says. A red and white sign with black letters stands in front of an indsutrial site with billowing smoke stacks. The fossil fuel powered generating station at Coleson Cove might have to remain in service to provide backup power past 2035. (Roger Cosman/CBC) "Mactaquac plays a valuable role of enabling the low-cost integration of renewables which becomes increasingly important in the future." Without the dam to fill the gap on days with no sun or no wind, "the costs quickly balloon," the report says. The Atlantic Loop is projected to cost $6 billion. Analysis Carrot or stick? Frugal Higgs is a fan of Ottawa's big spending on clean-energy projects. Analysis New Brunswick's energy puzzle comes into focus at climate committee meetings Ottawa announced new policies earlier this year, including loans and tax credits, that could make the project more affordable for provinces and their power utilities. But N.B. Power's plan says the overall price tag remains "a significant hurdle" because the electricity imported from Quebec would not always be available, forcing the utility to maintain costly generation capacity in New Brunswick. "There would need to be a larger savings on the side of generation and purchased power costs to make the project viable, but we see the opposite happening," the report says. Debt reduction ordered Cost is a major issue for the utility, whose latest financial statements show its cumulative debt climbing back up to $5.4 billion, or 94 per cent of its equity. The Higgs government has ordered it to reduce its debt to 80 per cent of equity by 2027 — a tall order with several costly projects on the horizon. According to the resource plan, a survey of New Brunswickers showed that customers consider low power rates a higher priority than clean energy or debt management. In a recent Narrative Research poll, 79 per cent of New Brunswick respondents said they were concerned about climate change, and 70 per cent agreed that the increasing frequency and intensity of heat waves and forest fires are linked to climate change. ABOUT THE AUTHOR Jacques Poitras Provincial Affairs reporter Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. He grew up in Moncton and covered Parliament in Ottawa for the New Brunswick Telegraph-Journal. He has reported on every New Brunswick election since 1995 and won awards from the Radio Television Digital News Association, the National Newspaper Awards and Amnesty International. He is also the author of five non-fiction books about New Brunswick politics and history. CBC's Journalistic Standards and Practices https://davidraymondamos3. Friday, 24 February 2023 New Brunswick's energy puzzle comes into focus at climate committee meetings https://www.cbc.ca/news/ New Brunswick's energy puzzle comes into focus at climate committee meetings Hearings on small nuclear reactors highlight N.B. Power’s electricity challenge in coming decades Jacques Poitras · CBC News · Posted: Feb 24, 2023 6:00 AM AST A brown and beige building with a single smokestack with the NB Power symbol on the front. Belledune is New Brunswick's last coal-fired power plant and must shut down, or convert to another fuel source, in time for a federal coal phaseout in 2030. (N.B. Power) The energy puzzle that N.B. Power is trying to solve in Belledune and Mactaquac in the next decade came into sharper focus this month after several days of hearings at the New Brunswick Legislature. It became clear small modular nuclear reactors aren't, on their own, the magic bullet that will replace coal in the next seven years, or achieve net-zero emissions by 2050. But utility officials made it equally clear it'll be much harder to get there without them. "The one thing I can tell you based on what we know today is there's no one solution. We need to throw everything we've got at a net-zero future," said Brad Coady, N.B. Power's executive director of business development and strategic planning. Coady underscored the key role of emissions-free nuclear power when he told MLAs that if the Point Lepreau generating station near Saint John hadn't started operating in 1983, there would now probably be three coal-fired power plants in Belledune, in northern New Brunswick, not just one. "Our whole carbon picture in New Brunswick would be completely different," he said. A man seated at a table N.B. Power's Brad Coady said giving up the Mactaquac Dam's clean, renewable, emissions-free electricity is virtually unthinkable in light of the net-zero target. (John Collicott/CBC News) Coady acknowledged cost overruns and performance issues at Point Lepreau but said without the plant, three coal plants in Belledune might be generating 2,000 megawatts of greenhouse-gas emitting power, not just the current 450. "That would have been an absolute nightmare to solve today if we hadn't had nuclear in our mix." Renewable power not enough, MLA told The two days of meetings of the legislature's climate change and environmental stewardship committee were held so supporters and opponents of small reactors could make their case. But at times the sessions turned into a Jenga-like head-scratcher illustrating the complex challenge — and the high-risk decisions — facing the province. MLAs were told renewable power, like wind and solar, won't be enough to hit key deadlines. Belledune is New Brunswick's last coal-fired power plant and must shut down, or convert to another fuel source, in time for a federal coal phaseout in 2030. There's also a net-zero carbon goal looming in 2050. N.B. Power and the province are grappling with whether to extend the life of the utility's largest hydroelectric dam at Mactaquac, west of Fredericton on the St. John River. (James West/The Canadian Press) At the same time, N.B. Power and the province are grappling with whether to extend the life of the utility's largest hydroelectric dam at Mactaquac, west of Fredericton on the St. John River. And it's all happening amid record growth in the province — growth that will likely drive greater demand for electricity. The utility says the all-time record for peak demand, set the morning of Feb. 4 of this year in the midst of a harsh winter cold snap, won't be the last. "It's a trend. We're going to set peak demand records on a regular basis as we go forward," said Andy Hayward, the utility's chief nuclear engineer. "We're going to attract more population to the province. We're going to attract industry to the province. The demand's going to go up." Head and shoulders picture of a grey-haired man wearing glasses and an indentification lanyard. Bill Labbe of ARC Clean Energy says its first small modular reactor will be ready by 2030. (Jacques Poitras/CBC) Quebec wasn't able to export surplus power from its grid to New Brunswick on Feb. 4, Hayward said, and there was actually too much wind for turbines to generate power. "One of the reasons we look to nuclear is it's available 24/7," Hayward said. He and Coady cited a 2021 paper by University of New Brunswick economist and research chair Herb Emery, which said without Lepreau the province might still be emitting greenhouse gases at much higher 2005 levels. What, then, are the pieces of the puzzle N.B. Power has to work with? If nuclear power is a valid option, the question becomes whether the two companies developing small reactors in Saint John can pull it off and by what date. Rory O'Sullivan, CEO of Moltex Energy, says his company's proposed SMR won't be ready for 2030. (Ed Hunter/CBC) ARC Clean Energy says its first SMR will be ready to operate at Point Lepreau by 2030. But its 100 megawatts would not be enough to replace Belledune's 450 megawatts from coal. There would still be "a significant shortfall in megawatts," ARC CEO Bill Labbe said. ARC's small nuclear reactors won't fill electricity gap left by Belledune Nuclear opponents taking 'best shot' to slow approval of N.B.'s small reactors Moltex Energy Canada's proposed SMR, also to be located at Lepreau, would generate 300 megawatts, coming closer to filling the gap. But company CEO Rory O'Sullivan said it won't be ready for 2030. Moltex's technology will use waste from the existing Point Lepreau generating station to power its reactor. O'Sullivan said the company will build its waste facility by 2030 "or just after," and the reactor itself after that. So SMRs won't be enough to make up for Belledune in time for 2030 — even assuming Mactaquac remains in place. Small modular nuclear reactors operating at Point Lepreau may not be, on their own, the magic bullet that will replace coal in the next seven years. (Submitted by NB Power) N.B. Power's been talking about the dam refurbishment for a decade but no final decision has been made on the project, which carries an estimated cost of around $3 billion or more. As pricey as that is, Coady told MLAs that giving up the dam's clean, renewable, emissions-free electricity is virtually unthinkable in light of the net-zero target. "It almost becomes a no-brainer," he said. "You almost need to have it. There's alternatives if you don't [but] the costs of those alternatives are going to make Mactaquac look like it's very cheap, good value for money. We're going to have to get there." The dam also makes it easier for the utility to add other renewable sources to its grid, he said, because a dam can run all-out when demand is high, then gear down and store water during less busy times when wind can take over. Importing power another option N.B. Power recently issued a new request for proposals for an additional 220 megawatts of renewable power, the majority of it from wind, and 50 megawatts of battery storage capacity that would give it more flexibility when demand fluctuates. It's also shopping for a supply what's called torrified biomass in the coming year and will test it in March 2024 to see if it burns well at Belledune. Coady said the biomass product resembles charcoal briquettes and "kind of mimics the actions of coal." SMRs could be key weapon in climate-change battle, engineer says New Liberal leader questions small nuclear reactors It could burn enough to replace Belledune's full 450-megawatt update and would be considered carbon neutral because it would come from sustainably harvested forests, the utility said. Importing power is another piece of the puzzle, especially if the proposed Atlantic Loop — a regional connection of provincial power grids — is built, allowing N.B. Power to buy more hydroelectricity from Quebec and Labrador. N.B. Power will issue its latest integrated resource plan this fall, a document published every three years that projects where and how it will generate electricity into the future. Coady pointed out that when the last one was published in 2020, Ottawa hadn't approved the province's carbon pricing system for large industry. And at the time the one before that was released, there was no federal requirement to phase out coal — so the plan will always have to adapt to new realities and alternative scenarios, he told the committee. "There will be a Plan B, C and D for net zero for New Brunswick, under all scenarios with and without nuclear, and with and without Mactaquac, I might add." ABOUT THE AUTHOR Jacques Poitras Provincial Affairs reporter Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. He grew up in Moncton and covered Parliament in Ottawa for the New Brunswick Telegraph-Journal. He has reported on every New Brunswick election since 1995 and won awards from the Radio Television Digital News Association, the National Newspaper Awards and Amnesty International. He is also the author of five non-fiction books about New Brunswick politics and history. CBC's Journalistic Standards and Practices 86 Comments David Amos Content Deactivated Welcome back to the circus Al Clark Btw, I expect the "look what you made us do" story below about the pd to go national. 👏 Shane! Don Corey There are a few things that really stand out here: 1. Like it or not, the rate increase NB Power is looking for will be the norm (if not even higher) for well into the future 2. With Belledune coal phased out by 2030 (just 7 years away), we could well be looking at electricity shortages at times right here in NB 3. Demand for electricity will definitely be going up 4. NB Power will have to refurbish/rebuild Mactaquac 5. The path to net zero by 2050 is about as clear as the mud (thanks Justin and Stevie Greenpeace) 6. Carbon taxes have done nothing, and will continue to do nothing, to drive the transition to lower carbon emissions (all they contribute to is a higher inflation rate). Rosco holt Reply Don Corey The carbon file has been kick down the road too many times, the carbon tax has changed how people are doing things, but what is missing is the involvement from big polluters which provincial governments are protecting. But what The Activist Steve is doing wrong is not having affordable alternatives available. David Amos Content Deactivated Reply Don Corey Have you ever checked my work within the EUB? William Peters It's not emissions free. Neither is driving an electric car. If you consider the normal emissions of an internal combustion engine during its entire life you are buying into 80% of those emissions instantly before you even start your electric car. That means we are instantly achieving many years worth of emissions to get into this newer technology. The entire truth is not to say there isn't one solution. The entire truth is to say there is no solution to our financial need for growth. There are much easier and attainable solutions. Get rid of cars altogether. Stop flying. Stop eating meat. Start building with an eye towards not using energy. The solution is to use technology to use less of what industry tries to make, not to give us more of what will use more. What targets they are trying to meet are dishonest to begin with. Bankers want growth, and growth means growth in emissions. The entire life cycle emissions of the Lepreau nuclear plant would make your head spin. Every dollar borrowed to build it is in fact a claim on more emissions, because we emit to produce work from which we get the proceeds to pay debt. Who is in the seat of power saying we need to do less and to concentrate on shrinking our impacts? They are all committed to trying and make their old schemes work to pay off debts which have us by the throat. The world will burn as we strive to maintain financed existences which are obscene in their wants if we are honest. David Amos Content Deactivated Reply to William Peters Methinks its quite a tangled web they weave when they practice to deceive dumb bureaucrats and politicians N'esy Pas? Tom Gordon Seems like Lepreau has been a money pit since it was opened. David Amos Reply to Tom Gordon Oh So True https://davidraymondamos3. 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. 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. If your concern is constituency related, please contact Rose Ann at my constituency office in Fredericton Junction at RoseAnn.Smith@gnb.ca or call 506-368-2938. Thanks again for your email. ============================== Merci pour votre courriel. Vos pensées et commentaires sont grandement appréciés. Vous pouvez être assuré que tous les courriels sont lus, examinés et pris en considération. Si vous souhaitez signaler un état de la route, veuillez composer le 1-833-384-4111 ou envoyer un courriel à transportnb@gnb.ca. Si votre préoccupation concerne la circonscription, veuillez communiquer avec Rose Ann à mon bureau de circonscription à Fredericton Junction à RoseAnn.Smith@gnb.ca ou composer le 506-368-2938. Merci encore pour votre courriel. John Furey <JohnFurey@fureylegal.com> Fri, Jul 7, 2023 at 2:23 AM To: David Amos <david.raymond.amos333@gmail. Reply | Reply to all | Forward | Print | Delete | Show original 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@ To: David Amos <david.raymond.amos333@gmail. 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. | |
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?
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.
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. | |
Methinks Mr Jones should report what I said to the EUB et al last week before this strange decision was made N'esy Pas?
David Amos<david.raymond.amos333@gmail.com> | Sat, Mar 18, 2023 at 3:13 PM |
| To: Mike.Holland@gnb.ca, NBPRegulatory@nbpower.com, "ceo@fermenbfarm.ca" <ceo@fermenbfarm.ca>, "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "Ron.marcolin@cme-mec.ca" <Ron.marcolin@cme-mec.ca>, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "nrubin@stewartmckelvey.com" <nrubin@stewartmckelvey.com>, "coneil@stewartmckelvey.com" <coneil@stewartmckelvey.com>, "lmclements@stewartmckelvey.com" <lmclements@stewartmckelvey.com>, "pbowman@bowmaneconomics.ca" <pbowman@bowmaneconomics.ca>, "brudderham@stewartmckelvey.com" <brudderham@stewartmckelvey.com>, "JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>, "Petrie, Jamie" <JPetrie@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>, "Waycott, Stephen" <SWaycott@nbpower.com>, "Porter, George" <George.Porter@nbpower.com>, "Crawford, Brad" <BCrawford@nbpower.com>, Veronique Otis <Veronique.Otis@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com" <Aherrington@lawsoncreamer.com>, "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>, "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "bhavumaki@synapse-energy.com" <bhavumaki@synapse-energy.com>, "mwhited@synapse-energy.com" <mwhited@synapse-energy.com>, "prhodes@synapse-energy.com" <prhodes@synapse-energy.com>, "alawton@synapse-energy.com" <alawton@synapse-energy.com>, "jwilson@resourceinsight.com" <jwilson@resourceinsight.com>, "pchernick@resourceinsight.com" <pchernick@resourceinsight.com>, Melissa Curran <Melissa.Curran@nbeub.ca>, "richard.williams@gnb.ca" <richard.williams@gnb.ca>, "rdk@indecon.com" <rdk@indecon.com>, "tammy.grieve@mcinnescooper.com" <tammy.grieve@mcinnescooper.com>, "paul.black@twinriverspaper.com" <paul.black@twinriverspaper.com>, "Hoyt, Len" <len.hoyt@mcinnescooper.com>, "tyler.rajeski@twinriverspaper.com" <tyler.rajeski@twinriverspaper.com>, "darcy.ouellette@twinriverspaper.com" <darcy.ouellette@twinriverspaper.com>, "dan.murphy@umnb.ca" <dan.murphy@umnb.ca>, "jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com" <shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>, "pierreroy@edmundston.ca" <pierreroy@edmundston.ca>, "ryan.mitchell@sjenergy.com" <ryan.mitchell@sjenergy.com>, "sstoll@stollprofcorp.com" <sstoll@stollprofcorp.com>, "pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>, "ablair@elenchus.ca" <ablair@elenchus.ca>, "brchapman@caenergy.com" <brchapman@caenergy.com>, "McKay, Pam" <PMcKay@nbpower.com>, Dan Dionne <dan@vilsv.ca>, "Roy, Pierre" <pierre.roy@edmundston.ca>, "Gibson, Kevin" <KevGibson@nbpower.com>, HO CR - HO 4 Board Room <hocrho4boardroom@nbpower.com>, "Murray, Carol" <CaMurray@nbpower.com>, "Goddard, Rosmary" <RGoddard@nbpower.com>, "Stevenson, Veronique Janie" <VStevenson@nbpower.com>, "Meng, Ryan John" <RMeng@nbpower.com>, "Murray, Leanne" <LMurray@nbpower.com> | |
| Cc: motomaniac333 <motomaniac333@gmail.com>, "blaine.higgs" <blaine.higgs@gnb.ca>, "Rene.Legacy" <Rene.Legacy@gnb.ca>, David.Coon@gnb.ca, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>, "Arseneau, Kevin (LEG)" <kevin.a.arseneau@gnb.ca>, "Dominic.Cardy" <Dominic.Cardy@gnb.ca>, "John.Williamson" <John.Williamson@parl.gc.ca>, "Mike.Comeau" <Mike.Comeau@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>, "robert.gauvin" <robert.gauvin@gnb.ca>, "robert.mckee" <robert.mckee@gnb.ca>, "Clark, Lori" <lclark@nbpower.com>, cvfirlotte@gmail.com | |
https://davidraymondamos3. Saturday, 18 March 2023 N.B. Power turned down for 8.9% rate increase https://www.cbc.ca/news/ N.B. Power turned down for 8.9% rate increase Utility has been ordered to recalculate its numbers Robert Jones · CBC News · Posted: Mar 17, 2023 3:15 PM ADT A side profile of a man with a beard looking down Acting public intervener Rick Williams said the 'magnitude' of changes the EUB has ordered look to be significant. (Ed Hunter/CBC) The New Brunswick Energy and Utilities Board has declined to award N.B. Power the 8.9 per cent rate increase it was asking to impose April 1, and may cut it by as much as half, according to one estimate of a partial decision in the matter released by the board this week. "It's likely to be half of that," said Rick Williams, referring to where the 8.9 per cent rate increase proposal will end up. Williams was acting public intervener during N.B. Power's rate hearing and said the "magnitude" of changes the EUB has ordered in the rate application looks to be significant. "Definitely," he said. A women in a suit looks off to the side. N.B. Power's acting president Lori Clark laid out the utility's case for an 8.9 per cent rate increase during the first day of hearings in February.. (Jonathan Collicott/CBC) On Thursday, the EUB delivered what it called a "partial decision" on N.B. Power's rates for the coming year and made it clear it found the utility's request for an 8.9 per cent increase to be deficient. "The Board is not satisfied that the rates, as applied for, are just and reasonable," the regulatory body wrote. Citing N.B. Power's use of stale cost data from early June 2022 in its original application for April 2023 rates, the EUB said it wanted to base its decision on more recent information the utility was forced to disclose during two weeks of hearings that took place last month. Those estimates showed major improvements in some of N.B. Power's financial prospects for the coming year, but how much money that would strip out of its need for a rate increase is not entirely clear. N.B. Power has been instructed to recalculate a significant proportion of its fuel and purchased power cost estimates and resubmit those along with a recalculated rate increase. Opponents of N.B. Power rate increase focus attention on stale budget numbers Final arguments set to begin over request for an 8.9% power rate increase "N.B. Power is ordered to refile its 2023/2024 test-year budget with the above-noted adjustments identified, cost of service study with adjustments, proof of revenue, and the resulting rates," said the board. N.B. Power had no immediate comment on the decision, or what its final calculation of the rate increase will be, given the changes ordered by the EUB. "We plan to take time to review the ruling in full before responding to questions," wrote N.B. Power communications officer Dominique Couture. N.B. Power's original application to the EUB was for a rate increase large enough to bring in $135.8 million in new revenue. It was based on what Lori Clark, the utility's acting president, told the board was needed to cover inflation, rising interest rates and operational troubles battering the organization. "In a single year, the cost of fuel and purchased power necessary to supply customers in New Brunswick has increased by $102.8 million," Clark told the hearing. "This has occurred largely due to market price increases for natural gas, heavy fuel oil and electricity." But the utility struggled to defend the trustworthiness of those numbers as the hearing progressed, given they had been put together months earlier, in early June 2022. Original projections stale In a pivotal moment days into testimony of N.B. Power witnesses, a lawyer for J.D. Irving Ltd., Conor O'Neil, won an admission that at least two internal updates of those projections had been put together by the utility since last June but were not shared with the hearing. The board ordered them to be produced and the new numbers confirmed suspicions that N.B. Power's original projections were stale, and the company's revenues and expenses for next year were up to $106.4 million better than its budget showed. But the update also revealed N.B. Power's current year has involved significant losses that have ballooned its net debt by $380 million and would add up to $30 million next year in unbudgeted interest costs. In its partial decision, the EUB said it would add those interest costs to what the utility needs for next year, but will also subtract out at least some of the exaggerated amounts from its original budget caused by stale estimates. Williams said it is not possible to pinpoint where that back and forth will leave the rate increase, but he believes the final figure will be known within the week, and it will not be close to 8.9 per cent. 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 41 Comments David Amos Methinks Mr Jones should report what I said to the EUB et al last week before this strange decision was made N'esy Pas? YO Mikey Holland I just called Say Hey Mr Furey and Mr Petrie for me will ya? | |
Charles V. Firlotte Appointed NB Power Board Chair
2021-03-04
NB Power of Fredericton, New Brunswick, is pleased to announce the appointment of Charles (Chuck) Firlotte as Chair of its Board of Directors.
Mr. Firlotte is a seasoned executive with both domestic and international experience in environmental, energy and utility service industries in Canada, the USA, the United Kingdom, China and Turks and Caicos, British West Indies. He brings a proven record of driving customer satisfaction and shareholder value to his new role.
As principal of Laurent Maxime Consultancy, Mr. Firlotte provides management consulting services dedicated to helping businesses thrive. He has worked with company leaders in Canada, the United States and the Caribbean, guiding them through strategic planning and leadership development. Mr. Firlotte honed his expertise over the course of three-plus decades, including more than 15 years as President and CEO of Aquarion Company, the seventh largest, private water utility in the United States.
“I am honoured to chair the Board of Directors as we lead NB Power through a transformational change in the way it does business,” says Mr. Firlotte. “We will focus on achieving financial results for New Brunswickers, evolving and expanding NB Power’s services and customer experience and minimizing our environmental footprint while continuing to provide reliable, essential service that powers all of New Brunswick.”
Originally from northern New Brunswick, Mr. Firlotte has maintained his connection with the province while residing in the United States and Britain. He earned an undergraduate degree from St. Thomas University (where he served on the board of directors from 2004 to 2014) and a graduate degree from the faculty of social sciences, University of Ottawa. He also is a graduate of the Advanced Management Program, Harvard Business School.
Since joining the NB Power Board in 2014, Mr. Firlotte has leveraged his experience to offer strategic and thoughtful insights that have been invaluable to the Board and management. His inspirational and effective change leadership approach will provide essential guidance to NB Power’s management and the Board to successfully transform the way NB Power does business.
Mr. Firlotte assumed the role of Chair following the retirement of Ed Barrett, who joined the NB Power Board of Directors in 2007 and assumed the role of Chair in 2010. NB Power appreciates the leadership Mr. Barrett provided the Board through his unique combination of strengths in business management and corporate governance, complemented by his commitment to serving the province and the people of New Brunswick.
MEDIA CONTACT: Sheila Lagacé, Communications, NB Power, 506-458-2345 or SLagace@nbpower.com.
https://www.cbc.ca/news/canada/new-brunswick/nb-power-electricty-crown-utility-1.6509994
N.B. Power CEO fired as utility embarks on 'transformational change'
Board of directors made decision to fire CEO Keith Cronkhite 2 years after he started in role
The company issued a statement Monday that president and CEO Keith Cronkhite would be stepping down from the position and that Lori Clark, the company's senior vice-president operations would be appointed to the role on an acting basis.
In an interview with CBC News, Charles Firlotte, chair of N.B. Power's board, confirmed the decision to remove Cronkhite was made by the board.
"The board is looking forward to the future and the energy sector in North America — indeed globally — is undergoing massive, massive change, transformational-like, and we need to follow suit.
"And we are also burdened with some pretty significant debt as well, and so we have a steep climb over the next few years and we're looking toward a transformational change from what N.B. Power is today, which is the last of the great monopolies, if you will, to an efficient energy provider for all New Brunswickers."
N.B. Power board chair Charles Firlotte said the company wants to make a transformational change in the way it operates. (CBC)
N.B. Power did not make Cronkhite available for an interview Monday afternoon.
His exit comes a little more than two years after he took on the role in April 2020.
A brief biography on N.B. Power's website describes him as having more than 30 years of industry experience.
It doesn't say how long he was with N.B. Power but that he held positions of increasing responsibility within the operations and corporate departments, including his previous role as senior vice-president of business development and strategic planning.
At the time Cronkhite became CEO, N.B. Power had just faced a wave of public scrutiny for its investment in Florida-based Joi Scientific's plan to turn seawater into electricity.
It was also facing pressure to reduce its $4.9 billion debt, which New Brunswick's auditor-general in 2020 said represented 94 per cent of the company's equity.
The Blaine Higgs government has ordered the utility to reduce its debt to 80 per cent of equity by 2027, but in the 2020-21 fiscal year, its debt went up by $9 million.
Natural Resources and Energy Development Minister Mike Holland wasn't made available for an interview, but in an email statement said he reviewed the board's recommendation to fire Cronkhite, and ultimately accepted it.
"The Board of Directors has our full support as it embarks on this corporate transformation for improved performance," Holland said.
Launching strategic review
Along with its decision to remove Cronkhite, N.B. Power has hired PricewaterhouseCoopers to lead a strategic review, "which will include identifying immediate ways to optimize the current cost structure and meet debt obligations, as well as identifying alternative solutions to meet New Brunswickers' power needs in a cost competitive, reliable and environmentally sustainable way," according to its news release.
The board is also starting a search for a new CEO, which is expected to take "several" months.
Speaking to CBC News, Firlotte said an example of new strategies to meet the province's energy needs could look like what was done by Saint John Energy with its Burchill wind-turbine program.
"We have a large coal-fired plant in in Belledune that has a life expectancy of just six or seven years, at least in burning coal, and Coleson Cove, oil-fired as well," Firlotte said.
"So those are going to be essentially stranded assets that we have to replace and we have to make that migration toward, toward renewables as well, to be sure."
Change a good thing, says environmental advocate
Louise Comeau, director of climate change and energy solutions with the Conservation Council of New Brunswick agrees N.B. Power needs to significantly pivot in the way it operates.
"The whole world is moving toward using electricity day-to-day in their lives, and N.B. Power is not ready for that future at all," Comeau said.
Louise
Comeau, director of climate change and energy solutions with the
Conservation Council of New Brunswick, said she's pleased NB Power is
poised to make big changes to how it operates. (Kirk Pennell/CBC)
Comeau said large electricity utilities tend to be "conservative" in the way they operate, leaving them slow to respond to new challenges and changes in technology.
She said as an example. the company has poured money into the Point Lepreau Generating Station, leading to much larger debt.
"And that affects rates and it limits our options for the future, particularly around the need for renewable energy, more efficiency, a more flexible energy system.
"We have a fairly traditional approach to that, and we need to think about a new way to generate electricity and to manage electricity."
A surprise for some
Cronkhite's firing came as a surprise to Bathurst West-Beresford MLA Rene Legacy, who serves as energy critic with the Liberals.
He said he has spoken with Cronkhite during house committee meetings and found him to be intelligent and well-spoken.
Plus, he thought N.B. Power was already heading in a new direction under his leadership, especially the recent amendments to the Electricity Act that give the company the ability to pursue new revenue-generating ventures.
Bathurst
West-Beresford MLA René Legacy and Liberal energy critic said he's
surprised and concerned about the firing of Cronkhite. (Jacques Poitras/CBC)
"I guess my concern is in the last year-and-a-half, there's been a lot of files brought to the legislature around essentially setting a new direction, setting plans," Legacy said.
"And my understanding was Mr. Cronkhite was the architect of all this, so how do we tie in the fact that, you know, a person that was essentially in charge of all these changes is not there anymore?"
Legacy said N.B. Power's board also appears to be sending a confusing message over its priorities, and whether paying down its debt takes precedence over investing in new green technologies.
Whoever takes over as the next CEO, Kent North MLA Kevin Arseneau said he hopes they plot a long-term vision that sees the utility generating all of its electricity with renewable sources.
"What's extremely important when we talk about N.B. Power is that it's a Crown corporation, it's a public service," he said.
"And so they need to be at the service of the population of the province, moving forward with renewable energies and in a realistic and sustainable way, and bringing, obviously, our solar and wind projects up."
ABOUT THE AUTHOR
With files from Harry Forestell
51 Comments
David Amos
Surprise Surprise Surprise
David Amos
Reply to David Amos
NB Power Chair Steps Down
2023-03-23
The New Brunswick Power Corporation Board of Directors today announced that Charles (Chuck) Firlotte is stepping down from his role as Board Chair. Vice Chair Andrew MacGillivray will serve as the Chair.
“It has been an honour to serve on the NB Power Board for the past nine years, including the last three years as Board Chair,” says Firlotte. “With the appointment of Lori Clark, the first female President and CEO in the century-plus history of NB Power, the development of a strategic plan now ready for implementation, and a cost optimization review now complete, I depart with every confidence NB Power is on the right path toward a promising future. The Board is in great hands with Andrew MacGillivray, and I would like to thank Premier Higgs and Minister Holland for the opportunity to serve my province."
Andrew MacGillivray has been a member of the NB Power Board since April 2015 and has served as Vice Chair for the past six years. Mr. MacGillivray is the retired President and CEO of Gay Lea Foods, a large Canadian dairy co-operative. He serves as the Chair of the Moosehead and Crosby Advisory Boards. He is actively engaged in advising and supporting local businesses and community programs.
“On behalf of the Board of Directors, I would like to thank Chuck for his service to NB Power and the province of New Brunswick,” says MacGillivray. “I look forward to working with the Board and management to continue the work advanced under Chuck’s leadership.”
NB Power is the primary electric utility in New Brunswick. It provides reliable and safe energy that powers the homes, businesses and communities of more than 400,000 direct and indirect customers every day.
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?
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? ---------- Forwarded message ---------- From: David Amos <david.raymond.amos333@gmail. Date: Wed, 5 Jul 2023 14:51:55 -0300 Subject: Re: Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541 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 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. "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@ <Brandy.Gellner@ "Gilles.volpe@ <Gilles.volpe@ "dave.lavigne@ <dave.lavigne@ <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: > 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 > > | |
David Amos<david.raymond.amos333@gmail.com> | Fri, Jul 7, 2023 at 2:23 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>, 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, "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> | |
| Cc: motomaniac333 <motomaniac333@gmail.com>, nouvelle@acadienouvelle.com, Frederic Cammarano <frederic.cammarano@radio-canada.ca>, Newsroom <Newsroom@globeandmail.com> | |
https://davidraymondamos3. 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. 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. If your concern is constituency related, please contact Rose Ann at my constituency office in Fredericton Junction at RoseAnn.Smith@gnb.ca or call 506-368-2938. Thanks again for your email. ============================== Merci pour votre courriel. Vos pensées et commentaires sont grandement appréciés. Vous pouvez être assuré que tous les courriels sont lus, examinés et pris en considération. Si vous souhaitez signaler un état de la route, veuillez composer le 1-833-384-4111 ou envoyer un courriel à transportnb@gnb.ca. Si votre préoccupation concerne la circonscription, veuillez communiquer avec Rose Ann à mon bureau de circonscription à Fredericton Junction à RoseAnn.Smith@gnb.ca ou composer le 506-368-2938. Merci encore pour votre courriel. https://www.cbc.ca/news/ 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 Robert Jones · CBC News · Posted: Jul 06, 2023 6:00 AM ADT An aerial view of the Irving Oil property feature large barrels with the letters spelling Irving. The Irving Oil refinery in Saint John is Canada's largest, and the only one still operating in Atlantic Canada. The cost for it and other companies to comply with new federal clean-fuel regulations is unknown, but New Brunswick is allowing a new eight cent per litre charge to consumers to pay for it, double the four cents approved in Nova Scotia. (Mike Heenan/CBC) Nova Scotia's Utilities and Review Board has ruled that 3.74 cents per litre will be added to gasoline prices and 4.17 cents to diesel prices to account for the cost of new federal clean fuel regulations, which will begin to hit consumers on Friday. 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 federal carbon charges are going to cost you more. Here's why "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. New Brunswick consumers may face double carbon charges on July 1 EUB confirms 2 carbon-related price increases hitting N.B. pumps in July 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 604 Comments David Amos Content Deactivated 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 Content Deactivated Reply to David Amos Yet NB Power filing a legal action against the EUB is not? David Amos Content Deactivated 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 Content Deactivated Reply to Don Corey Methinks everybody knows about me versus the beancounters by now N'esy Pas? David Amos Content Deactivated 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 Content Deactivated 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. *This is an automated response* Thank you for contacting the Honourable Rob Moore, P.C., M.P. office. We appreciate the time you took to get in touch with our office. If you did not already, please ensure to include your full contact details on your email and the appropriate staff will be able to action your request. We strive to ensure all constituent correspondence is responded to in a timely manner. If your question or concern is time sensitive, please call our office: 506-832-4200. Again, we thank you for taking the time to share your thoughts and concerns. ~*~*~*~*~*~*~*~ Office of the Honourable Rob Moore, P.C., M.P. Member of Parliament for Fundy Royal rob.moore@parl.gc.ca Newsroom <newsroom@globeandmail.com> Thu, Jul 6, 2023 at 11:31 AM To: David Amos <david.raymond.amos333@gmail. Thank you for contacting The Globe and Mail. If your matter pertains to newspaper delivery or you require technical support, please contact our Customer Service department at 1-800-387-5400 or send an email to customerservice@globeandmail. If you are reporting a factual error please forward your email to publiceditor@globeandmail.com Letters to the Editor can be sent to letters@globeandmail.com This is the correct email address for requests for news coverage and press releases. David Amos <david.raymond.amos333@gmail. 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@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- <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 To: David Amos <david.raymond.amos333@gmail. 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@ To: David Amos <david.raymond.amos333@gmail. 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. | |
David Amos<david.raymond.amos333@gmail.com> | Mon, Jul 17, 2023 at 12:47 PM |
| 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>, newsroom@globeandmail.com, Paul.Adams@ppsc-sppc.gc.ca, fin.minfinance-financemin.fin@canada.ca, mcu <mcu@justice.gc.ca>, nick.moore@bellmedia.ca, jeremy.keefe@globalnews.ca, darrow.macintyre@cbc.ca, David.Coon@gnb.ca | |
| Cc: motomaniac333 <motomaniac333@gmail.com>, nouvelle@acadienouvelle.com, Frederic Cammarano <frederic.cammarano@radio-canada.ca> | |
Deja Vu??? https://davidraymondamos3. Wednesday, 1 November 2017 Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript ---------- Original message ---------- From: "Adams, Paul" Paul.Adams@ppsc-sppc.gc.ca Date: Thu, 2 Nov 2017 01:53:20 +0000 Subject: Automatic reply: Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript To: David Amos motomaniac333@gmail.com I will be out of the office until Tues. Nov. 14th and will not have access to my email. For urgent matters, please contact my assistant at 426-5758. Thanks. ---------- Original message ---------- From: Newsroom newsroom@globeandmail.com Date: Thu, 2 Nov 2017 01:53:27 +0000 Subject: Automatic reply: Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript To: David Amos motomaniac333@gmail.com Thank you for contacting The Globe and Mail. If your matter pertains to newspaper delivery or you require technical support, please contact our Customer Service department at 1-800-387-5400 or send an email to customerservice@globeandmail. If you are reporting a factual error please forward your email to publiceditor@globeandmail.com Letters to the Editor can be sent to letters@globeandmail.com This is the correct email address for requests for news coverage and press releases. ---------- Original message ---------- From: Green Party of Canada | Parti vert du Canada info@greenparty.ca Date: Thu, 02 Nov 2017 01:53:41 +0000 Subject: Re: Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript To: David Amos motomaniac333@gmail.com -- Please reply above this line -- ---------- Original message ---------- From: "MinFinance / FinanceMin (FIN)" fin.minfinance-financemin.fin@ Date: Thu, 2 Nov 2017 01:54:39 +0000 Subject: RE: Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript To: David Amos motomaniac333@gmail.com The Department of Finance acknowledges receipt of your electronic correspondence. Please be assured that we appreciate receiving your comments. Le ministère des Finances accuse réception de votre correspondance électronique. Soyez assuré(e) que nous apprécions recevoir vos commentaires. ---------- Original message ---------- From: David Amos motomaniac333@gmail.com Date: Wed, 1 Nov 2017 21:53:10 -0400 Subject: Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript To: jan.jensen@justice.gc.ca, Nathalie.Drouin@justice.gc.ca, bill.pentney@justice.gc.ca, Bill.Morneau@canada.ca, suzelle.bazinet@cas-satj.gc.ca andrew.baumberg@fct-cf.gc.ca, mcu@justice.gc.ca, Jody.Wilson-Raybould@parl.gc. paul.adams@ppsc-sppc.gc.ca, gabrielle.fahmy@cbc.ca, Patrick.Bouchard@rcmp-grc.gc. ralph.goodale@parl.gc.ca, Frank.McKenna@td.com, pm@pm.gc.ca, Gerald.Butts@pmo-cpm.gc.ca, Katie.Telford@pmo-cpm.gc.ca, Michael.Wernick@pco-bcp.gc.ca, Michael.Duheme@rcmp-grc.gc.ca, heather.bradley@parl.gc.ca, cmunroe@glgmlaw.com, MulcaT@parl.gc.ca, leader@greenparty.ca, andrew.scheer@parl.gc.ca, andre@jafaust.com, jbosnitch@gmail.com, Jacques.Poitras@cbc.ca, sylvie.gadoury@radio-canada.ca hon.melanie.joly@canada.ca, Hon.Dominic.LeBlanc@canada.ca, darryl.davies@carleton.ca, akemp@andrewkemp.ca, Gilles.Blinn@rcmp-grc.gc.ca, Larry.Tremblay@rcmp-grc.gc.ca, maxime.bernier@parl.gc.ca, dyazbeck@ravenlaw.com, Adam.Malik@lexisnexis.ca, Bruce.Kirkpatrick@rcmp-grc.gc. matthew.grace@lexinexis.ca, lise.henrie@cas-satj.gc.ca, christopher.rupar@justice.gc. Loik.Amis@lexisnexis.ca, comments@lawyersweekly.ca, victoria.jefferies@lexisnexis. Philippe.Joly@cie.parl.gc.ca, Paul.Lynch@edmontonpolice.ca, marc.giroux@fja-cmf.gc.ca, Andrew.Bailey@fca.org.uk, patrick_doran1@hotmail.com, pol7163@calgarypolice.ca, david.raymond.amos@gmail.com, nick.moore@bellmedia.ca, jeremy.keefe@globalnews.ca, newsroom@globeandmail.ca, news@kingscorecord.com, brian.hodgson@assembly.ab.ca, dan.bussieres@gnb.ca, maxnews@bellmedia.ca, steve.murphy@ctv.ca, lee.bell-smith@gnb.ca, serge.rousselle@gnb.ca, briangallant10@gmail.com, wharrison@nbpower.com, george.oram@gnb.ca, george.furey@sen.parl.gc.ca, darrow.macintyre@cbc.ca, David.Coon@gnb.ca Cc: david.raymond.amos333@gmail. rfife@globeandmail.com, Ezra@therebel.media, washington.field@ic.fbi.gov, Boston.Mail@ic.fbi.gov, bostncs@international.gc.ca http://www.nbeub.ca/opt/M/ http://davidraymondamos3. Wednesday, 1 November 2017 Methinks the RCMP, the FBI, the DHS and a lot of lawyers should be concerned about this transcript Still nothing new filed in the docket of the Federal Court of Appeal but more documents have appeared in the EUB records. Enjoy https://www.scribd.com/ Here are the words from the transcript of the wicked Halloween hearing that I deemed important. Pages 11-24 Brunswick Energy and Utilities Board Commission de L'Energie et des Services Publics N.-B. PARTICIPANTS - Matter 375 IN THE MATTER OF an application by New Brunswick Power Corporation for approval of the schedules of the rates for the fiscal year commencing April 1, 2018. held at the Delta Hotel Saint John, New Brunswick, on October 31, 2017. BEFORE: Raymond Gorman, Q.C. - Chairman Francois Beaulieu - Vice-Chairman Michael Costello - Member NB Energy and Utilities Board - Counsel - Ms. Ellen Desmond, Q.C. - Staff - John Lawton .............................. CHAIRMAN: Good morning, everyone. This is a pre-hearing conference of the New Brunswick Energy and Utilities Board in connection with Matter 375, which is a general rate application by New Brunswick Power Corporation pursuant to section 1.03 of the Electricity Act and a request for approval of a capital project consisting of the procurement and deployment of advanced metering 5 infrastructure, usually known as AMI, in the amount of $122 million. We have simultaneous translation 7 available today. I believe the translation devices have been placed at all of your seats and I am told that channel 1 will provide English and channel 2 will provide French. VICE-CHAIRMAN: Essentiellement ce que le président Indiquait c’est on est ici relativement en conférence préalable et puis vous avez accès à une traduction simultanée. La fréquence numéro 1 est pour les anglophones e la fréquence numéro 2 est pour les francophones. Et pus si vous désirez adressée le tribunal dans la langue française, on vous demande de le faire. Merci. CHAIRMAN: So at this time I will take the appearances from the people who have indicated they wish to participate in this pre-hearing conference. So first of all, the applicant, N.B. Power Corporation? MR. FUREY: Good morning, Mr. Chair, John Furey for New Brunswick Power Corporation. I am accompanied this 1 morning at counsel table by Stephen Russell. CHAIRMAN: Thank you, Mr. Furey. David Amos? Mr. Amos, did you put your microphone on? MR. AMOS: Here. CHAIRMAN: Thank you. Enbridge Gas New Brunswick? MR. VOLPE: Good morning, Mr. Chair. Paul Volpe, Enbridge Gas New Brunswick. CHAIRMAN: Thank you, Mr. Volpe. Gerald Bourque? MR. BOURQUE: Gerald Bourque is here. CHAIRMAN: Thank you, Mr. Bourque. J.D. Irving, Limited? MR. STEWART: Christopher Stewart, Mr. Chairman. CHAIRMAN: Thank you, Mr. Stewart. New Clear Free Solutions? MR. ROUSE: Good morning, Mr. Chair. Chris Rouse,for the record. CHAIRMAN: Thank you, Mr. Rouse. Roger Richard? MR. RICHARD: Oui, je suis Richard. CHAIRMAN: Thank you. Sussex Sharing Club? Not here today. Utilities Municipal? MR. STOLL: Good morning, Mr. Chair. It is Mr. Stoll. With me is Mr. Garrett and Ms. Kelly. CHAIRMAN: Thank you, Mr. Stoll. Utilities Municipal? Sorry, 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. Ellen Desmond and from Board Staff, John Lawton. CHAIRMAN: Thank you, Ms. Desmond. So today's pre-hearing conference will deal with the normal issues that we deal with at pre-hearing conferences, generally is the hearing schedule and process. But as well we have requests for intervenor status from eight different entities and we have an objection to one of those requests for intervenor status and that is the status of Mr. Amos. So I think that before we get into the schedule, I think it would be useful to go through the requests for intervenor status. I am just going to wait here a moment. All right, i guess the sound system has been fixed. So we are on the request for intervenor status. The Public Intervenor of course is deemed to be a party pursuant to Section 49.3 of the EUB Act. And then we have requests for intervenor status from David Amos, Enbridge Gas New Brunswick, Gerald Bourque, J.D. Irving, Limited, New Clear Free Solutions, Roger Richard, Sussex Sharing Club and Utilities Municipal. And as I had indicated, the Board received a written objection to the intervention of Mr. Amos. So, Mr. Furey, do you have any issue with any of the other registered participants today? MR. FUREY: No, we don't, Mr. Chair, and the only additional comment I would make around that is that we recognize that not every proposed intervenor has necessarily complied perfectly with the provisions of Rule 3.2.4, but those that have not that we don't object to, we have a general understanding already of the issues that they would bring to the proceeding. CHAIRMAN: Thank you. The Board has in fact reviewed the requests that we have received for intervenor status. One of the -- one of the issues that you raise with respect to Mr. Amos is that he has not indicated in his form -- in his registration form the reason for his intervention. And in reviewing them, I note that the only other form where I see that is the form filled out by Mr. Bourque. So at this stage I just want -- Mr. Bourque perhaps -- you know, you may not have understood that on these intervenor requests that it's intended that you would indicate why you want intervenor status, what issues you would be raising at the hearing. Would you be able to provide that information at this time? I appreciate it's not on your form. MR. BOURQUE: Well I'm not very versed in all these procedures and I was coming to learn what was going on, and I was -- if there is issues that come up that I don't agree with, I certainly will speak on it, but I don't have anything prepared ahead of time. CHAIRMAN: So are you a customer of NB Power and what rate class -- if so, what rate class would you, you know, purport to represent at this hearing? MR. BOURQUE: I'm a customer of NB Power and I'm just a resident and -- yes. CHAIRMAN: So is your intervention with respect to residential customers or is it broader than that? MR. BOURQUE: I'm basically representing myself and -- yes. CHAIRMAN: Okay. Thank you. MR. BOURQUE: Thank you. CHAIRMAN: So, Mr. Amos, before we get into the discussion with respect to your status as intervenor, because there has been an objection filed, again your intervenor request does not set out the reasons for your request to be an intervenor. So just like I have put those questions to Mr. Bourque, could you perhaps just expand upon the rate class that perhaps you are a customer in and what perspective you would bring to this hearing? MR. AMOS: Mr. Gorman, I just became aware of this motion as I entered this room. I'm just starting to read it now. I request time to study it before I argue it. With that said, as I said in the last hearing, residential class ratepayer, the reason I'm intervening in this matter is because of my two friends here. Both have concerns with these rate increases. My friend Roger in particular has to do with the smart meters and Gerald with the expenses and the debts incurred by NB Power. Both of these fellows are not familiar with how court processes work and they asked me to help them with this matter. I was done with you -- 357 and preparing to sue you, sir. I said I will help them intervene because of his concerns about smart meters, his concerns about the debts involving site meters and other things, and my concerns about the severe lack of ethics of all the officers of the court in this room. Mr. Furey is familiar with me when he worked for the attorney General. Now in the last hearing that I was at I was invited to a meeting in a boardroom of Stewart McKelvey, the very people that appear to have filed this motion, saying I don't know my business. At this meeting I wasn't allowed to share what was said, although all the intervenors, including Hugh Segal's associate, listened in -- CHAIRMAN: Mr. Amos, if I could just interrupt for a moment -- MR. AMOS: It has to do with ratepayers -- CHAIRMAN: No, no. Excuse me, please. MR. AMOS: -- and site -- CHAIRMAN: Please, Mr. Amos -- MR. AMOS: Your question is site meters, sir. CHAIRMAN: Mr. Amos, could you just hold back your remarks for a moment. MR. AMOS: I'm reading this motion. I'm much offended. CHAIRMAN: Look, before we get to the motion, all I have asked you is for you -- MR. AMOS: Site meters, sir. CHAIRMAN: Sorry? MR. AMOS: Site meters. $122 million and then the write-off of the existing meters. I believe that's in the mandate of this, correct? CHAIRMAN: Okay. So you are saying that you are intending to intervene in this proceeding because of the -- MR. AMOS: I'm watching you, sir. You are at the end of your term February 1st. Jack Keir appointed you ten years ago February 1st. I wonder -- CHAIRMAN: Mr. Amos, I'm -- MR. AMOS: -- who the next Chair is going to be. CHAIRMAN: Mr. Amos, could you try to stay on topic here. The question -- MR. AMOS: I'm checking your integrity in helping my friends with their concerns about the expenses of NB Power in site meters. CHAIRMAN: Okay. So, Mr. Amos, are you telling me that your intervention would be around the advanced meter infrastructure? Is that the reason that you want to intervene? MR. AMOS: And the rate increase in and of itself is unnecessary. CHAIRMAN: Okay. MR. AMOS: I have many reasons -- CHAIRMAN: Okay. Could I -- MR. AMOS: -- but I think it's a matter for another court after reading this motion. They mentioned the Federal Court of Appeal. You must be aware of me in the Federal Court, right? CHAIRMAN: Sir, that's the matter -- MR. AMOS: Have you read this motion? CHAIRMAN: -- that we are now discussing. Sir, that's not what we are talking about right now. MR. AMOS: Well that's what I'm talking about. CHAIRMAN: I want to know the reason for your intervention and you have said -- MR. AMOS: Site meters and this rate increase and the write down of the current meters. CHAIRMAN: Okay. So you have indicated that you are here because you want to assist -- MR. AMOS: Are you double-talking? That's exactly what I said. It's on the record. I'm here because I take offence to the deal with -- what is it, Siemens -- for 122 million and then the cost of installing these meters so that the ratepayers will have to pay more during certain times of the day when they use a dryer when Mr. Furey decides it's not proper. CHAIRMAN: Okay. So -- MR. AMOS: He forgets who owns NB Power. We do. You too. We are the ratepayers. As I said in the last hearing, you should protect your own interest, Mr. Gorman. CHAIRMAN: So, Mr. Amos, we are going to set aside the issue of whether or not you will be an intervenor to give you an opportunity to read that material. I understand that it would have been served electronically on all parties, at least that's the rule. Mr. Furey, can you -- MR. AMOS: I never saw it until this morning. CHAIRMAN: Can you confirm that it would have been sent to an email address provided by Mr. Amos? MR. FUREY: That's correct, Mr. Chair. It was sent yesterday morning to the distribution list in this proceeding including Mr. Amos' email that he had provided. CHAIRMAN: Okay. MR. AMOS: I need to remind Mr. Furey that he used to work for the Attorney General when I served NB Power in 2006. He and I spoke personally in 2005. CHAIRMAN: So, Mr. Amos, we are not going to hear that immediately. The documentation -- I think most of it is documentation that you previously filed, so I'm assuming that you are -- MR. AMOS: I'm glad to argue every single word that I filed in 357. CHAIRMAN: So I'm assuming that you are familiar with that. It's the -- MR. AMOS: I'm very familiar with every word that I filed. CHAIRMAN: Mr. Amos, if I gave you 20 minutes to read that, is that enough time? MR. AMOS: 20 minutes? Could you argue that document in 20 minutes? Let me take 20 minutes to study it but I don't know what you guys are talking about in the meantime I should pay attention to. CHAIRMAN: So I think what we will do is we will set that aside for a moment and we will move on to scheduling and we will come back to that. MR. AMOS: Because I want to pay attention to every word you 1 are saying this morning. CHAIRMAN: Mr. Amos, we are going to set this issue aside for now, then we are going to have a break and I'm going to give you an opportunity to have a look at it. But my point is that the vast majority of the material that was filed was material that came from you. So I assume you are familiar with that part of it. MR. AMOS: Let me back up. When I first introduced myself on a pre-hearing for 357, I was opposing a former public intervenor wanting to get on the gravy train again. I explained myself when I introduced myself at that, that every lawyer in the room should know who I was, including you. I sent you emails where I sent you emails ten years ago. That said, I know who I am. I was there to oppose a former public intervenor wanting to get paid by his own assistant. I opposed that. I can speak on my behalf, Gerald can speak on his behalf, Roger can speak on his behalf. Why should anybody be paid? After that I was invited by NB Power, Mr. Furey, to a secret meeting to discuss this. They wanted to pick my brains to see what my issues were. And we couldn't disclose what was said in the room. I clearly stated what my issues were, conflict of interest by law firms. Good example. The people that filed this motion today, JDI, Stewart McKelvey, are also employed by NB Power to litigate to collect for Lepreau. That's conflict of interest. And then we have McInnes and Cooper and then we have and then we have and then we have. CHAIRMAN: Mr. Amos -- MR. AMOS: So I asked all these questions in confidence. They said it's a matter for the hearing. So then we go to have a hearing and you cancel the hearing so I can't ask the questions. I said fine, we will see you in another court. Then my friends asked me for my assistance over this rate increase and site meters in particular and the rate increase in general. I said fine, I will let you guys do the talking and I will advise you because you are not familiar. Any time that I decide to speak I will because I have a right to. But since you people want to attack me, I'm all for it, but I need to study what you are up to first. CHAIRMAN: Okay. Mr. Amos, I'm going to cut you off there. So on the request for intervenor status we are going to grant intervenor status to Enbridge Gas New Brunswick, Gerald Bourque, J.D. Irving, Limited, New Clear Free Solutions, Roger Richard, Sussex Sharing Club and Utilities Municipal were the PIs already indicated as deemed to be a party pursuant to Section 49.3 of the EUB Act. And, Mr. Amos, we will set aside your request to be an intervenor until we have dealt with other matters and we will come back to that a little bit later and I will give you an opportunity to review the material that you would not be familiar with. MR. AMOS: I thank you for that. Later Page 32 -33 CHAIRMAN: So just before I move on and hear from other parties, and we did talk about the month of March, I believe that this information may have been in an affidavit in terms of the proposed schedule going forward, and my recollection is that NB Power was talking about filing something on Lepreau in November with a possible hearing in March, and this was a process hearing. Perhaps you could tell me where we are with that because that would give us an idea as to what time might be available. MR. FUREY: So, Mr. Chair, I think practical realities have led us to revisit that as well, and we wouldn't anticipate filing of the Mactaquac procedural application until the conclusion of this GRA. So I think we can remove that from the equation in terms of concerns about timing during the course of the hearing process. CHAIRMAN: Thank you. Mr. Amos, do you have a preference on a start date between the 5th or the 12th of February? MR. AMOS: No preference at all. Whatever suits NB Power. CHAIRMAN: Okay. And in terms of the length of the hearing, do you have a -- you have to turn your microphone on -- any preference or any comment on the -- MR. AMOS: No. Whatever suits the Board and NB Power and the other intervenors suits me. CHAIRMAN: Thank you. Mr. Volpe? Page 55-85 CHAIRMAN: So just I guess going down the list of things that we need to talk about, the confidentiality agreement has been circulated. Also there was a three line explanation of the changes in this confidentiality agreement from previous confidentiality agreements. So I don't know if the parties have had enough time to consider the form of that agreement or not or have any comments. So I will just go down through the list. Mr. Amos, have you looked at the agreement? MR. AMOS: Yes. I had just a -- I had a quick glance at it and I had an issue with it in the 357 matter. CHAIRMAN: Yes. MR. AMOS: And I sent an email to Mr. Furey, et cetera, and I said don't give me anything that's confidential, and therefore I can't be accused of disclosing something I shouldn't. CHAIRMAN: Okay. So -- MR. AMOS: He never answered me. CHAIRMAN: Okay. So your position really is you are not signing it no matter what form it's in if it requires you to keep information -- MR. AMOS: This is a public hearing. This is a publicly owned corporation billing the public, and if you don't want the public to know something, then I don't want to know. CHAIRMAN: I understand. So you don't have a position of the form itself. You are not going to sign a confidentiality document. MR. AMOS: I find the form offensive in and of itself. CHAIRMAN: Okay. All right. Thank you. Mr. Volpe? MR. VOLPE: No other comment, Mr. Chair. Thank you. CHAIRMAN: Mr. Bourque? MR. BOURQUE: I understand that these are public hearings and that why is this information being kept from the public is my question. CHAIRMAN: Well, Mr. Bourque, the issue here really is the form of the confidentiality agreement. Legislation provides for information that of a certain nature can be -- there can be a claim for confidentiality. There can be challenges to those claims. But there is a process. So the issue really is the form. Do you have any issue with the form? MR. BOURQUE: I'm not really sure on that. CHAIRMAN: All right. Thank you. Mr. Stewart? MR. STEWART: Mr. Chairman, to be honest, I haven't really had much of an opportunity -- I know Mr. Furey sent that yesterday afternoon -- to have a look. So I did note in his email, you know, the difference, but I'm really not in a position to say I'm fine with it at this particular moment in time. CHAIRMAN: So are you asking for some additional time to provide comments to the Board or are you satisfied if the Board makes a decision this morning? MR. STEWART: I'm satisfied if the Board makes a decision. CHAIRMAN: Thank you. Mr. Rouse? MR. ROUSE: No comments. CHAIRMAN: Mr. Richard? MR. RICHARD: Oui monsieur président. Mais je pense que je n’ai pas reçu la formule moi aussi parce que j’ai trompé en être poursuivi. CHAIRMAN: Thank you. Mr. Stoll? MR. STOLL: We are satisfied if the Board just makes a decision this morning. CHAIRMAN: Ms. Black? MR. BLACK: I have no issues with the form. Thank you. CHAIRMAN: Thank you. Ms. Desmond, Board staff don't need to sign it anyway, do they? MS. DESMOND: We don't, no, Mr. Chair, although I will just make one comment and that is I think under our Rules of Procedure there is a confidentiality undertaking pursuant to Rule 6.5. So I appreciate this is perhaps a document we have used historically but it may be something going forward the Board may want to turn its mind to whether or not there is a standard undertaking that can be used for all matters. CHAIRMAN: That's an excellent idea and perhaps we might even do a practice note or something with reference to that. Okay. "Well having heard from the parties this morning, the document that has been put forward as the proposed confidentiality agreement in fact will be the one that will be approved for use in this proceeding." "So other than the issue relating to Mr. Amos' status as an intervenor, are there any other issues that we need to deal with this morning?" MR. FUREY: I don't believe so, Mr. Chair. CHAIRMAN: Okay. So turning then to the objection to Mr. Amos being named as an intervenor or becoming an intervenor in this matter -- all right. So, Mr. Furey, we have looked at your notice of objection to the intervenor request and if I may attempt to summarize it, it really relies on two grounds, and I think the first three paragraphs in your notice of objection deal with Rule 3.2.2 of the Rules of Procedure indicating the party must demonstrate a substantial interest in the proceeding and an intent to participate actively and responsibly. And so there is a responsibility there to show what their interest is. The second part of your objection here deals with the requirement to participate responsibly. With respect to the first part of your objection, Mr. Amos this morning clarified, you know, the basis of what his interest is in the proceeding and essentially how that interest justified the granting of intervenor status. Do you have anything further to say on that aspect of it or is essentially most of the objection -- certainly by volume here most of the objection seems to be on the contention here that perhaps he may not participate responsibly. MR. FUREY: Yes. That would be the focus of my submissions here this morning. CHAIRMAN: And would you agree that Mr. Amos has in fact essentially fulfilled the obligations of the first part of what had been your objection? MR. FUREY: I would. CHAIRMAN: Okay. So with respect to the duty to participate responsibly, you filed documentation which has been provided to all the parties and the Board of course has read it, as I'm sure others have. Do you -- I guess it's your objection. So is there anything that you want to highlight here or anything further you want to add? MR. FUREY: Yes. If I might have a few minutes to do that, I would appreciate it, Mr. Chair. So I mean, I guess the starting point is what -- what is the requirement -- what is the content of the requirement to participate in a responsible fashion, and the rules don't -- don't give us any further guidance on that. But I would suggest that the content of that requirement is that it is an obligation of an intervenor to raise issues that are relevant to the jurisdiction of the Board in the proceeding and not issues that are extraneous or completely unrelated, and to do so -- while recognizing that we are in an adversarial process, to do so in a respectful and civil fashion. And our submission is that the material on which we rely, which is all Mr. Amos' -- either all of Mr. Amos' documents or the transcript of a motion that was argued on October 5th of this year demonstrates I would say quite clearly that Mr. Amos is not capable of that type of reasonable participation in the process. And generally, and I said this in paragraph 5 of the notice of the objection -- generally a review of Mr. Amos' documents discloses a pattern of behaviour that is confrontational in nature and is characterized by unsubstantiated allegations of unethical or illegal behaviour by various political figures, judges, lawyers, law enforcement officials. I think it's worth noting that Mr. Amos' own documents show that he has, on at least one occasion and perhaps two, been banned or barred from the grounds of the New Brunswick Legislative Assembly on the basis of harassment of MLAs, officers and staff of the Legislative Assembly. Having been so barred, he brought a complaint against the members of the Fredericton City police force to the Police Commission, that was subsequently dismissed, relating to their involvement in barring him from the Legislative Assembly. I am going to spend a little time, Mr. Chair, with respect to Mr. Amos' complaint against Judge Henrik Tonning to the New Brunswick Judicial Council, and that appears at appendix D of the objection. And in particular two pages in, there is an affidavit that Mr. Amos submitted in a provincial court case. And in that affidavit -- and I'm going to very quickly move through this -- at paragraph 9 he first deals with Prosecutor James McAvity and he indicates that Prosecutor McAvity should have been questioned as to his malice and/or competence. So he is questioning the malice and competence of the Crown Prosecutor. He goes on to say he certainly would not wish the likes of Ms. Gallagher defending his rights or interests before the court. At paragraph 22 he states, it appears to me that not only are the actions of David Lutz malicious, but they are fraudulent as well. In my opinion he has no right to practice law for a fee but in fact he should be in jail. And at paragraph 31 he speaks of a response he got from the RCMP External Review Committee which he viewed was predictable and unsatisfactory. And just to go back to the beginning of that appendix, the initial complaint on the first page of that appendix, at the end of the -- at the end of the first -- second full paragraph, Mr. Amos makes it clear in his complaint that he is referring to proceedings in order to cover up the wrongful acts of the court and David Lutz. In the next paragraph he points out that he is already complaining about Brad Green and his conduct. Now at that time Brad Green would have been Attorney General. So I wanted to take a moment to point those out because that is the pattern of Mr. Amos' involvement in legal proceedings. It is to question the ethical or legal behaviour of virtually every lawyer or decision maker involved in the proceeding. That is his pattern. It continues. If you go to the next exhibit, or next appendix, Appendix F, is a direction obviously from a judge of the Federal Court of Appeal to the Appeal Registry. Please advise the parties that Mr. Amos has the right to submit a brief summary not to exceed five pages,to explain the exact conflict that in his view arises in this matter with any of the judges assigned to this appeal and to submit any additional documents that are relevant to the issue. So in an ongoing -- and this is dated June 8th 2017 – in an ongoing action or appeal in the Federal Court of Appeal, Mr. Amos is alleging conflict of the judges assigned to the appeal. And that pattern continues, I would submit, in the present -- in his appearances before this Board. The final appendix, Appendix I, to the notice of objection is a copy of the transcript of the hearing of Mr. Amos' motion in Matter 357. And I think it's useful to remember that that motion was a motion to deal with the timing of the hearing of Matter 357. The Board had previously granted NB Power's application or motion to adjourn the proceeding on terms and Mr. Amos essentially wanted that reheard. So not something that you would regard as a contentious matter being the timing of the hearing. But Mr. Amos' comments to the Board on that occasion again can only be characterized as confrontational. I reviewed the transcript several times before today. There is not really an argument in there that was germane to the issue of the timing of the hearing. There was a lot of extraneous material. And at the conclusion of his remarks, and I have specifically placed this in the notice of objection, when the Board Chair asked Mr. Amos if he had anything further to say, his reply was essentially to suggest to the Board Chair, and I will read what he said. 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 I not explain my issues to this Board in no uncertain terms on June 15th? And he is referring to an email that he had sent to a number of parties on June 15th. I think we can expect, and we have seen it again here this morning, we can expect more of the same, arguments unrelated to the issue before the Board presented in a confrontational manner, which will, I would suggest to you, eventually turn to actions in other courts. The pattern is that when Mr. Amos runs against a lawyer who acts against him, runs against a decision-maker who doesn't agree with him, then that issue is relitigated in other courts. And while I think the standard here is simply one of is Mr. Amos likely to participate in a reasonable fashion, I do think it's useful to compare the situation to situations where courts have dealt with so-called vexatious litigants. So I am not suggesting that that's the standard that be applied here -- that's not the standard to be applied here. But I did submit to the Board yesterday afternoon a copy of a decision of Mr. Justice Morrison. It's a very recent decision in which he dealt with an issue of determination of a vexatious litigant. And at page -- the page numbering is a little weird in this document. I am looking at paragraph 34 of the decision. It's on what's referred to as page 68, but it's paragraph 34 of the decision. And Mr. Justice Morrison noted that counsel on that hearing were unable to provide him with any New Brunswick cases considering the concept of a vexatious litigant, but they were able to refer him to an Ontario decision in Lang Michener Lash Johnston v Fabian. And in that case, there is an outlining of the factors to be considered in determining whether or not a party meets the threshold of a vexatious litigant. And I won't go through all of them, there are seven principles set out there, but (d) in my view is of particular application here. And Justice Henry said, it is a general characteristic of vexatious proceedings that grounds and issues raised tend to be rolled forward into subsequent actions and repeated and supplemented, often with actions brought against the lawyers who have acted for or against the litigant in earlier proceedings. And that's precisely Mr. Amos' pattern in the documents that he, himself, has disclosed to the Board. While he has here this morning indicated to the Board that his interest revolves around issues of AMI in particular, and the expenses and capital associated with the AMI, I submit he is not capable of putting those positions forward in a cogent, respectful, reasonable manner. His own history demonstrates that and his conduct before this Board to date confirms it. And so while we are reluctant to make a request of this nature -- I mean, we have had many lay participants in my time before the Board. Mr. Rouse is here with us again this year. I have never had any doubt about the issue that Mr. Rouse wanted to talk about. He has always been very clear. Mr. Hickey has been with us in the past. Mr. Smith, on behalf of the Sussex Sharing Club is with us. I have no doubt as to what the issue Mr. Smith wants to raise. All have -- while there certainly have been some adversarial proceedings around those interventions, all have proceeded in a respectful fashion. And so while it is not a step that we like to take, my submission is that it is in the public interest not to permit Mr. Amos to participate as an intervenor. He will delay and frustrate this Board, and he will harass the participants -- other participants in the proceeding. He will cause unnecessary aggravation and probably expense. And so for those reasons, Mr. Chair, we submit that he not be granted intervenor status. CHAIRMAN: Thank you, Mr. Furey. So, Mr. Amos, now you were provided this morning with an hour to review Mr. Furey's documents that he filed with the Board, and I think it was three or four pages of documents. The balance of documents were ones that you had filed in the past. So you have had an opportunity to review his submission? MR. AMOS: Absolutely. CHAIRMAN: And you, of course, heard Mr. Furey's comments that he has just concluded. So you know what the issue is that he raises? MR. AMOS: I heard every word he said. CHAIRMAN: Okay. So do you have a -- do you have some comments about what he is asking for? MR. AMOS: Yes, Mr. Gorman, I do. First off, I am grateful that he filed my documents in this matter. However, he shouldn't cherry pick. If he is going to file my documents, he should file all that he has received. But dealing with the exhibits that he has filed, he has now made a federal case out of a 2 percent rate hike. I remind Mr. Furey that murder is a capital crime and when he worked for the Attorney General of New Brunswick in 2004, who was Brad Green, his boss received evidence of murder. Brad Green acknowledged it. He now sits on the bench of the Court of Appeal. Anyway, I had ran for Parliament in 2004, the 38th Parliament against a member of your Board, John Herron. That was when it was the Public Utilities Board. David Young, who worked for another Crown Corporation, who is a senior advisor to your Board now, I believe got fired because I complained of him, because he wouldn't allow me to speak on the radio and give me equal time as my political opponents, just like Mr. Furey doesn't want me to speak before the Board today, even though I am a stakeholder in this hearing. He has no more standing here than I do, other than he collects a big pay cheque that my taxpayer funds are paying. But as an officer of the court, he is obliged to uphold the law. He filed my documents in this matter. I did not. He did. Then he says I am vexatious. I am surprised he didn't call me frivolous as well. The Crown usually calls me that. I understand the term, vexatious. He is the man who is vexatious. In the 357 Matter, if we go first things first, there is a transcript, which I have uploaded, you can review it or I can read it to you. You asked me why I was intervening. Exhibit A of his documents, I didn't know who Mr. Furey was. I had no idea what lawyers or what was going on in 357, except on June 14th I heard on the radio Mr. Hyslop had a motion before this Board in a pre-hearing to be paid to help his assistant. I saw red. I remembered Mr. 5 Hyslop from the PUB. I remember Mr. Hyslop when I ran in Saint John Harbour, while he run against Abe LeBlanc. I remember I was intervening in an NEB hearing and arguing Cedric Haines of NB Power while he worked for the Attorney General. I remember talking to him about murdered Indians. That said, all I had issues with was Mr. Hyslop wanting paid again. I had checked from CBC and some years he was paid like $700,000. I had issues with him in 2006. David Young wouldn't let me speak before the PUB Board even in a public hearing. So I had to send a farmer. That said, I am asking Hyslop, you are the Public Intervenor, what do you know of my concerns? I had concerns about the refurbishment of Lepreau, Coleson Cove. If you go on Charles LeBlanc's blog from April of 2006, you can even see I was dealing with a lawyer named Richard Costello -- same last name as you, sir -- who worked for McInnes Cooper, who was hired by Venezuela to check with the PUB as to when a pipeline went from the Irving refinery to Coleson Cove. I wanted to know about that too. So I talked to Mr. Costello. The email between Mr.Costello and I is still in Charles LeBlanc's blog from 2006. While I was running for Parliament in Fredericton, and I doubt that Mr. Furey voted for me, I was running against Andy Scott, Minister of Indian Affairs and he worked for the Attorney General for Indian Affairs. Now I went to high school with Andy Scott. Barb Baird used to be Brad Green's boss. I went to high school with her too. Now I don't know if you guys know who I am, but many people in this neck of the woods do. My brother-in-law's law firm partner helped Peter MacKay merge with Mr. Harper's party. When I sued Americans over taxation and about improper tax accountants like KPMG, Grant Thornton, ringing any bells? That was in 2002. I am glad he brought up the Department of Homeland Security. Those are the guys that tried to take me to Cuba in 2003 after I started winning lawsuits. You are right, I sue people that don't do their job. Particularly, the people that are well paid to act in our best interests. I file whistle-blower forms with the U.S. tax man and they try to arrest me. You are right, I sue them. A lawyer calls me a liar, well he better check my work before he goes too far. Anyway, NB Power, they have a mandate to uphold. It's a Crown corporation. David Alward, 2013 comes out with a 1 new Act. Got to follow the Act, fellows. Now this 2 hearing 357 was supposed to be within three years. Now I don't know -- I don't pretend to know something I don't. All I heard was Hyslop wanted on the gravy train. I took issue with that. I email the guy that speaks for the Chairman of the Board. I have spoke personally to Ed Barrett, personally. I have spoken to Mr. Scott, his assistant. He has a very funny voice mail. Mr. Scott loves hearing me speak on the radio and on television. Mr. Scott was the guy I knew had the ear of the Chairman. Now I served Derek Burney, who used to work with Mr. Mulroney, just like his partner, Hugh Segal, right. I had served Derek Burney my stuff after I ran for Parliament in 2006, got a signature. Why would I do that? Because NB Power had hired Simpson Bartlett & Thatcher in New York to sue Venezuela. Do you realize that Robert Mueller's lawyer comes from Simpson Bartlett & Thatcher? Are you realizing what's going on? Have you read the emails I sent you? He talks about me in federal court on June 8th. You are right I was in federal court, May 24th. Have you 21 reviewed the documents I filed in federal court since that time? CHAIRMAN: Mr. Amos, I am going to interrupt you for a moment. MR. AMOS: Murder is a capital crime, sir. CHAIRMAN: Mr. Amos, the issue that Mr. Furey raises -- MR. AMOS: Is that I am vexatious. CHAIRMAN: Well he says that he is reluctant to make this objection, but he -- in his view, he says you are not capable of putting positions forward in a cogent manner. You are not -- MR. AMOS: Are you saying that? CHAIRMAN: -- you are not speaking to the issue, which -- can I -- MR. AMOS: All right. Am I -- am I a person born and raised in this province? CHAIRMAN: The issue here -- MR. AMOS: Did I run for Parliament five times? CHAIRMAN: Mr. Amos, it would be appreciated -- MR. AMOS: Are you aware of why I am barred? He brought it up. CHAIRMAN: Mr. Amos, it would be appreciated if you would just listen for a moment. So the issue here is whether or not you can stick to the issues that have to be dealt with in this particular matter, which is a general rate application. We are dealing with the spending -- MR. AMOS: Have you read the filings in this matter? CHAIRMAN: Sir, would you just wait till I finish, please? MR. AMOS: No, I am arguing him and you. You are on his side clearly. Now your Vice-Chair will probably have the job in February, used to work for City Hall. Do you remember Mr. Nugent and I, sir? CHAIRMAN: Sir, do you want to provide us with your -- MR. AMOS: You have many of my documents that he did not file. I sent them to you by email. Do you remember receiving the emails from me in 2007, sir? CHAIRMAN: So one of the things that Mr. Furey says is -- MR. AMOS: Do you remember when Jack Keir appointed you? I introduced myself to you then. CHAIRMAN: Sir, excuse me, but one of the things he says is you are not able to react in a -- MR. AMOS: You can't answer a question. CHAIRMAN: -- in a respectful fashion and you are not paying attention to the protocol here today. MR. AMOS: All right. Let me ask you a question, sir? CHAIRMAN: No, that's not what we are here for. MR. AMOS: Have you understood one word I have said any time we have met? CHAIRMAN: Mr. Amos, do you have anything to add to the record with respect to your respectful participation in this matter, in this process? Mr. Furey says that you don't have the ability to stay on topic. MR. AMOS: Are you saying that? CHAIRMAN: I am telling you what the argument is that has been put forward. MR. AMOS: I know what he said. I am asking you? CHAIRMAN: And the argument that has been put forward is you don't have the ability to -- MR. AMOS: I heard what he said. I told you that. CHAIRMAN: -- stay on topic and to act in a respectful manner. MR. AMOS: All right. CHAIRMAN: Can you give me any information on that issue? CHAIRMAN: You are the Chairman of the Board. This is not your decision solely. There is a Vice-Chair and another man. One man is an accountant and the other a lawyer. Now I don't know if the other two fellows read my documents. I certainly hope that they did. The man who is a chartered accountant should understand about Kevin Dancy and I. He should certainly have understood what I am doing in federal court. Now I thanked him for filing documents, but one interesting document he brought up in particular was the man I went to college with, Henrik Tonning. He is a personal friend of mine. Now if he had read that entire affidavit, I had been summoned to the court by a lawyer to file an affidavit. He failed to mention that. But Henrik Tonning and I were once very good friends. That affidavit that he just put in this matter no longer exists in provincial court. That's fraud practiced against me by the court. Yes, I have contempt against officers of the court that fail to uphold the law. Yes, I do not hesitate in suing lawyers. I have sued more lawyers, and law firms, and attorney generals than probably anyone else on the planet. I am before the federal court right now and you guys will be mentioned in my next lawsuit that will be filed by Christmas. Thank you for making it a federal matter. That said my two friends have standing in this matter as much as I do. You work for us. I have my rights to my opinion and I don't have to suffer insults. Ms. Harrison signed this document. I wonder if she has even read it, but I consider it her insult. He is merely her lawyer. Now his name is Furey. I served Brian Furey in Newfoundland. He was President of the Law Society in Newfoundland. I served George Furey, he is Speaker of the Senate. He is from Newfoundland. I know where this is going, federal court. As I told you, you are not a court. And if you want to argue my documents, we will argue before a judge that I do not have a conflict of interest with. Now I have a bone to pick with many judges in federal court and a lot in the Court of Queen's Bench of New Brunswick, but not all. And not every judge or every lawyer is a crook. Some of them are actually friends of mine. Only problem I have with them is they think I can't pull this off. That the system is just too powerful. Well could be. Call me crazy if you wish, I can be as crazy as I want to be. How do you explain my having FBI wiretap tapes of the mob and three weeks after he mentioned about me being in federal court, the outgoing Commissioner of the R.C.M.P. said beware of the mob. Bob Paulson said that. And I am the guy with all the tapes. You got a huge ethical dilemma, sir. You are an accountant. You don't. You do. You are probably the next Chair. You can do with me what you will. I will still advise my friends about their concerns about this 2 percent rate hike and his concerns about meters we don't need. They are ratepayers. They have the right to their opinion and they have the right to have me for a friend and take my counsel whether you want to argue me or not. Now he can insult me. You haven't yet. I was grateful on the 14th when I emailed Bob Scott. I didn't email Ms. Harrison. I emailed David Young, who I knew, your senior advisor. And I emailed Bob Scott, the guy who likes to make fun of me. Ed Barrett's spokesperson. I did not think I could intervene in 357. The nice lady acting as Clerk said what, would you like to intervene? I said what, can I? She said well the hearings haven't started yet. It's up to the Board. It was a surprise to me. I wasn't looking to intervene. And I said sure, I would love to. I love to argue lawyers. It was Mr. Hyslop that was my target. That said I come, I give the nice lady my intervenor form. Mr. Furey sees no problem with me. He has a problem with my friend, because he is a leader of a political party, but you guys have no problem allowing David Coon to be an intervenor and he is a seated MLA. That said, it is what it is. You guys allowed me to intervene with exactly the same information verbatim that I did this time. It was the same document. That said, you allowed me. I was grateful. When I introduced myself, he more or less quoted me. Anyway I can -- you can review the transcript or I can read it into the record in this matter, but I was grateful and I said -- well let me read it, I should put it in the record then. This is from the transcript of the 15th after you were done with my friend, Mr. Bourque. Chairman -- this is page 7, line 21 of the transcript, June 15th. Chairman. Thank you. I don't see anything similar on Mr. Amos' intervenor request. So Mr. Amos, just to clarify you -- clarify, you are also requesting to intervene personally on behalf of an organization? That was your question. Page 8, line 1. 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. And I emailed them -- I emailed Mr. Toner, Mr. Hyslop. I emailed Bob Scott. I didn't know who Mr. Furey was from a hole in the wall, right. Well, Mr. Amos, are you a ratepayer of NB Power? Mr. Amos: I was 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. And I was speaking mainly of John Herron, the guy I ran against in 2004, and David Young, your senior advisor. I didn't know you. Didn't know the rest of you. So your intervention though is in relation to the rate design application? My interest in this matter, I stand and speak only for myself. No Public Intervenor appointed by the Province or this Board speaks for me. I speak for myself. Now the lady is the Public Intervenor, she is with McInnes Cooper, same law firm as Richard Costello. The same law firm as Len Hoyt, the guy that picked the Cabinet. He is also the lawyer for Enbridge. I see a little conflict of interest going there. I see NB Power hires Stewart McKelvey to litigate over Lepreau problems and yet the same law firm is hired by J.D. Irving to muscle this Board to get Mr. Irving wants. He brought up Mr. Hickey. I have talked to Mr. Hickey for hours. Mr. Hickey has some pretty serious issues. CHAIRMAN: Mr. Amos, please hear me out. We have listened to you now for 20 minutes or so, still haven't heard your response to how you can participate in this proceeding in a respectful manner and stick to the issues. The issue here really is whether or not you will stick to the issues if you are granted intervenor status and whether or not you will act in a respectful manner. I need to have your response to that issue. Everything else you have talked 16 about is off topic. MR. AMOS: You just interrupted me, sir. Now I was respectful the whole time any matter in this. Mr. Hyslop, you asked for submissions, I gave submissions. You guys made the decision. Mr. Hyslop wasn't allowed his pay cheque. Then I thought I was done. He and Mr. Russell invited me to a hearing at a Stewart McKelvey boardroom to talk to Mr. Todd about his report -- CHAIRMAN: Mr. Amos, I am sorry, I am going to have to interrupt again. You are not talking -- MR. AMOS: You are interrupting me because you don't want me on -- to put this on the record. CHAIRMAN: -- you are not talking about -- MR. AMOS: I am trying to address your question. CHAIRMAN: Mr. Amos, I am directing you to talk about this -- the issue before us -- MR. AMOS: I am telling you my answer. CHAIRMAN: -- in this matter? MR. AMOS: I am telling you my answer. I was invited to a hearing, Chatham House Rule, so to speak, nothing leaves the room. Mr. Furey and Mr. Russell -- Mr. Furey wanted me to talk to him before this meeting. I saw NB Power on my websites downloading my documents. I go to this hearing. I am saying to Mr. Russell, where is Mr. Furey? He don't call. He don't write. I am not going to sign any disclosure document, right. Don't allow me in the room if there is something you think I am going to spill the beans on. I talked to Mr. Todd before he came from Toronto. That said, they picked my brain at the hearing.I say conflict of interest, McInnes Cooper, Stewart McKelvey, et cetera, et cetera. I want to know things having to do with percent equity, where they arrived at that number, what the equity was? Now I had many questions in confidence. Mr. Todd -- I am asking Mr. Russell these questions -- Mr. Todd keeps interrupting me and says that's a matter for a hearing. I said fine, I will ask the hearing -- I will ask before a hearing. So then after that, Mr. Furey files a motion kill the hearing. CHAIRMAN: So, Mr. Amos, one -- MR. AMOS: Kill the hearing. CHAIRMAN: -- Mr. Amos -- MR. AMOS: You are the guy who killed the hearing. CHAIRMAN: -- Mr. Amos, one last time I am going to give you an opportunity to address the issue of how you can participate in a respectful and responsible manner. If you don't want to talk about that topic, then we will take an adjournment and we will consider the request that Mr. Furey has made. MR. AMOS: Have I been disrespectful to this Board? CHAIRMAN: Mr. Amos, can you stick to -- MR. AMOS: Have I been disrespectful to this Board? CHAIRMAN: -- sir -- sir, can -- sir, would you -- you have interrupted constantly and I would like you to -- MR. AMOS: All right. CHAIRMAN: -- do you -- MR. AMOS: I will leave it in your hands. CHAIRMAN: -- do you have anything -- MR. AMOS: You decide. CHAIRMAN: Thank you. All right. We will take a brief recess. (Recess) CHAIRMAN: All right. I will now give the decision of the Board on this matter. Mr. Amos seeks intervenor status in Matter 375. NB Power objects to his intervention claiming his conduct during the hearing of a motion in Matter 357 was confrontational and that his arguments lacked any connection to the issues before the Board. The Board agrees with that assessment. In the present matter, Mr. Amos was given ample opportunity to put forward a case that would support a respectful and responsible intervention. He failed to do so, rolling forward issues raised in Matter 357 and not addressing the issue before us today. Mr. Amos states that the interests he would bring before the Board are those raised by Mr. Bourque and Mr. Richard.The Board is satisfied that those two intervenors can adequately represent those issues. In addition, those issues will undoubtedly be addressed by the Public Intervenor and others. The Board finds on a balance of probability that Mr. Amos will not participate in this matter in a respectful and responsible manner. As a result, the Board will exercise its discretion and refuse intervenor status to Mr. Amos. Intervention is encouraged but it must be responsible. Mr. Amos may participate in the public session which date will be announced shortly. But again he is reminded that any presentation must be done in a respectful and responsible manner. Finally, Mr. Amos had indicated that he wished to assist his two colleagues that are sitting with him today. And certainly the Board has no issue with that at all. But Mr. Amos will have no status at the hearing in terms of cross-examination or making any argument. So that is the decision of this Panel with respect to the status of Mr. Amos. Are there any other issues to deal with today? There being no other issues, then we will adjourn. (Adjourned) | |
No comments:
Post a Comment