N.B.
Power's chief financial officer and senior vice president Darren Murphy
filed an affidavit with the Energy and Utilities Board saying it will
take weeks more to redo the utility's budget, after a surprise change in
its debt targets made by the provincial government. (CBC)
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
| |||||||||||||||||||||||
Matter 529 - NB Power Rate Design / Instance 529 - Énergie NB - Conception des tarifs
Melissa Curran<Melissa.Curran@nbeub.ca> | Fri, Oct 27, 2023 at 2:43 PM | ||||||||||
| To: "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.Raymond.Amos333@gmail.com" <David.Raymond.Amos333@gmail.com>, "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>, "jpetrie@nbpower.com" <jpetrie@nbpower.com>, "NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>, "lgordon@nbpower.com" <lgordon@nbpower.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "George.Porter@nbpower.com" <George.Porter@nbpower.com>, "kevgibson@nbpower.com" <kevgibson@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>, Susan Colwell <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>, "alain.chiasson2@gnb.ca" <alain.chiasson2@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>, "rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com> | |||||||||||
Please find attached a Reasons for Decision in relation to the above-noted Matter.
Bonjour,
Veuillez trouver ci-joint les motifs de la décision ayant trait à l’instance susmentionnée.
Melissa Curran Deputy Chief Clerk / Greffière en chef adjointe (506) 658-2504 (General/Général) (506) 643-7334 (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.
| |||||||||||
Matter 529 - NB Power Rate Design / Instance no 529 - Énergie NB - Établissement des tarifs
Mitchell, Kathleen<Kathleen.Mitchell@nbeub.ca> | Fri, Jul 28, 2023 at 12:06 PM | ||||||||||
| To: "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.Raymond.Amos333@gmail.com" <David.Raymond.Amos333@gmail.com>, "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>, "jpetrie@nbpower.com" <jpetrie@nbpower.com>, "NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>, "lgordon@nbpower.com" <lgordon@nbpower.com>, "SWaycott@nbpower.com" <SWaycott@nbpower.com>, "George.Porter@nbpower.com" <George.Porter@nbpower.com>, "kevgibson@nbpower.com" <kevgibson@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>, "alain.chiasson2@gnb.ca" <alain.chiasson2@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>, "rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com> | |||||||||||
Good afternoon,
Please find attached a Decision from the New Brunswick Energy and Utilities Board in relation to the above noted Matter.
Bonjour,
S'il vous plait trouver ci-joint une décision de la Commission de l’énergie et des services publics du Nouveau-Brunswick 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.
| |||||||||||
Matter 552 - NB Power 2024-2025 General Rate Application - Application for Variance
NBP Regulatory<NBPRegulatory@nbpower.com> | Wed, Oct 25, 2023 at 4:01 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>, "Murray, Leanne" <LMurray@nbpower.com>, "Petrie, Jamie" <JPetrie@nbpower.com>, "Murphy, Darren" <DaMurphy@nbpower.com>, "Porter, George" <George.Porter@nbpower.com>, "Gibson, Kevin" <KevGibson@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>, NBP Regulatory <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> | |||||||||||||
Dear Ms. Mitchell: In relation to the Board’s Order of September 29, 2023, in Matter 552 - NB Power 2024-2025 General Rate Application, NB Power respectfully submits the following documents pertaining to the filing deadline:
Kind regards, Laura Gordon
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.
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N.B. Power says intervention by Higgs government blew up months of budgeting
Utility asks for 7 more weeks to work on overdue rate-increase request
Instead it is asking the New Brunswick Energy and Utilities Board for permission to delay the matter further until sometime just before Christmas.
"I estimate that NB Power will be able to file the GRA [General Rate Application] by no later than December 15, 2023," N.B. Power's chief financial officer Darren Murphy swore in an affidavit submitted to the board on Wednesday.
Citing the chaotic accounting effect of a fundamental change in N.B. Power's debt target made by the New Brunswick government in late September, upending months of budget planning at the utility, Murphy said it will take several weeks of review and recalculation to develop a new plan.
"The entire GRA filing package, which was largely complete as of September 27, 2023 when the Directive was received, must be updated and/or revised to reflect the Directive," said Murphy's affidavit.
N.B.
Power's chief financial officer and senior vice president Darren Murphy
filed an affidavit with the Energy and Utilities Board saying it will
take weeks more to redo the utility's budget, after a surprise change in
its debt targets made by the provincial government. (CBC)
N.B. Power has been under a standing order since 2019 by the EUB to submit its rate increase applications "no later than the first Wednesday of October, each and every year."
At the time, the board said applications submitted later than that had been contributing to N.B. Power's financial problems by making it impossible to have rate increases fully reviewed and approved by the start of its fiscal year on April 1.
In 2019, N.B. Power did not apply for its April rate increase until early January, and final approvals from the utilities board did not occur until mid July. That delayed the start of the rate increase by more than 100 days and cost the utility an estimated $7.7 million in revenue that year, according to the board.
This year the deadline to file the application was Oct. 4, but on Sept. 25, with N.B. Power's months-long budgeting process all but finished, Premier Blaine Higgs signed a cabinet directive suspending a debt target his government had established for the utility back in 2019.
The directive was sent to N.B. Power two days later, on Sept. 27.
Premier
Blaine Higgs signed an order in late September suddenly releasing N.B.
Power from a hard 2027 debt-reduction target. That has forced the
utility to tear up next year's budget and postpone an October rate
increase announcement indefinitely. (Jacques Poitras/CBC)
The original target required N.B. Power to generate sufficient profits to lower its debt level to 80 per cent of the utility's total worth, by March 31, 2027. The new directive cancelled that four-year-old deadline and moved it out two more years to March 31, 2029.
As of March 31 of this year, N.B. Power's net debt had reached a record $5.4 billion, about 94 per cent of the utility's total worth.
For its size, reaching a debt level of 80 per cent at N.B. Power would require the equivalent of $800 million in debt reduction from current levels. Having five-and-a-half years to reach that goal, rather than three-and-a-half, has essentially forced the utility to rip up years of planning and months of budgeting.
Internal scramble triggered
In his affidavit, Murphy details how the province's surprise order triggered an internal scramble at N.B. Power by multiple parties to understand how the change should be dealt with.
He describes "numerous meetings" organized to discuss how to proceed and the delegation of tasks to a group of internal accounting and planning experts to develop revisions and proposals for senior managers to consider
Ideas, he said, are being developed and then tested for "pros and cons" before a new rate increase application is drafted.
"The filing package must then be reviewed internally for accuracy and is subject to review and revision at various levels within N.B. Power before it is finalized and presented to N.B. Power senior management for approval," said Murphy.
"Much of the package is also required to be translated for filing in English and French. This overall process normally takes several weeks of intense effort by many N.B. Power staff, management, and consultants."
Murphy said for those reasons, N.B. Power is unable to file a rate application by the new deadline of Oct. 31, set by the EUB when the utility missed the original Oct. 4 date. It has requested a mid-December deadline instead.
Natural
Resources and Energy Development Minister Mike Holland has said a
decision made by cabinet in late September to release N.B. Power from a
four-year-old debt-reduction target had nothing to do with a potential
early election call (Jacques Poitras/CBC)
Earlier this month, New Brunswick's Natural Resources and Energy Development Minister Mike Holland acknowledged the reason the provincial government changed N.B. Power's debt target was to try to lessen what was expected to be the unveiling of a major rate increase request by the utility on Oct. 4th.
However, he denied the timing of the change was designed to derail the announcement of a rate increase in the event Higgs decided to call a fall election.
"Not politicking at all, not so, said Holland, when asked whether that was a motive for the decision.
A Dec. 15 application deadline would give N.B. Power seven more weeks before having to reveal how much of a rate increase it wants for next year. That is still plenty of time to fit in a four-week provincial election campaign, if the government chooses.
ABOUT THE AUTHOR
76 Comments
David R. Amos
Content Deactivated
The plot thickens
David R. Amos
Content Deactivated
Perhaps Holland should review my many comments over the past year
"Earlier this month, New Brunswick's Natural Resources and Energy
Development Minister Mike Holland acknowledged the reason the
provincial government changed N.B. Power's debt target was to try to
lessen what was expected to be the unveiling of a major rate increase
request by the utility on Oct. 4th.
However, he denied the timing of the change was designed to derail the
announcement of a rate increase in the event Higgs decided to call a
fall election."
"Not politicking at all, not so, said Holland, when asked whether that
was a motive for the decision."
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
David R. Amos
Content Deactivated
Awaiting review
Content Deactivated
Perhaps Holland should review my many comments over the past year
"Earlier this month, New Brunswick's Natural Resources and Energy
Development Minister Mike Holland acknowledged the reason the
provincial government changed N.B. Power's debt target was to try to
lessen what was expected to be the unveiling of a major rate increase
request by the utility on Oct. 4th.
However, he denied the timing of the change was designed to derail the
announcement of a rate increase in the event Higgs decided to call a
fall election."
"Not politicking at all, not so, said Holland, when asked whether that
was a motive for the decision."
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
David R. Amos
Content Deactivated
Awaiting review
David R. Amos
Earlier
this year. N.B. Power president Lori Clark told MLAs that the utility's
rates have been kept artificially low "for the past 12 years" and
needed to come up to deal with its debt troubles.
Nevertheless, she issued a statement Tuesday applauding the two-year extension granted by government to get its debt down to target levels.
"We welcome this directive from the province as it will lessen the short-term rate impact on customers," said the statement from Clark.
"Our financial health remains a priority, and we are continuing to look at all aspects of our operations to ensure we are doing everything we can to improve our bottom line."
A year ago Holland rejected calls from opposition MLAs to intervene in N.B. Power's request for an 8.9 per cent rate increase because it would be hard on consumers. He called that idea irresponsible.
"From the time we took office in 2018, we said that the political games with the utility
had to stop," said Holland.
David R. Amos
"A Dec. 15 application deadline would give N.B. Power
seven more weeks before having to reveal how much of a rate increase it
wants for next year. That is still plenty of time to fit in a four-week
provincial election campaign, if the government chooses."
Yea Right
Mr Jones must have read the email I sent him his morning containing the invitation to the hearing about this matter
"The Board acknowledges receipt of NB Power’s application dated October 25th, 2023, and the affidavit of Darren Murphy sworn October 25th, 2023, as attached.
The Board advises that it will hear NB Power’s application on Monday, October 30th, at 10:00 a.m. by Zoom videoconference.
Please see below the Zoom link information:"
Mike Barkman
By far...the most bumbling excuse for a government NB has ever had.
Ron parker
Reply to Mike Barkman
Alward gov was right up there.
Don Corey
Reply to Mike Barkman
Nope. That dubious honour belongs to either Graham or Gallant......just flip a coin.
Deborah Reddon
Reply to Mike Barkman
Another Flip Flop by Higgs. Goes in one direction then without thinking it through heads in the other. He's a liability
David R. Amos
Content Deactivated
Content Deactivated
Reply to Don Corey
The head on my coin is Bernie Lord
RE: Matter 552 - NB Power 2024-2025 General Rate Application - Application for Variance
David Amos<david.raymond.amos333@gmail.com> | Fri, Oct 27, 2023 at 10:03 AM |
| To: "Holland, Mike (LEG)" <mike.holland@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, Melissa Curran <Melissa.Curran@nbeub.ca>, NBP Regulatory <NBPRegulatory@nbpower.com>, "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "Sollows, David (DNRED/MRNDE)" <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>, "Murray, Leanne" <LMurray@nbpower.com>, "Petrie, Jamie" <JPetrie@nbpower.com>, "Murphy, Darren" <DaMurphy@nbpower.com>, "Porter, George" <George.Porter@nbpower.com>, "Gibson, Kevin" <KevGibson@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>, Susan Colwell <Susan.Colwell@nbeub.ca>, "tyler.rajeski@twinriverspaper.com" <tyler.rajeski@twinriverspaper.com>, "darcy.ouellette@twinriverspaper.com" <darcy.ouellette@twinriverspaper.com>, Len Hoyt <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> | |
| Cc: motomaniac333 <motomaniac333@gmail.com>, Alain.Chiasson2@gnb.ca, "Robert. Jones" <Robert.Jones@cbc.ca> | |
https://www.cbc.ca/news/ N.B. Power says intervention by Higgs government blew up months of budgeting Utility asks for 7 more weeks to work on overdue rate-increase request Robert Jones · CBC News · Posted: Oct 26, 2023 2:23 PM ADT Company's name on the side of a stone building. N.B. Power is asking to postpone filing for an April 2024 rate increase, that was due on Oct. 4, until mid December. (Michael Heenan/CBC) N.B. Power says it is unable to meet an extended deadline of Oct. 31 to file an application for an April rate increase, after missing its original filing date of Oct. 4. Instead it is asking the New Brunswick Energy and Utilities Board for permission to delay the matter further until sometime just before Christmas. "I estimate that NB Power will be able to file the GRA [General Rate Application] by no later than December 15, 2023," N.B. Power's chief financial officer Darren Murphy swore in an affidavit submitted to the board on Wednesday. Citing the chaotic accounting effect of a fundamental change in N.B. Power's debt target made by the New Brunswick government in late September, upending months of budget planning at the utility, Murphy said it will take several weeks of review and recalculation to develop a new plan. "The entire GRA filing package, which was largely complete as of September 27, 2023 when the Directive was received, must be updated and/or revised to reflect the Directive," said Murphy's affidavit. A man in a dark suit is speaking. N.B. Power's chief financial officer and senior vice president Darren Murphy filed an affidavit with the Energy and Utilities Board saying it will take weeks more to redo the utility's budget, after a surprise change in its debt targets made by the provincial government. (CBC) N.B. Power has been under a standing order since 2019 by the EUB to submit its rate increase applications "no later than the first Wednesday of October, each and every year." At the time, the board said applications submitted later than that had been contributing to N.B. Power's financial problems by making it impossible to have rate increases fully reviewed and approved by the start of its fiscal year on April 1. N.B. Power rate increase announcement cancelled, province retracts debt reduction target N.B. Power leaping into new ventures to tackle debt In 2019, N.B. Power did not apply for its April rate increase until early January, and final approvals from the utilities board did not occur until mid July. That delayed the start of the rate increase by more than 100 days and cost the utility an estimated $7.7 million in revenue that year, according to the board. This year the deadline to file the application was Oct. 4, but on Sept. 25, with N.B. Power's months-long budgeting process all but finished, Premier Blaine Higgs signed a cabinet directive suspending a debt target his government had established for the utility back in 2019. The directive was sent to N.B. Power two days later, on Sept. 27. A man in a blue suit and tie shrugs as he answers questions before an array of journalists' microphones. Premier Blaine Higgs signed an order in late September suddenly releasing N.B. Power from a hard 2027 debt-reduction target. That has forced the utility to tear up next year's budget and postpone an October rate increase announcement indefinitely. (Jacques Poitras/CBC) The original target required N.B. Power to generate sufficient profits to lower its debt level to 80 per cent of the utility's total worth, by March 31, 2027. The new directive cancelled that four-year-old deadline and moved it out two more years to March 31, 2029. As of March 31 of this year, N.B. Power's net debt had reached a record $5.4 billion, about 94 per cent of the utility's total worth. For its size, reaching a debt level of 80 per cent at N.B. Power would require the equivalent of $800 million in debt reduction from current levels. Having five-and-a-half years to reach that goal, rather than three-and-a-half, has essentially forced the utility to rip up years of planning and months of budgeting. Internal scramble triggered In his affidavit, Murphy details how the province's surprise order triggered an internal scramble at N.B. Power by multiple parties to understand how the change should be dealt with. He describes "numerous meetings" organized to discuss how to proceed and the delegation of tasks to a group of internal accounting and planning experts to develop revisions and proposals for senior managers to consider Ideas, he said, are being developed and then tested for "pros and cons" before a new rate increase application is drafted. "The filing package must then be reviewed internally for accuracy and is subject to review and revision at various levels within N.B. Power before it is finalized and presented to N.B. Power senior management for approval," said Murphy. "Much of the package is also required to be translated for filing in English and French. This overall process normally takes several weeks of intense effort by many N.B. Power staff, management, and consultants." Murphy said for those reasons, N.B. Power is unable to file a rate application by the new deadline of Oct. 31, set by the EUB when the utility missed the original Oct. 4 date. It has requested a mid-December deadline instead. A man wearing a suit standing in front of a brown building Natural Resources and Energy Development Minister Mike Holland has said a decision made by cabinet in late September to release N.B. Power from a four-year-old debt-reduction target had nothing to do with a potential early election call (Jacques Poitras/CBC) Earlier this month, New Brunswick's Natural Resources and Energy Development Minister Mike Holland acknowledged the reason the provincial government changed N.B. Power's debt target was to try to lessen what was expected to be the unveiling of a major rate increase request by the utility on Oct. 4th. However, he denied the timing of the change was designed to derail the announcement of a rate increase in the event Higgs decided to call a fall election. "Not politicking at all, not so, said Holland, when asked whether that was a motive for the decision. N.B. Power turned down for 8.9% rate increase Downward turn in N.B. Power finances stuns the utility's rate hearing A Dec. 15 application deadline would give N.B. Power seven more weeks before having to reveal how much of a rate increase it wants for next year. That is still plenty of time to fit in a four-week provincial election campaign, if the government chooses. 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 76 Comments David R. Amos Content Deactivated The plot thickens David R. Amos Awaiting review Perhaps Holland should review my many comments over the past year "Earlier this month, New Brunswick's Natural Resources and Energy Development Minister Mike Holland acknowledged the reason the provincial government changed N.B. Power's debt target was to try to lessen what was expected to be the unveiling of a major rate increase request by the utility on Oct. 4th. However, he denied the timing of the change was designed to derail the announcement of a rate increase in the event Higgs decided to call a fall election." "Not politicking at all, not so, said Holland, when asked whether that was a motive for the decision." 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 David R. Amos Awaiting review https://www.cbc.ca/news/ ---------- Original message ---------- From: "Chiasson, Alain (OAG/CPG)" <Alain.Chiasson2@gnb.ca> Date: Fri, 27 Oct 2023 11:59:03 +0000 Subject: RE: Matter 552 - NB Power 2024-2025 General Rate Application - Application for Variance To: Melissa Curran <Melissa.Curran@nbeub.ca>, NBP Regulatory <NBPRegulatory@nbpower.com>, "louis-philippe.gauthier@cfib. <louis-philippe.gauthier@cfib. <frederic.gionet@cfib.ca>, "David.Raymond.Amos333@gmail. <David.Raymond.Amos333@gmail. <David.Sollows@gnb.ca>, "Daly, Gerard" <daly@nbnet.nb.ca>, "hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>, "Brandy.Gellner@ <Brandy.Gellner@ "dave.lavigne@ <dave.lavigne@ "Gilles.volpe@ <Gilles.volpe@ <JohnFurey@fureylegal.com>, "Murray, Leanne" <LMurray@nbpower.com>, "Petrie, Jamie" <JPetrie@nbpower.com>, "Murphy, Darren" <DaMurphy@nbpower.com>, "Porter, George" <George.Porter@nbpower.com>, "Gibson, Kevin" <KevGibson@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Young, Dave" <Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com <Aherrington@lawsoncreamer.com <Michael.Dickie@nbeub.ca>, "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>, Veronique Otis <Veronique.Otis@nbeub.ca>, Susan Colwell <Susan.Colwell@nbeub.ca>, "tyler.rajeski@ <tyler.rajeski@ "darcy.ouellette@ <darcy.ouellette@ <Len.Hoyt@mcinnescooper.com>, "paul.black@twinriverspaper. <paul.black@twinriverspaper. <tammy.grieve@mcinnescooper. <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>, "rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com>, "gzacher@stikeman.com" <gzacher@stikeman.com> Received! From: Melissa Curran <Melissa.Curran@nbeub.ca> Sent: Thursday, October 26, 2023 11:58 AM To: NBP Regulatory <NBPRegulatory@nbpower.com>; louis-philippe.gauthier@cfib. David.Raymond.Amos333@gmail. <David.Sollows@gnb.ca>; Daly, Gerard <daly@nbnet.nb.ca>; hanrahan.dion@jdirving.com; Brandy.Gellner@ dave.lavigne@libertyutilities. JohnFurey@fureylegal.com; Murray, Leanne <LMurray@nbpower.com>; Petrie, Jamie <JPetrie@nbpower.com>; Murphy, Darren <DaMurphy@nbpower.com>; Porter, George <George.Porter@nbpower.com>; Gibson, Kevin <KevGibson@nbpower.com>; Gordon, Laura <LGordon@nbpower.com>; NBEUB/CESPNB <General@nbeub.ca>; Young, Dave <Dave.Young@nbeub.ca>; 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>; tyler.rajeski@twinriverspaper. darcy.ouellette@ <Len.Hoyt@mcinnescooper.com>; paul.black@twinriverspaper.com tammy.grieve@mcinnescooper.com shelley.wood@sjenergy.com; dan.dionne@perth-andover.com; pierreroy@edmundston.ca; rburgoyne@coxandpalmer.com; gzacher@stikeman.com; Chiasson, Alain (OAG/CPG) <Alain.Chiasson2@gnb.ca> Subject: RE: Matter 552 - NB Power 2024-2025 General Rate Application - Application for Variance ATTENTION! External email / courriel externe. The Board acknowledges receipt of NB Power's application dated October 25th, 2023, and the affidavit of Darren Murphy sworn October 25th, 2023, as attached. The Board advises that it will hear NB Power's application on Monday, October 30th, at 10:00 a.m. by Zoom videoconference. Please see below the Zoom link information: Zoom link: https://us06web.zoom.us/ La Commission accuse réception de la demande d'Énergie NB datée du 25 octobre 2023 et de l'affidavit de Darren Murphy fait sous serment le 25 octobre 2023, ci-joint. La Commission avise qu'il entendra la demande d'Énergie NB le lundi 30 octobre à 10 h 00 par vidéoconférence Zoom. Veuillez voir ci-dessous les informations sur le lien Zoom : Lien Zoom : https://us06web.zoom.us/ Melissa Curran Deputy Chief Clerk / Greffière en chef adjointe (506) 658-2504 (General/Général) (506) 643-7334 (Direct/Directe) [Text Description automatically generated] 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. From: NBP Regulatory <NBPRegulatory@nbpower.com< Sent: Wednesday, October 25, 2023 4:02 PM To: louis-philippe.gauthier@cfib. frederic.gionet@cfib.ca< David.Raymond.Amos333@gmail. david.sollows@gnb.ca<mailto:da <daly@nbnet.nb.ca<mailto:daly@ hanrahan.dion@jdirving.com< Brandy.Gellner@ dave.lavigne@libertyutilities. Gilles.volpe@libertyutilities. JohnFurey@fureylegal.com< Leanne <LMurray@nbpower.com<mailto:LM Jamie <JPetrie@nbpower.com<mailto:JP Darren <DaMurphy@nbpower.com<mailto:D George <George.Porter@nbpower.com< Gibson, Kevin <KevGibson@nbpower.com<mailto: Gordon, Laura <LGordon@nbpower.com<mailto:LG Regulatory <NBPRegulatory@nbpower.com< NBEUB/CESPNB <General@nbeub.ca<mailto:Gener <Dave.Young@nbeub.ca<mailto:Da Aherrington@lawsoncreamer.com< Dickie, Michael <Michael.Dickie@nbeub.ca< 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. darcy.ouellette@ Hoyt, Len <len.hoyt@mcinnescooper.com< paul.black@twinriverspaper.com tammy.grieve@mcinnescooper.com jeff.garrett@sjenergy.com< shelley.wood@sjenergy.com< dan.dionne@perth-andover.com< pierreroy@edmundston.ca< rburgoyne@coxandpalmer.com< gzacher@stikeman.com<mailto:gz alain.chiasson2@gnb.ca<mailto: Subject: Matter 552 - NB Power 2024-2025 General Rate Application - Application for Variance Dear Ms. Mitchell: In relation to the Board's Order of September 29, 2023, in Matter 552 - NB Power 2024-2025 General Rate Application, NB Power respectfully submits the following documents pertaining to the filing deadline: * Application for Variance * Affidavit of Darren Murphy Kind regards, Laura Gordon [cid:image002.png@01DA08B3. Corporate Regulatory Affairs T: 506.458.4959 C: 506.429.8556 nbpower.com | energienb.com ______________________________ This e-mail communication (including any or all attachments) is intended only for the use of the person or entity to which it is addressed and may contain confidential and/or privileged material. If you are not the intended recipient of this e-mail, any use, review, retransmission, distribution, dissemination, copying, printing, or other use of, or taking of any action in reliance upon this e-mail, is strictly prohibited. If you have received this e-mail in error, please contact the sender and delete the original and any copy of this e-mail and any printout thereof, immediately. Your co-operation is appreciated. Le présent courriel (y compris toute pièce jointe) s'adresse uniquement à son destinataire, qu'il soit une personne ou un organisme, et pourrait comporter des renseignements privilégiés ou confidentiels. 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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> | 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. ---------- Forwarded message ---------- David Amos <david.raymond.amos333@gmail. John Furey <JohnFurey@fureylegal.com> AttachmentWed, Jul 5, 2023 at 1:03 PM To: "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>, "David.Raymond.Amos333@gmail. "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@ Cc: "Waycott, Stephen" <SWaycott@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com> Dear Ms. Mitchell, Counsel and Registered Parties, Please find attached the following documentation: 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); Court Stamped copy of the Affidavit of Darren Murphy dated July 4, 2023; 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 Phone: 506-444-1328 Fax: 506-300-2076 5 attachments — Scan and download all attachments Notice of Application (Stamped Copy - July 5 2023).pdf 916K View as HTML Scan and download Affidavit of Darren Murphy dated July 4 2023 (Stamped Copy).pdf 14770K View as HTML Scan and download Correspondence Registrar's Office-Hearing Date.pdf 41K View as HTML Scan and download Acknowledgement of Receipt.pdf 70K View as HTML Scan and download Acknowledgement of Receipt.docx 15K View as HTML Scan and download | |
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) | |
On 7/6/23, David Amos <david.raymond.amos333@gmail.
> 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
> 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
>>
>>
>
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