Re: Matter 552 - NB Power 2024-2025 And Games People Play
David Amos<david.raymond.amos333@gmail.com> | Fri, Feb 16, 2024 at 3:06 AM |
| To: "blaine.higgs" <blaine.higgs@gnb.ca>, "Holland, Mike (LEG)" <mike.holland@gnb.ca>, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>, keith.chiasson@gnb.ca, jacques.j.leblanc@gnb.ca, jean-claude.d'amours@gnb.ca, robert.mckee@gnb.ca, robert.gauvin@gnb.ca, Mark.Blakely@rcmp-grc.gc.ca, "martin.gaudet" <martin.gaudet@fredericton.ca>, premier <premier@gnb.ca>, dominic.cardy@gnb.ca, "Arseneau, Kevin (LEG)" <kevin.a.arseneau@gnb.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>, "John.Williamson" <John.Williamson@parl.gc.ca>, "rob.moore" <rob.moore@parl.gc.ca>, "Bill.Oliver" <Bill.Oliver@gnb.ca>, "Trevor.Holder" <Trevor.Holder@gnb.ca>, "jeff.carr" <jeff.carr@gnb.ca>, "Daniel.J.Allain" <Daniel.J.Allain@gnb.ca>, Dorothy.Shephard@gnb.ca, "andrea.anderson-mason" <andrea.anderson-mason@gnb.ca>, susan.holt@gnb.ca, LTgov@gnb.ca, "bruce.fitch" <bruce.fitch@gnb.ca>, "Benoit.Bourque" <Benoit.Bourque@gnb.ca>, "Rene.Legacy" <Rene.Legacy@gnb.ca>, "guy.arseneault" <guy.arseneault@gnb.ca>, "chuck.chiasson" <chuck.chiasson@gnb.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>, rrichard <rrichard@nb.aibn.com> | |
| Cc: "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, david@ibew37.com, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, mike.legere@adityabirla.com, Ron.marcolin@cme-mec.ca, executivedirector@forestnb.com, "Brandy.Gellner@libertyutilities.com" <Brandy.Gellner@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>, pmckay@nbpower.com, lgordon@nbpower.com, kevgibson@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>, "Hoyt, Len" <len.hoyt@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>, ryan.mitchell@sjenergy.com, pzarnett@bdrenergy.com, "rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com>, hwafaei@stikeman.com, "gzacher@stikeman.com" <gzacher@stikeman.com>, hanrahan.dion@jdirving.com, "alain.chiasson2@gnb.ca" <alain.chiasson2@gnb.ca>, randy@sjhdc.ca, dustin@emrydia.com, rdk@indecon.com, shelley@nbcpd.org | |
---------- Original message ---------- From: John Furey <JohnFurey@fureylegal.com> Date: Thu, 15 Feb 2024 20:31:03 +0000 Subject: Automatic reply: RE Matter 552 - NB Power 2024-2025 Its obvious Holland's minions in NB Power are pulling a fast one within the EUB before Higgy has a writ dopped an Mikey is out a job To: David Amos <david.raymond.amos333@gmail. I am away from my office until Tuesday, February 20, 2024, and have limited access to email. If your matter requires immediate attention, please contact me directly at 506-444-1328. https://davidraymondamos3. Monday 5 February 2024 Games People Play | |
Delayed N.B. Power rate request promoted as a government achievement by PC Party
Premier Blaine Higgs personally credited with thwarting increase despite ordering utility to shape up
New Brunswick's Progressive Conservative Party is applauding the possibility N.B. Power may not be able to raise electricity rates as planned on April 1 even though that may cost the utility $32.6 million in revenue it needs to reach financial targets set for it by the Progressive Conservative government.
"Who would you rather see get the $32.6M? N.B. Power? Or N.B. Families?" the PC party posted on its social media platforms Tuesday about the potential for a delayed rate increase.
N.B. Power has applied for a 9.25 per cent increase that it says it needs to begin on April 1, but a hearing by the New Brunswick Energy and Utilities Board into that request isn't scheduled to start until mid-May because it was submitted more than 10 weeks late.
That, N.B. Power fears, could push a decision on new rates from the EUB out until July 1, which its lawyer John Furey has said the utility cannot afford.
"Even in the most optimistic scenario in which the board is able to render a partial decision which enables the implementation of rates by July 1, 2024, N.B. Power will sustain a negative net impact of $32.636 million," Furey wrote in a submission to the EUB last week.
In
posts on X and Facebook, New Brunswick's PC Party said Premier Blaine
Higgs 'helped save ratepayers"' by causing N.B. Power to file its rate
increase request 72 days late. (PCNB / Facebook)
N.B. Power was operating under a directive from the EUB to file for new rates by Oct. 4 to allow for the submission of evidence for and against the proposal, a full hearing on that collected evidence and a decision, prior to April 1.
However, on Sept. 25, nine days before that October filing deadline, Premier Blaine Higgs signed a cabinet order extending debt targets N.B. Power has to meet by two years, from March 2027 to March 2029.
That significantly lowered the amount of money the utility would need for immediate debt reduction in the coming year and it upended five months of budgeting at N.B. Power which then had to be reconstructed.
Eventually the rate request was filed on Dec. 15, 72 days late.
"The entire GRA (general rate application) filing package, which was largely complete as of September 27, 2023, when the directive was received, must be updated and/or revised to reflect that directive," N.B. Power's chief financial officer Darren Murphy said in an affidavit explaining the delay to the board.
In its social media posts Tuesday the PC party credited Premier Blaine Higgs personally for causing the delay in N.B. Power's application and putting its April 1 increase in jeopardy.
Prominent
PC candidate Faytene Grasseschi told followers that the Higgs
government 'chose families' when it slowed down N.B. Power's application
for new rates. (Faytene Grasseschi/ X)
Premier Blaine Higgs "and the PCNB Government helped save ratepayers from at least some of N.B. Power's massive planned hike," it wrote.
Prominent PC candidate in the riding of Hampton-Fundy-St. Martins Faytene Grasseschi amplified the post on her own platforms and suggested that forcing a delay in N.B. Power's application had been done by the premier and cabinet on purpose.
"The provincial (PCNB) government chose families," wrote Grasseschi.
However, the "massive planned hike" the PC party says Higgs interfered with flows from instructions given to N.B. Power by Higgs in the first place.
In its 300-page rate application, N.B. Power states it needs to generate more than $1 billion in profit over the next five years to meet financial targets it was given in the premier's Sept. 25 directive and that starts with a 9.25 per cent rate increase on April 1 and a second 9.25 per cent increase the following April.
"The Executive Council of the Government of New Brunswick directs N.B. Power to make plans to achieve a capital structure of at least 20 per cent equity by 2029," states the application.
Natural
Resources and Energy Development Minister Mike Holland has expressed
concerns for several years about N.B. Power's financial condition and
has argued for less government interference in its affairs. (Jacques Poitras/CBC)
"The requested [9.25 per cent] increases form the starting point for achieving 20 per cent equity by March 31, 2029."
The Higgs government has insisted for several years N.B. Power needs to improve its financial condition by reducing its high debt levels, a position also taken by New Brunswick's last two auditors general.
Originally in December, Energy Minister Mike Holland said he wasn't happy to see the large increase N.B. Power was asking for but said he supported it taking action to get its finances in order.
"Nobody wants to see something like that, but it is a part of the process of the utility properly putting together a rate increase request," said Holland.
On Wednesday Holland's office did not return messages asking about the PC Party posts crediting the government with slowing down N.B. Power's application.
Doug Williams, executive director of the New Brunswick PC Party said the post was made to counterbalance a CBC article on the issue published last Monday that presented the delayed rate increase only as a problem for N.B. Power, not a benefit to utility customers.
N.B.
Power says it needs to turn more than $1 billion in profit over five
years to meet 2029 financial targets set for it by the Higgs government,
starting with a 9.25 per cent increase this April. (Michael Heenan/CBC)
"The CBC article only chose to focus on "revenue loss" for N.B. Power," wrote Williams in an email.
"PCNB wanted to provide balance to the discussion by highlighting that changing the debt reduction dates for N.B. Power equals more money in the pocket of New Brunswickers."
N.B. Power has applied to the EUB for a special interim rate increase to take effect on April 1 that it says it can refund to customers in whole or in part if the May hearing does not support what it has asked for.
A similar request in 2016 was rejected by the board.
N.B. Power claims without an interim increase it will suffer $32.6 million in lost revenue in April, May and June that it cannot afford to give up.
About half of that would be revenue from residential customers and half from commercial and industrial customers.
The EUB will hear arguments on that application March 1.
ABOUT THE AUTHOR
David Amos
Does anyone recall NB Power suing the EUB last year???
Surprise Surprise Surprise
New Brunswick Power Corporation
APPLICATION FOR INTERIM RATES
NOTICE
New Brunswick Power Corporation has filed a Notice of Motion with the
New Brunswick Energy and Utilities Board seeking an interim order as
follows:
1. Approving the schedule of rates for the 2024/25 fiscal year as set
out in Exhibit NBP 02.07 in Matter 552 which reflects differential
rates and an average 9.25 per cent increase to all customer classes,
effective from April 1, 2024 until further Order of the Board;
2. Directing NB Power to make billing adjustments for customers in the
event that final rates approved by the Board are different than rates
approved in the Interim Order, and further directing NB Power to keep
appropriate records to permit such adjustments;
3. Directions respecting the hearing of this Motion; and
4. Such further Orders and Directions as the Board may deem appropriate.
NB Power’s Notice of Motion and the supporting affidavit may be viewed
on the Board’s website at www.nbeub.ca under Matter No. 552.
As per Rule 4.3 of the Rules of Procedure, any party to this matter
who wishes to respond to the Motion must file and serve on all other
parties, a written response outlining the party’s position and the
grounds for same along with a specific indication of any evidence upon
which the party seeks to present or rely no later than Thursday,
February 8th at 4:00 p.m. (Atlantic Time).
its written argument in support of its motion, including copies of any
authorities upon which it intends to rely no later than Thursday,
February 15th at 4:00 p.m. (Atlantic Time).
Parties who have filed a written response to the Motion are to file
their written argument outlining their position in response to the
Motion, including copies of any authorities upon which they intend to
rely no later than Thursday, February 22nd at 4:00 p.m. (Atlantic
Time).
The Board will hold an in-person hearing on the Motion for Interim
Rates on Friday, March 1, 2024, beginning at 9:30 a.m. (Atlantic
Time). The location will be confirmed by the Board shortly.
New Brunswick Energy and Utilities Board
P.O. Box 5001
Suite 1400, 15 Market Square
Saint John, NB E2L 4Y9
Telephone: (506) 658-2504
Toll Free 1-866-766-2782
Fax: (506) 643-7300
E-Mail: general@nbeub.
who wishes to respond to the Motion must file and serve on all other
parties, a written response outlining the party’s position and the
grounds for same along with a specific indication of any evidence upon
which the party seeks to present or rely no later than Thursday,
February 8th at 4:00 p.m. (Atlantic Time).
Joe South - Games People Play (1969)
Minister of Natural Resources and Energy Mike Holland rants of leaving politics with Blogger!
Charles Leblanc---------- Original message ----------
From: "Holland, Mike Hon. (ERD/DER)" <Mike.Holland@gnb.ca>
Date: Thu, 9 Apr 2020 19:33:51 +0000
Subject: Automatic reply: Yo Mikey Holland and Johnny Green Does your buddy Chucky Leblanc have the balls to ask Roger Brown about my 1965 Harley and the Yankee Wiretaps tapes in its saddlebag?
To: David Amos <david.raymond.amos333@gmail.com>
Thank you for your email. Your thoughts, comments and input are greatly valued. You can be assured that all emails and letters are carefully read, reviewed and taken into consideration.
If your issue is Constituency related, please contact Cheryl Layton at my constituency office in Albert at (506) 856-4961 or Cheryl.Layton@gnb.ca.
Thanks again for your email!
Mike Holland
Minister
MLA, Albert
--------------------------------------------------------------------------------------------------------------------
Merci pour votre courriel. Nous vous sommes très reconnaissants de nous avoir fait part de vos idées, commentaires et observations. Nous tenons à vous assurer que nous lisons attentivement et prenons en considération tous les courriels et lettres que nous recevons.
Si votre courriel est lié à un enjeu de circonscription, veuillez contacter Cheryl Layton à mon bureau de circonscription dans Albert au (506) 856-4961 ou Cheryl.Layton@gnb.ca.
Merci encore pour votre courriel!
Mike Holland
Ministre
Député, Albert
---------- Forwarded message ----------
From: "Holland, Mike Hon. (ERD/DER)" <Mike.Holland@gnb.ca>
Date: Tue, 16 Apr 2019 18:17:10 +0000
Subject: Automatic reply: CBC and their questionable reporting of the
NB Power General Rate Applications
To: David Amos <motomaniac333@gmail.com>
Thank you for your email. Your thoughts, comments and input are
greatly valued. You can be assured that all emails and letters are
carefully read, reviewed and taken into consideration.
If your issue is Constituency related, please contact Cheryl Layton at
my constituency office in Albert at (506) 856-4961 or
Cheryl.Layton@gnb.ca.
Thanks again for your email!
Mike Holland
Minister
MLA, Albert
------------------------------
Merci pour votre courriel. Nous vous sommes très reconnaissants de
nous avoir fait part de vos idées, commentaires et observations. Nous
tenons à vous assurer que nous lisons attentivement et prenons en
considération tous les courriels et lettres que nous recevons.
Si votre courriel est lié à un enjeu de circonscription, veuillez
contacter Cheryl Layton à mon bureau de circonscription dans Albert au
(506) 856-4961 ou Cheryl.Layton@gnb.ca.
Merci encore pour votre courriel!
Mike Holland
Ministre
Député, Albert
From: David Amos <david.raymond.amos333@gmail.
Date: Sat, 2 Mar 2019 10:16:51 -0400
Subject: YO Mikey Holland So Says the EUB So Say You All? RE Matter
430 - NB Power 2019-2020 General Rate Application
To: "blaine.higgs" <blaine.higgs@gnb.ca>, premier <premier@gnb.ca>,
"Holland, Mike (LEG)" <mike.holland@gnb.ca>, "David.Coon"
<David.Coon@gnb.ca>, "kris.austin" <kris.austin@gnb.ca>, "Robert.
Jones" <Robert.Jones@cbc.ca>, "robert.gauvin" <robert.gauvin@gnb.ca>,
"denis.landry2" <denis.landry2@gnb.ca>, "brian.gallant"
<brian.gallant@gnb.ca>, oldmaison <oldmaison@yahoo.com>,
"steve.murphy" <steve.murphy@ctv.ca>, "David.Akin"
<David.Akin@globalnews.ca>, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>
<hugh.flemming@gnb.ca>, "robert.mckee" <robert.mckee@gnb.ca>,
"Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>, "hon.ralph.goodale"
<hon.ralph.goodale@canada.ca>, "Hon.Dominic.LeBlanc"
<Hon.Dominic.LeBlanc@canada.ca
<Bill.Morneau@canada.ca>, "Jody.Wilson-Raybould"
<Jody.Wilson-Raybould@parl.gc.
<Gerald.Butts@pmo-cpm.gc.ca>, Newsroom <Newsroom@globeandmail.com>,
newsn <news@kingscorecord.com>, news <news@dailygleaner.com>, news919
<news919@rogers.com>, news <news@hilltimes.com>, "maxime.bernier"
<maxime.bernier@parl.gc.ca>, "andrew.scheer"
<andrew.scheer@parl.gc.ca>, "Alaina.Lockhart"
<Alaina.Lockhart@parl.gc.ca>, "Karen.Ludwig"
<Karen.Ludwig@parl.gc.ca>, "martine.turcotte"
<martine.turcotte@bell.ca>, "Matt.DeCourcey"
<Matt.DeCourcey@parl.gc.ca>, andre <andre@jafaust.com>, jbosnitch
<jbosnitch@gmail.com>, "Arseneau, Kevin (LEG)"
<kevin.a.arseneau@gnb.ca>, "Mitton, Megan (LEG)"
<megan.mitton@gnb.ca>, "rick.desaulniers" <rick.desaulniers@gnb.ca>,
"michelle.conroy" <michelle.conroy@gnb.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, "Diane.Lebouthillier"
<Diane.Lebouthillier@cra-arc.
<Diane.Lebouthillier@parl.gc.
---------- Forwarded message ----------
From: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>
Date: Fri, 1 Mar 2019 16:15:36 +0000
Subject: Matter 430 - NB Power 2019-2020 General Rate Application /
Instance Nº 430 - Énergie NB Demande générale de tarifs pour 2019-2020
To: "David.Raymond.Amos333@gmail.
<David.Raymond.Amos333@gmail.
<david.sollows@gnb.ca>, "Paul.Volpe@enbridge.com"
<Paul.Volpe@enbridge.com>, "dave.lavigne@enbridge.com"
<dave.lavigne@enbridge.com>, "Gilles.volpe@enbridge.com"
<Gilles.volpe@enbridge.com>, "jeffery.callaghan@
<jeffery.callaghan@
<gerald@kissnb.com>, "cstewart@stewartmckelvey.com"
<cstewart@stewartmckelvey.com>
<hanrahan.dion@jdirving.com>, "lcozzarini@nbpower.com"
<lcozzarini@nbpower.com>, "jfurey@nbpower.com" <jfurey@nbpower.com>,
"SWaycott@nbpower.com" <SWaycott@nbpower.com>,
"NBPRegulatory@nbpower.com" <NBPRegulatory@nbpower.com>,
"wharrison@nbpower.com" <wharrison@nbpower.com>,
"bcrawford@nbpower.com" <bcrawford@nbpower.com>, "Lawton, John"
<John.Lawton@nbeub.ca>, "Desmond, Ellen" <ecdesmond@nbeub.ca>,
"Dickie, Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave"
<Dave.Young@nbeub.ca>, "Mitchell, Kathleen"
<Kathleen.Mitchell@nbeub.ca>, NBEUB/CESPNB <General@nbeub.ca>,
"heather.black@gnb.ca" <heather.black@gnb.ca>, "rdk@indecon.com"
<rdk@indecon.com>, "rrichard@nb.aibn.com" <rrichard@nb.aibn.com>,
"jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
"dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>
"pierreroy@edmundston.ca" <pierreroy@edmundston.ca>,
"ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>,
"sstoll@airdberlis.com" <sstoll@airdberlis.com>,
"pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>
Good afternoon,
Please find attached a Decision in connection with the above-noted matter.
Bonjour,
Veuillez trouver ci-joint une Décision de la Commission dans le cadre
de l'instance susmentionnée.
Kathleen Mitchell
Chief Clerk | Greffière en chef
Energy & Utilities Board | Commission de l'énergie et des services
publics du N.-B.
15 Market Square, Suite 1400
Saint John, NB E2L 4Y9
506-643-7324 (direct)
506-658-2504 (reception)
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https://www.cbc.ca/news/
NB Power behind on plan to pay down $1 billion in debt
The utility would need to increase rates by 22.3% to pay down its debt on schedule
NB Power's seven-year-old plan to pay down $1 billion in debt is so far behind schedule it will require cumulative rate hikes to customers of 22.3 per cent over the next five years — more than double the expected rate of inflation — if the utility is to meet debt reduction levels it is supposed to by 2025.
The utility says it has not made any decision to push for rate hikes of that size to meet its 2025 financial goals, but documents filed with the Energy and Utilities Board hint that dual corporate objectives of low debt and low rates are beginning to conflict and may soon force a choice.
"NB Power still believes that these (2025 debt targets) are appropriate financial objectives but must be balanced against the objectives of low and stable rates," it wrote in explaining the size of rate hikes that would be required to keep to its current debt repayment timetable.
NB Power has been committed since 2011 to paying down $1 billion in debt and building a 20 per cent equity cushion into its financial structure. It initially picked 2021 as a target date but made almost no headway in early years and eventually switched the deadline to 2024 and then again to 2025.
In 2012 the utility incorporated debt reduction into its strategic plan as one of "three pillars" that would guide its future direction. NB Power president Gaetan Thomas promised there would be steady improvement once the Point Lepreau nuclear generator finished renovations and came back online later that year.
"Following refurbishment, net debt levels are forecasted (sic) to begin a gradual decline to meet the $1 billion reduction target by 2020/21," Thomas wrote in his "message from the president" in the utility's 2012 annual report.
NB
Power President Gaetan Thomas promised there would be steady
improvement once renovations to the Point Lepreau nuclear generator were
complete and it was online. (CBC)
After peaking at $5.06 billion in March of 2013 the utility laid out a plan to reduce its net debt to $3.95 billion by 2021 but various problems, including poor performance by Lepreau, vicious storm damage and other unexpected expenses laid waste to those commitments.
New estimates show NB Power's debt is now forecast to settle at $4.98 billion in 2021, almost $1 billion higher than managers originally planned, and will not improve significantly by 2025 without major rate hikes or substantial internal cost reductions.
A third option is to delay debt reduction goals for a third time to 2026 or 2029, depending on the size of rate increases in future years.
NB Power spokesman Marc Belliveau said in an email no course of action has been chosen. The utility has applied for a 2.5 per cent increase in rates this year and decisions on whether to favour debt reduction over low rates or the other way around in future years will not be made soon.
"The figures presented in the report aren't options — they are presented merely as a sensitivity to show how fiscal pressures have affected the utility in the past year, and the various scenarios should not be interpreted as either/or options," wrote Belliveau.
"Any applications made beyond 2019-2020 would take in new information, in order to provide stable rates, meet our costs, and pay down debt."
ABOUT THE AUTHOR
185 Comments
David Amos
Methinks the folks who offer their opinions on NB Power's debt and
rate hikes should consider attending the first day of the public EUB
hearing of the 430 Matter today at 9.30 AM in the Delta Hotel in Saint
John N'esy Pas?
David Amos
Methinks tomorrow should prove to be an interesting day at the EUB
hearing o the 430 Matter byway of all the documents that the NB Power
lawyers served on me at the last minute Anyone can download them from
the EUB website if they truly cared N'esy Pas?
Mark (Junkman) George
Here is "the deal".
It serves no one's purpose to run NB Hydro efficiently.
The politicians don't care and see it only as a source to provide
patronage positions.
The folks running it have no desire to operate it efficiently,
otherwise they would have no excuse for rate hikes, and big budgets
indexed to their bonuses.
I *guess*, on many levels, privatization is an answer of sorts, but
does not assure efficient operation and/or decent competitive energy
pricing.
I *suppose* the best thing to do is remove all political control along
with all the middle managers.
Roger Richard
@Mark (Junkman) George You may be right, we should be able to find a
solution. But I wonder where integrity when?
David Amos
@Roger Richard Methinks you know as well as I that I will have another
chance to teach NB Power, the EUB and many lawyers a lesson about
Integrity tomorrow morning at 9.30 in the Delta Hotel in Saint John
N'esy Pas mon cher ami???
Wednesday 14 February 2024
Province not obliged to pay for delayed N.B. Power rate increase it helped cause
Province not obliged to pay for delayed N.B. Power rate increase it helped cause
Public intervener says financial consequences fall on the utility, unless the province agrees to help
More than $75 million in fees, taxes and other charges collected annually from N.B. Power by the New Brunswick government could be adjusted to compensate the utility for a delay in this year's rate increase, if it occurs, but the province's public intervener says that is a solution only the government itself can decide on.
"In terms of a break from the government, that has to come from the government," said Alain Chiasson in an interview this week.
New Brunswick imposes a number of levies on N.B. Power annually including, in this coming year, utility taxes of $25 million, right-of-way taxes of $1 million and, in conjunction with local governments, municipal and provincial property taxes of $24 million.
In addition, the province charges an annual fee for guaranteeing N.B. Power's debt that is equal to $1 for every $154 the utility owes. With N.B. Power's debt now above $5.3 billion, that is an annual charge of $35 million. Interest costs on the debt are a separate expense for the utility.
The province also requires N.B. Power to pay for mandated government policies, such as subsidizing rates for pulp and paper mills at a cost of $12.6 million.
The sum of those charges provides significant financial room for the province to help the utility deal with $32.6 million in costs it is worried about facing, after it submitted this year's rate increase request to the New Brunswick Energy and Utilities Board 72 days late.
N.B.
Power has had to pay New Brunswick more than $570 million in fees over
the last 20 years to guarantee debt it took on for projects like the
refurbishment of the Point Lepreau nuclear generating station. The fee
is 30 per cent higher than Quebec charges its utility. (Shane Fowler/CBC)
Chiasson said the provincial government played a central role in why the rate filing was late but nothing obliges it pay for that if N.B. Power is penalized financially.
"That's a decision that the government will have to make — how much money they pull out of the utility and how much of a break they want to give them on property taxes, or any other taxes N.B. Power pays right now," said Chiasson.
N.B. Power has applied for a 9.25 per cent rate increase that it says it needs to begin on April 1 to meet long range financial targets set for it by the province.
However, the rate increase request, which was due on Oct. 4, wasn't submitted until Dec. 15 because of last minute changes the province made to those targets.
That has delayed a full rate hearing by the New Brunswick Energy and Utilities Board until mid-May
To deal with that, the utility has applied for a special interim rate increase to take effect on April 1.
N.B. Power argues it can rebate any excess money it collects from customers if the rate increase is eventually found to be too high.
Otherwise it says it will lose up to $32.6 million in critical new revenues if higher rates are delayed until July 1. It believes that is a likely date after a May hearing is concluded and a decision by the EUB is rendered sometime in June.
Irving
Oil's crude-oil tank farm at Mispec Point, known as Canaport, has been
exempt from paying provincial property taxes for 43 years. Several New
Brunswick industrial properties deemed important to economic development
enjoy similar tax treatment. (Mike Heenan/CBC)
"Such a delay in implementation of rates will have a deleterious impact on NB Power," utility lawyer John Furey wrote in a motion applying for the special April 1 increase.
Chiasson is opposing an interim increase.He notified the EUB in writing last week that he will argue N.B. Power and the New Brunswick government are jointly responsible for the rate application being submitted 72 days late and the consequences of that belong to them.
"The delay in filing the [general rate application] was self inflicted," Chiasson wrote in his response to the N.B. Power application.
"The public intervener requests that the Applicant's motion be denied on the grounds the interim order is not in the public interest."
However, Chiasson said there is nothing preventing the province from taking financial responsibility for what happened, rather than utility, if that's something it decides to do.
The New Brunswick government already exempts many industrial properties from paying provincial property taxes, including petroleum infrastructure belonging to Irving Oil Ltd., railway tracks and right of ways owned by both J.D. Irving Ltd. and CN Rail and the entire LNG facility belonging to Repsol.
N.B.
Power lawyer John Furey at a 2022 Energy and Utilities Board hearing.
Furey has applied to the board for an interim rate increase of 9.25 per
cent to take effect on April 1. A full hearing cannot be held until May
because the utility was 72 days late making its application. (Graham Thompson/CBC)
Even the controversial Saint John metal shredding facility owned by American Iron and Metal Ltd. is exempt from provincial property taxes, a benefit the province could extend to N.B. Power facilities if it chooses.
Alternatively, N.B. Power's debt guarantee fee, which is set 30 per cent higher than a similar fee charged to Hydro Quebec by its provincial government, could be adjusted.
The provincial government has not said it would consider lowering amounts it charges N.B. Power to make up for a delayed rate increase but last week New Brunswick's Progressive Conservative Party said it supported a rate increase delay until July.
"Who would you rather see get the $32.6M? NB Power? Or NB Families?" the party posted on its social media platforms.
The EUB has scheduled a meeting for March 1 to hear arguments on whether or not to grant an interim increase for April.
ABOUT THE AUTHOR
"The basis for the requested variance of the filing date for this application was beyond the control of N.B. Power," wrote Furey in his current motion."
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
New Brunswick Power Corporation
APPLICATION FOR INTERIM RATES
NOTICE
New Brunswick Power Corporation has filed a Notice of Motion with the New Brunswick Energy and Utilities Board seeking an interim order as follows:
1. Approving the schedule of rates for the 2024/25 fiscal year as set out in Exhibit NBP 02.07 in Matter 552 which reflects differential rates and an average 9.25 per cent increase to all customer classes, effective from April 1, 2024 until further Order of the Board;
2. Directing NB Power to make billing adjustments for customers in the event that final rates approved by the Board are different than rates approved in the Interim Order, and further directing NB Power to keep appropriate records to permit such adjustments;
3. Directions respecting the hearing of this Motion; and
4. Such further Orders and Directions as the Board may deem appropriate.
NB Power’s Notice of Motion and the supporting affidavit may be viewed on the Board’s website at www.nbeub.ca under Matter No. 552.
As per Rule 4.3 of the Rules of Procedure, any party to this matter who wishes to respond to the Motion must file and serve on all other parties, a written response outlining the party’s position and the grounds for same along with a specific indication of any evidence upon which the party seeks to present or rely no later than Thursday, February 8th at 4:00 p.m. (Atlantic Time).
Parties who have filed a written response to the Motion are to file their written argument outlining their position in response to the Motion, including copies of any authorities upon which they intend to rely no later than Thursday, February 22nd at 4:00 p.m. (Atlantic Time).
The Board will hold an in-person hearing on the Motion for Interim Rates on Friday, March 1, 2024, beginning at 9:30 a.m. (Atlantic Time). The location will be confirmed by the Board shortly.
New Brunswick Energy and Utilities Board
P.O. Box 5001
Suite 1400, 15 Market Square
Saint John, NB E2L 4Y9
Telephone: (506) 658-2504
Toll Free 1-866-766-2782
Fax: (506) 643-7300
E-Mail: general@nbeub.
NB Power was delayed submitting. Not Higgs fault
David Amos
Reply to Les Cooper
If not Higgy then who?
nancy malachowski
There you have it. Higgs govt has chosen to squeeze NBers through NB Power to offset the loss of taxes from rich companies that were granted tax exemptions.
Don Corey
Reply to nancy malachowski
Interesting conspiracy theory that makes no sense, but liberals will like it.
Donald LeBlanc
Reply to Don Corey
The facts are the facts.
David Amos
Reply to Don Corey
It not a conspiracy theory
Don Corey
Reply to David Amos
Depends on what you're referring to.
David Amos
Reply to Don Corey
Higgs govt has chosen to squeeze NBers to offset the loss of taxes from rich companies that were granted tax exemptions.
Robert Losier
I thought the name is Energie N-B
Les Cooper
Reply to Robert Losier
Only for 1/3 of province
David Amos
Reply to Les Cooper
C'est Vrai
Robert Losier
I went bald. Was it Higgs or Irving responsible. I want to know. I wan to know now.
David Amos
Reply to Robert Losier
Methinks everybody knows why you went bald N'esy Pas?
Robert Losier
Liberals rebranding carbon tax rebate to ensure Canadians know where the money comes from.
I need a hint as to "know where the money comes from".
David Amos
Reply to Robert Losier
Ask Higgy
Sad state of affairs we have here in New Brunswick
Don Corey
Reply to Raymond Leger
You've worn that one out. Any chance of something a bit more original?
Samual Johnston
Reply to Raymond Leger
Where in the world is it ‘not sad’. Just wondering. We all seem to be having the same issues.
Donald LeBlanc
Reply to Don Corey
The facts are the facts.
Don Corey
Reply to Donald LeBlanc.
It'll take time, but things will start to look up in Canada soon after the Trudeau government gets turfed in the next election.
Donald LeBlanc.
Reply to Don Corey
He was speaking of the sad state of affairs in NB. Along your thinking, as soon as Higgs is gone, things should start to look up.
Graham McCormack
Reply to Don Corey
First, the federal government had nothing to do with NB Power's rate increase and fees they need to pay to the provincial government.
Second, who is going to replace Trudeau that will actually do something for the people?
Don Corey
Reply to Graham McCormack
NB Power rate increases will take place regardless of the NB party in power. Poitras has written another story about nothing.
As to Trudeau, you must be kidding.
Don Corey
Reply to Donald LeBlanc
The sad state of affairs, in case you haven't been paying attention, is Canada-wide. There's no guessing on who will soon be turfed and then things will look up.
David Amos
Reply to Graham McCormack
Who oversaw the refurbishing of Point LePreau? .
My mom was a delegate for the conservatives way back when and I can remember going to Freddy for a convention once and meeting Hatfield. The conservatives of today are no where near the same idology as in those years.
Games People Play
by Joe South
[Verse 1]
Woah, the games people play now
Every night and every day now
Never meanin' what they say now
Never sayin' what they mean
[Verse 2]
While they wile away the hours
In their ivory towers
'Til they're covered up with flowers
In the back of a black limousine
Woah
Hatfield said of his bachelor lifestyle, "the nuclear family—one wife, two kids and one dog—looks nice on Christmas cards, but they pay an awful price"
You picked a fine time to leave me Margret
Lalond in charge of some department and Chretien out in da Left Field
Three spoiled children ...
And Dad's Dad's chain of gas stations "sold" to Petro Canada
So the provincial government is bleeding NB Power dry and then blaming the utility for it's financial woes. Meanwhile big industry is being subsidized at the expense of both NB Power and the ratepayers.
Lou Bell
Reply to Michael Collins
Nope , Higgs has tried to work with NB Power in paying off the debt , and the Greens and Liberals have balked at any increases . The left won't even admit it even though we all know it's true .
Graham McCormack
Reply to Michael Collins
Excellent synopsis!
Rosco holt
Reply to Lou Bell
Tried? Where. He substantial increased subs to mills to compete against BC. The right always projects their failure and takes credit for the success of others.
Robert Losier
Reply to Lou Bell
Who is your "we" this time?
Don Corey
Reply to Michael Collins
Why is it that the Gallant government did nothing about the power subsidies to industry in the province?
Why is it that we hear nothing from Susan Holt on what she'll do about the subsidies, or more importantly, how she'll deal with NB Power on their huge debt?
And how exactly is the current government "bleeding NB Power dry"?
NB Power has been an albatross to NB for longer than most of us care to remember, and that albatross just continues to get heavier.
Why do you think the Graham government tried to sell off NB Power 15 years ago? Too bad it didn't work out, because it would have been the best move of any Liberal government in decades.
Don Corey
Reply to Rosco holt
The power subsidies to NB pulp and paper mills were to allow them to better compete with Quebec mills that were benefitting from much lower rates. They have nothing to do with BC.
David Amos
Reply to Don Corey
"Why do you think the Graham government tried to sell off NB Power 15 years ago? Too bad it didn't work out, because it would have been the best move of any Liberal government in decades."
I wholeheartedly agree
Keith McLellan
The NB provincial government under Blaine Higgs is bound and determined to bankrupt NB taxpayers, and now NB Power as well. The election can't come soon enough!
Lou Bell
Reply to Keith McLellan
Hilarious ! Higgs just paid 2 billion dollars on NB debt . Where'd you get that idea from ? You'd better look at your Liberals . It just came to light in the past week another Liberal program has run 10's of billions over budget . Really , we can't vote them out fast enough , they're gonna bankrupt our Country !
Don Corey
Reply to Lou Bell
True.
Don Corey
Reply to Keith McLellan
It's nothing less than ludicrous to state that this government will bankrupt NB'ers. We were certainly well along that road under the free spending and mismanagement of the Gallant government.
As to the NB Power debt, it's been a huge problem long before Higgs became premier.
David Amos
Reply to Don Corey
True but that does not justify Higgy's actions
Dan Lee
subsidies and no property taxes.... are we crazy ...........to billionaires..........
G. Timothy Walton
Reply to Dan Lee
Yes, we are crazy. We should emulate Québec's example and vote for new political parties when the old ones become overconfident.
Graham McCormack.
Reply to G. Timothy Walton
Which new parties would those be?
MR Cain
Reply to Graham McCormack.
Cardy has started up a new one. Canada Future Party
I say go with the old and bring in Gerald Bourque of KISS.
Graham McCormack
Reply to MR Cain
Cardy is not a provincial party.
KISS certainly seemed to attract the people with the skill sets needed to run a province. Just like the People's Alliance and the NDP.
G. Timothy Walton
Reply to Graham McCormack.
Check their elections articles on Wikipedia.
Graham McCormack
Reply to G. Timothy Walton
Whose elections articles?
MR Cain
Reply to Graham McCormack
No, Cardy is not a party.
KISS always talked about common sense before the Federal Conservatives.
David Amos
Reply to Graham McCormack
Why don't you put your name on a ballot?
The mess with NBPower will continue until they complete their agenda.
Privatize everything, so our politicians have no responsibility/ accountability. When an issue arises they'll just says go and see company X that administers it and company X's answer go see government. Like we've seen with Ambulances and Medavie.
Automatic reply: RE Matter 552 - NB Power 2024-2025 Its obvious Holland's minions in NB Power are pulling a fast one within the EUB before Higgy has a writ dopped an Mikey is out a job
John Furey<JohnFurey@fureylegal.com> | Thu, Feb 15, 2024 at 4:31 PM |
| To: David Amos <david.raymond.amos333@gmail.com> | |
I am away from my office until Tuesday, February 20, 2024, and have limited access to email. If your matter requires immediate attention, please contact me directly at 506-444-1328. | |
David Amos<david.raymond.amos333@gmail.com> | Thu, Feb 15, 2024 at 4:30 PM |
| To: "blaine.higgs" <blaine.higgs@gnb.ca>, "Holland, Mike (LEG)" <mike.holland@gnb.ca>, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>, keith.chiasson@gnb.ca, jacques.j.leblanc@gnb.ca, jean-claude.d'amours@gnb.ca, robert.mckee@gnb.ca, robert.gauvin@gnb.ca, Mark.Blakely@rcmp-grc.gc.ca, "martin.gaudet" <martin.gaudet@fredericton.ca>, premier <premier@gnb.ca>, dominic.cardy@gnb.ca, "Arseneau, Kevin (LEG)" <kevin.a.arseneau@gnb.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>, "John.Williamson" <John.Williamson@parl.gc.ca>, "rob.moore" <rob.moore@parl.gc.ca>, "Bill.Oliver" <Bill.Oliver@gnb.ca>, "Trevor.Holder" <Trevor.Holder@gnb.ca>, "jeff.carr" <jeff.carr@gnb.ca>, "Daniel.J.Allain" <Daniel.J.Allain@gnb.ca>, Dorothy.Shephard@gnb.ca, "andrea.anderson-mason" <andrea.anderson-mason@gnb.ca>, susan.holt@gnb.ca, LTgov@gnb.ca, "bruce.fitch" <bruce.fitch@gnb.ca>, "Benoit.Bourque" <Benoit.Bourque@gnb.ca>, "Rene.Legacy" <Rene.Legacy@gnb.ca>, "guy.arseneault" <guy.arseneault@gnb.ca>, "chuck.chiasson" <chuck.chiasson@gnb.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>, rrichard <rrichard@nb.aibn.com> | |
| Cc: "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, david@ibew37.com, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, mike.legere@adityabirla.com, Ron.marcolin@cme-mec.ca, executivedirector@forestnb.com, "Brandy.Gellner@libertyutilities.com" <Brandy.Gellner@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>, pmckay@nbpower.com, lgordon@nbpower.com, kevgibson@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>, "Hoyt, Len" <len.hoyt@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>, ryan.mitchell@sjenergy.com, pzarnett@bdrenergy.com, "rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com>, hwafaei@stikeman.com, "gzacher@stikeman.com" <gzacher@stikeman.com>, hanrahan.dion@jdirving.com, "alain.chiasson2@gnb.ca" <alain.chiasson2@gnb.ca>, randy@sjhdc.ca, dustin@emrydia.com, rdk@indecon.com, shelley@nbcpd.org | |
MOTION FOR INTERIM RATE RELIEF WRITTEN ARGUMENT OF NEW BRUNSWICK POWER CORPORATION 57. Finally, as noted by the Board in its Oral Decision of October 30, 2023, the Public Intervener raised no concerns with NB Power’s request to vary the filing date of the Application. If the Public Intervener wished to allege that the delay in filing was “self inflicted” by NB Power, it was incumbent on the Public Intervener to raise the issue at that time. The Response of the Public Intervener – Deleterious Impact 58. The Response of the Public Intervener also suggests that NB Power has not demonstrated that it will suffer deleterious impact arising from the delay in implementation of rates. The Public Intervener relies on the opinion of Mr. Madsen, as set out in his affidavit dated February 7, 2024. 59. Mr. Madsen’s description of the “form and function” of the variance accounts (at para. 10) is somewhat confusing. He states that the variance accounts operate as an “offset” to any difference between actual and forecast monthly values in “revenues” for the in-province energy supply cost, as well as the in-province and out-of- province electricity revenue and margins from sales of energy, capacity and renewable energy credits. 60. In substance, Mr. Madsen suggests that, based on his interpretation of the variance accounts, the net impacts associated with the delay in implementation of rates will be largely recoverable through either the Electricity Sales and Margin Variance Account or the Energy Supply Cost Variance Account. 61. NB Power submits that Mr. Madsen’s conclusion fails to consider the manner in which the Board will approve the monthly forecasts on which the relevant variances are calculated. Despite having correctly identified that forecast values in the calculation of the relevant variances are those values reflected in the revenue requirements approved by the Board, Mr. Madsen fails to consider how those values will be determined by the Board through the hearing process, and whether and how they will differ from actual values 62. A simple hypothetical example, in which no interim rate order is granted, will demonstrate that there will be no variance between actual and forecast revenues associated solely with the rate increase approved by the Board. 63. The hypothetical example assumes that the Board renders a decision (whether partial or final) in late June, in which NB Power is directed to make certain non-material adjustments to its revenue requirements and file a Proof of Revenue, and resulting rates are implemented on July 1, 2024. Assuming no interim rate order, the actual revenues of NB Power for the months of April to June will not include any revenue associated with the proposed (or approved) rate increase. An estimate of that foregone revenue is identified in Exhibit “B” to the Affidavit of Darren Murphy dated January 29, 2024, in the row entitled “Total Revenue Impact”. 64. The existence of a variance related to these revenues is thus determined by whether the Board approves a monthly revenue forecast which includes the revenues associated with the rate increase (for the three-month period), or approves a monthly forecast which excludes them. If the monthly revenue forecast approved by the Board includes revenues associated with the rate increase for the three-month period, NB Power agrees that the actual revenues would be less than the forecast revenues, which would result in that negative margin variance being included in the Electricity Sales and Margin Variance Account. 65. However, NB Power submits that it would be unreasonable for the Board to approve a monthly forecast for the months of April through June which includes revenues associated with the approved rate increase, in circumstances in which the Board is already aware that those revenues will not be collected. NB Power submits that such an approach would materially overstate the forecast revenue for the three-month period, in a deliberate fashion. This approach would also be contrary to the Board’s stated intention that forecasts should be as accurate as possible for the purpose of minimizing the balances in the variance accounts. (See Board Decision dated June 7, 2023, Matter 541, paras. 47-53). 66. Accordingly, as the revenues (for the three-month period) associated with either the proposed rate increase, or the rate increase ultimately approved by the Board, will not be included in either the actual or the forecast values, no variance will exist with respect to them, and thus those revenues will not be included in the variance accounts. 67. Finally, NB Power submits that the same logic applies to the LIREPP Purchases adjustment shown in Exhibit “B” to the Affidavit of Darren Murphy dated January 29, 2024. IV. RELIEF REQUESTED 68. Accordingly, NB Power requests that the Board approve an Interim Order: a. Approving the schedule of rates for the 2024/25 fiscal year as set out in Exhibit NBP 02.07, which reflects differential rates and an average 9.25 per cent increase to all customer classes, effective from April 1, 2024 until further Order of the Board; b. Directing NB Power to make billing adjustments for customers in the event that final rates approved by the Board are different than rates approved in the Interim Order, and further directing NB Power to keep appropriate records to permit such adjustments; and c.Following the Board’s determination of the issue of granting an interim rateOrder, an Order approving a monthly revenue forecast consistent with theBoard’s determination, until further order of the Board. Respectfully submitted this 14th day of February, 2024 _____________________ John G. Furey Counsel for the Applicant John G. Furey Professional Corporation 265 Berkley Drive New Maryland, NB E3C 1B9 Telephone: (506) 444-1328 Email: JohnFurey@fureylegal.com On 2/8/24, David Amos <david.raymond.amos333@gmail. | |
Automatic reply: RE Matter 552 - NB Power 2024-2025 Its obvious Holland's minions in NB Power are pulling a fast one within the EUB before Higgy has a writ dopped an Mikey is out a job
Mitton, Megan (LEG)<Megan.Mitton@gnb.ca> | Thu, Feb 8, 2024 at 11:43 AM |
| To: David Amos <david.raymond.amos333@gmail.com> | |
Thank
you, your email has been received by the
office of MLA Megan Mitton. For urgent matters, please call the
Constituency office at: (506) 378-1565 or the Fredericton office: (506)
457-6842. - - - Merci, votre courriel a été reçu par le bureau de la députée Megan Mitton. Pour les affaires urgentes, veuillez appeler le bureau de circonscription au : (506) 378-1565 ou le bureau de Fredericton : (506) 457-6842. Pour les demandes des médias, veuillez composer le 506-429-2285.
Megan Mitton
(elle / she, her) Députée / MLA Memramcook-Tantramar Responsable en matière de la santé, le logement, le changement climatique, et les droits humains. Advocate and Critic on files including Health, Housing, Climate Change, and Human Rights. Le Nouveau-Brunswick est situé sur les territoires traditionnels, non cédés des Mi’kmaq, Wolastoqiyik & Peskotomuhkati. / New Brunswick is situated on the unceded traditional territories of the Mi’kmaq, Wolastoqiyik & Peskotomuhkati. | |
Moore, Rob - M.P.<Rob.Moore@parl.gc.ca> | Thu, Feb 8, 2024 at 11:45 AM |
| To: David Amos <david.raymond.amos333@gmail.com> | |
*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 | |
David Amos<david.raymond.amos333@gmail.com> | Thu, Feb 8, 2024 at 11:43 AM |
| To: "blaine.higgs" <blaine.higgs@gnb.ca>, "Holland, Mike (LEG)" <mike.holland@gnb.ca>, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>, keith.chiasson@gnb.ca, jacques.j.leblanc@gnb.ca, jean-claude.d'amours@gnb.ca, robert.mckee@gnb.ca, robert.gauvin@gnb.ca, Mark.Blakely@rcmp-grc.gc.ca, "martin.gaudet" <martin.gaudet@fredericton.ca>, premier <premier@gnb.ca>, dominic.cardy@gnb.ca, "Arseneau, Kevin (LEG)" <kevin.a.arseneau@gnb.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>, "John.Williamson" <John.Williamson@parl.gc.ca>, "rob.moore" <rob.moore@parl.gc.ca>, "Bill.Oliver" <Bill.Oliver@gnb.ca>, "Trevor.Holder" <Trevor.Holder@gnb.ca>, "jeff.carr" <jeff.carr@gnb.ca>, "Daniel.J.Allain" <Daniel.J.Allain@gnb.ca>, Dorothy.Shephard@gnb.ca, "andrea.anderson-mason" <andrea.anderson-mason@gnb.ca>, susan.holt@gnb.ca, LTgov@gnb.ca, "bruce.fitch" <bruce.fitch@gnb.ca>, "Benoit.Bourque" <Benoit.Bourque@gnb.ca>, "Rene.Legacy" <Rene.Legacy@gnb.ca>, "guy.arseneault" <guy.arseneault@gnb.ca>, "chuck.chiasson" <chuck.chiasson@gnb.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>, rrichard <rrichard@nb.aibn.com> | |
| Cc: "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>, "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, david@ibew37.com, "david.sollows@gnb.ca" <david.sollows@gnb.ca>, mike.legere@adityabirla.com, Ron.marcolin@cme-mec.ca, executivedirector@forestnb.com, "Brandy.Gellner@libertyutilities.com" <Brandy.Gellner@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>, pmckay@nbpower.com, lgordon@nbpower.com, kevgibson@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>, "Hoyt, Len" <len.hoyt@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>, ryan.mitchell@sjenergy.com, pzarnett@bdrenergy.com, "rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com>, hwafaei@stikeman.com, "gzacher@stikeman.com" <gzacher@stikeman.com>, hanrahan.dion@jdirving.com, "alain.chiasson2@gnb.ca" <alain.chiasson2@gnb.ca>, randy@sjhdc.ca, dustin@emrydia.com, rdk@indecon.com, shelley@nbcpd.org | |
APPLICATION FOR INTERIM RATES
NOTICE
New Brunswick Power Corporation has filed a Notice of Motion with the New Brunswick Energy and Utilities Board seeking an interim order as follows:
1. Approving the schedule of rates for the 2024/25 fiscal year as set out in Exhibit NBP 02.07 in Matter 552 which reflects differential rates and an average 9.25 per cent increase to all customer classes, effective from April 1, 2024 until further Order of the Board;
2. Directing NB Power to make billing adjustments for customers in the event that final rates approved by the Board are different than rates approved in the Interim Order, and further directing NB Power to keep appropriate records to permit such adjustments;
3. Directions respecting the hearing of this Motion; and
4. Such further Orders and Directions as the Board may deem appropriate.
NB Power’s Notice of Motion and the supporting affidavit may be viewed on the Board’s website at www.nbeub.ca under Matter No. 552.
As per Rule 4.3 of the Rules of Procedure, any party to this matter who wishes to respond to the Motion must file and serve on all other parties, a written response outlining the party’s position and the grounds for same along with a specific indication of any evidence upon which the party seeks to present or rely no later than Thursday, February 8th at 4:00 p.m. (Atlantic Time).
Parties who have filed a written response to the Motion are to file their written argument outlining their position in response to the Motion, including copies of any authorities upon which they intend to rely no later than Thursday, February 22nd at 4:00 p.m. (Atlantic Time).
The Board will hold an in-person hearing on the Motion for Interim Rates on Friday, March 1, 2024, beginning at 9:30 a.m. (Atlantic Time). The location will be confirmed by the Board shortly.
New Brunswick Energy and Utilities Board
P.O. Box 5001
Suite 1400, 15 Market Square
Saint John, NB E2L 4Y9
Telephone: (506) 658-2504
Toll Free 1-866-766-2782
Fax: (506) 643-7300
E-Mail: general@nbeub.
From: David Amos <david.raymond.amos333@gmail.
Date: Tue, 31 Oct 2023 13:41:38 -0300
Subject: Fwd: Zoom videoconference Matter 552 - NB Power 2024-2025
This is what I was talking about before you shut me down
To: "blaine.higgs" <blaine.higgs@gnb.ca>, "Holland, Mike (LEG)"
<mike.holland@gnb.ca>, "Mitton, Megan (LEG)" <megan.mitton@gnb.ca>,
"David.Coon" <David.Coon@gnb.ca>, keith.chiasson@gnb.ca,
jacques.j.leblanc@gnb.ca, jean-claude.d'amours@gnb.ca,
robert.mckee@gnb.ca, robert.gauvin@gnb.ca,
Mark.Blakely@rcmp-grc.gc.ca, "martin.gaudet"
<martin.gaudet@fredericton.ca>
dominic.cardy@gnb.ca, "Arseneau, Kevin (LEG)"
<kevin.a.arseneau@gnb.ca>, "Ross.Wetmore" <Ross.Wetmore@gnb.ca>,
"John.Williamson" <John.Williamson@parl.gc.ca>, "rob.moore"
<rob.moore@parl.gc.ca>, "Bill.Oliver" <Bill.Oliver@gnb.ca>,
"Trevor.Holder" <Trevor.Holder@gnb.ca>, "jeff.carr"
<jeff.carr@gnb.ca>, "Daniel.J.Allain" <Daniel.J.Allain@gnb.ca>,
Dorothy.Shephard@gnb.ca, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>
"bruce.fitch" <bruce.fitch@gnb.ca>, "Benoit.Bourque"
<Benoit.Bourque@gnb.ca>, "Rene.Legacy" <Rene.Legacy@gnb.ca>,
"guy.arseneault" <guy.arseneault@gnb.ca>, "chuck.chiasson"
<chuck.chiasson@gnb.ca>
Cc: motomaniac333 <motomaniac333@gmail.com>, "Robert. Jones"
<Robert.Jones@cbc.ca>
NEW BRUNSWICK ENERGY and UTILITIES BOARD
COMMISSION DE L’ENERGIE ET DES SERVICES PUBLICS N.-B.
Matter 552
IN THE MATTER OF a stay of the Board's Decision of July 16, 2019, in
accordance with sections 32 and 41 of the Energy and Utilities Board
Act, SNB 2006, c.E-9.18 ("Matter 552")
AND IN THE MATTER OF the New Brunswick Power Corporation ("NB Power")
General Rate Application Under Subsection 103(1) of the Electricity
Act, SNB 2013 c.7
Held via Zoom, on October 30, 2023.
Henneberry Reporting Service
NEW BRUNSWICK ENERGY and UTILITIES BOARD
COMMISSION DE L’ENERGIE ET DES SERVICES PUBLICS N.-B.
Matter 552
IN THE MATTER OF a stay of the Board's Decision of July 16, 2019, in
accordance with sections 32 and 41 of the Energy and Utilities Board
Act, SNB 2006, c.E-9.18 ("Matter 552")
AND IN THE MATTER OF the New Brunswick Power Corporation ("NB Power")
General Rate Application Under Subsection 103(1) of the Electricity
Act, SNB 2013 c.7
Held via Zoom, on October 30, 2023.
Members of the Board:
Ms. Stephanie Wilson – Vice-Chairperson
Mr. Christopher Stewart – Presiding Member
Ms. Heather Black - Member
Counsel to Board Staff - Ms. Abigail Herrington
..............................
MR. STEWART: It looks like we have everybody joining us now. So
good morning, this is the hearing of an application by NB Power to
vary certain standing directions contained in the Board’s decisions in
Matter 430 and 4’ -– excuse me, 541 relating to the deadline for NB
Power to file a general rate application and the use of and filing of
certain PROMOD forecasts as part of that application.
My name is Christopher Stewart. I am joined this morning by
Vice-Chair Stephanie Wilson and Member Heather Black.
So I guess we will start with appearances for NB Power?
MR. FUREY: Good morning, Mr. Chair, John Furey for New Brunswick
Power Corporation.
MR. STEWART: Good morning, Mr. Furey. And based on the faces that
I see before me, for J.D. Irving, Limited?
MR. ZACHER: Good morning, Mr. Chair. Glenn Zacher appearing on
behalf of J.D. Irving, Limited.
MR. STEWART: Good morning, Mr. Zacher. And for Utilities Municipal?
MR. BURGOYNE: Good morning, everyone. Ryan Burgoyne, appearing on
behalf of the Utilities Municipal.
MR. STEWART: Good morning, Mr. Burgoyne. And the Public Intervener?
MR. CHIASSON: Good morning, Mr. Chair. Alain Chiasson for the
Public Intervener.
MR. STEWART: Good morning. And finally, the New Brunswick Energy &
Utilities Board?
MS. HERRINGTON: Good morning, Mr. Chair. Abigail Herrington.
MR. STEWART: Good morning, Ms. Herrington. Counsel, just before we
start, just a bit of sort of housekeeping. I just wanted to mention
sort of to counsel for the record that the Board has styled the
pending rate application as Matter 52’ –- or 552, excuse me, and in
theory, we are also –- we are sort of viewing these as sort of like
preliminary motions are part of that matter. So, Mr. Furey, if and
when the application is filed, you can –- you can proceed under this
particular matter number, as can all of the rest of the parties.
I guess the first order of business, Mr. Furey, we have received the
affidavit that you filed from Darren Murphy, sworn Octobe 25, 2023 and
I presume you would like that admitted in to evidence and marked as an
exhibit?
MR. FUREY: Yes. Thank you, Mr. Chair.
MR. STEWART: And I am just going to poll counsel to see if there is
any objection to that. Mr. Zacher, do you have any objection to the
Board receiving Mr. Murphy’s affidavit?
MR. ZACHER: No, no objection.
MR. STEWART: Mr. Burgoyne?
MR. BURGOYNE: No objection.
MR. STEWART: Mr. Chiasson?
MR. CHIASSON: No objection, Mr. Chair.
MR. STEWART: And Ms. Herrington?
MS. HERRINGTON: No objection, Mr. Chair.
MR. STEWART: All right. So with that, the affidavit of Darren
Murphy complete with the attached exhibits will be admitted into
evidence and marked as exhibit NB Power 1.01 in this matter.***
MR. FUREY: Thank you, Mr. Chair.
MR. STEWART: You are welcome, Mr. Furey. So, counsel, I think how
we will do this today -- and if anyone has any objection, by all means
please do -- is we will hear submissions from the parties on NB
Power’s motion, frankly, akin to how we would in a more fulsome
hearing. We will hear from the applicant first, and then we will --
to the extent that other counsel have submissions they wish to make,
we will do that and then we will reverse the order for counsel to give
you an opportunity solely to make any sort of rebuttal comments on
anything that has been raised specifically by counsel who spoke after
you.
So with that, Mr. Furey, are you ready to proceed with your submissions?
MR. FUREY: Yes, I am, Mr. Chair.
MR. STEWART: All right. So please do.
MR. FUREY: Thank you, Mr. Chair. So no surprise to the Board that
there are three requests in the application. The principal request is
that the Board vary its decision in Matter 430 and extend the time -–
MR. STEWART: Excuse me, Mr. -– excuse me, Mr. Furey, I am sorry to
interrupt you, but -- and we can hear you okay, but there is a bit of
an echo there. I don’t know if somebody has --
MR. FUREY: I am getting it too.
MR. STEWART: Yeah. There, it just seemed to have gone away.
MR. FUREY: Has it gone away?
MR. STEWART: It has gone away now.
MR. FUREY: Okay. There. Okay.
MR. STEWART: Perfect. Please proceed.
MR. FUREY: Thank you for pointing it out. It was very distracting to
me as well.
MR. STEWART: It was. Thank you.
MR. FUREY: So the principal request is that thew Board vary its
decision in Matter 430 by extending the time for filing this general
rate application to December 15th of 2023.
The two related requests are if that request is granted, that the
Board grant additional relief by one, permitting NB Power to base that
filing on the more up to date Q2 PROMOD forecast rather than the Q1
PROMOD forecast that was directed by the Board to be utilized in its
decision in Matter 541 and in particular in paragraph 57.
And further, again, dependent on the initial -– or relief on the
initial request that the Board permit the filing of the Q3 PROMOD
forecast that the decision in Matter 541 contemplates as being on
January 21st, that that filing take place instead on February 29th of
2024.
The framework within which the Board considers requests of this nature
for variances of previous Board orders, and in particular where we are
talking about extension of time, the framework is relatively clear.
Section 43 of the Energy and Utilities Board Act, while it has been
updated in 2023, it now reads, the Board may reconsider any order made
by it and review, rescind or vary the order if it considers it
advisable to do so.
I don’t think that represents a substantive change from the way it
read previously. It simply -- it used to say the Board may review,
rescind or vary any order previously made by it. So there is some
different wording, but I don’t think substantively the test has
changed.
Rule 8.1.1 of the Board’s Rules of Procedure sets out the grounds or
the basis upon which an applicant is required to make an application
of this nature, and NB Power is relying on subparagraph (b)(2) with
respect to changed circumstances or new facts that have arisen since
the previous decisions were made. And I will get into that in a
little more detail.
And Rule 1.2.5 of the Board’s Rules of Procedure allows the Board to
abridge or extend any time previously set by it.
Just a little bit of history in terms of what has transpired. As the
Board is aware, on September 27th, New Brunswick Power received a
directive from executive council under section 69 of the Electricity
Act. There are two parts to the directive. The first part extends
the equity target date or the date by which NB Power is directed to
make plans to achieve the 20 percent equity in its capital structure
from March 31st 2027 to March 31st 2029.
And secondly, NB Power is directed to include in its budget capital
expenditures and rate forecasts to include that directive in those
plans and documents for the three fiscal years commending with the
24/25 fiscal year.
The directive was provided to the Board virtually immediately the
next day on September 28th and the Board issued an order on September
29th granting an extension to October 31st but requiring this
application if NB Power was unable to file its general rate
application by that date. And I would point out that as directed, the
application was served on the Public Intervener and all parties to
Matter 541.
The -- NB Power’s submissions this morning really revolve around two
assertions. One, the directive in our submission is clearly a new
fact and a change in circumstance that justifies a variance of the
Board’s order. The –- the way that rates are set by the Board in the
Province of New Brunswick contemplates a multi-year view, the
three-year-plan is mandated by the Act and an extension of the equity
target date by two years is a relevant factor that changes the nature
of the application.
And secondly, NB Power’s response to the directive and its request
to extend time are reasonable.
And I am going to go to Mr. Murphy’s affidavit. I am not going to –-
the Board has –- interveners have had an opportunity to see it. I am
not going to spend a lot of time on it, but I would submit that Mr.
Murphy’s affidavit demonstrates three things. One, it demonstrates
that NB Power acted immediately upon receiving the directive. It was
provided to the Board the next day. NB Power’s own Board held a
meeting the same day that it received the directive and Mr. Murphy was
able to provide direction to what is referred to in his affidavit as
the subgroup, part of the working group with respect to the
preparation of the general rate application, on September 27th, the
day that the directive was received.
The second thing that the affidavit demonstrates is that the work
required as a result of the directive is significant. And I will go
to Mr. Murphy’s affidavit at paragraph 14 that appears on page 5 of
the PDF. And this is where Mr. Murphy says this is the –- this is the
focus of the work at the current time, and there is five items. The
first is the development of a proposed revenue requirement. Should I
wait, Mr. Chair? Would the clerk be able to bring that up?
ETC ETC ETC
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Mon, 30 Oct 2023 10:32:54 -0300
Subject: Re: Zoom videoconference Matter 552 - NB Power 2024-2025
General Rate Application - Application for Variance
To: Melissa Curran <Melissa.Curran@nbeub.ca>
Cc: NBP Regulatory <NBPRegulatory@nbpower.com>,
"louis-philippe.gauthier@cfib.
"frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>,
"david.sollows@gnb.ca" <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>, "alain.chiasson2@gnb.ca"
<alain.chiasson2@gnb.ca>
Why was I not permitted to speak?
On 10/26/23, Melissa Curran <Melissa.Curran@nbeub.ca> wrote:
> 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/j/
>
> Meeting ID: 865 2683 2735
> Passcode: 765150
>
>
> 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/j/
>
> ID réunion : 865 2683 2735
> Mot de passe : 765150
>
>
>
> 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
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> Avis de confidentialité
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>
>
> From: NBP Regulatory <NBPRegulatory@nbpower.com>
> Sent: Wednesday, October 25, 2023 4:02 PM
> To: louis-philippe.gauthier@cfib.
> David.Raymond.Amos333@gmail.
> <daly@nbnet.nb.ca>; hanrahan.dion@jdirving.com;
> Brandy.Gellner@
> Gilles.volpe@libertyutilities.
> <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; 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.
> darcy.ouellette@
> paul.black@twinriverspaper.com
> jeff.garrett@sjenergy.com; shelley.wood@sjenergy.com;
> dan.dionne@perth-andover.com; pierreroy@edmundston.ca;
> rburgoyne@coxandpalmer.com; gzacher@stikeman.com; alain.chiasson2@gnb.ca
> 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@01DA0803.
>
> Corporate Regulatory Affairs
>
> T: 506.458.4959
> C: 506.429.8556
> nbpower.com | energienb.com
>
>
>
>
>
>
>
>
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Page 18
VICE-CHAIRPERSON: That is all I had for questions. Thank you.
MR. STEWART: Ms. Black, do you have any questions for any of the counsel?
MS. BLACK: No questions. Thank you, Mr. Chair.
MR. STEWART: All right. Well, counsel, I don't have any particular
additional questions to make -- or to pose, excuse me. I thank
everyone for -- for coming this morning.
I think what the Board will do is we are going to take a brief
recess and then we will come back. Obviously, time is of the essence
with respect to this matter. So we are going to take a brief recess
and then we will come back and then we will make a determination as to
where we go from here with this hearing. So we will stand adjourned
for ten minutes.
MR. FUREY: Thank you, Mr. Chair.
(Short recess)
MR. STEWART: Counsel, before we begin, when I was taking
appearances earlier on my screen, I didn’t notice that Mr. Amos had
joined the hearing, you know, after that. I understand that Mr. Amos
has now indicated that he would like to make a submission on the
application. Certainly the Board is happy to hear whatever
submissions Mr. Amos would like to make.
So, Mr. Amos, as you there, can you hear me? I would say you seem
to be on mute, Mr. Amos. Mr. Amos, can you hear me now?
MR. AMOS: Can you hear me now?
MR. STEWART: I can hear you now, Mr. Amos. If you have some
submissions to make with respect to the application please do.
Sorry, Mr. Amos, if you are speaking we cannot hear you. So if
you have submissions to make please -- please make them now. Mr.
Amos, I am going to ask you one more time. I can see that you are
connected. I don’t -- it doesn’t look like you are mute. Certainly
we want to give you an opportunity to speak or address this matter
should you wish to do so, so if you can hear me and if you would like
to make a submission please do so.
All right. Well Mr. Amos -- I am not sure -- we did hear him
briefly. I am not sure what the issue is. So, counsel, what we have
determined is that we will adjourn until noon and then we will resume
at that time. If the Board is in a position to give a decision at
that time, we will do so. And perhaps we will give Mr. Amos one more
opportunity to -- to address the Board should he -- should he wish or
be able to do so at that time in case there is some sort of technical
glitch. And then if the Board is in a position to issue a decision,
we will do so. And if not, we will advise further at that time.
Anything further we need to do between now and noon, Mr. Furey?
MR. FUREY: Not from my perspective, Mr. Chair. Thank you.
MR. STEWART: All right. Ms. Herrington, is there anything else we
need to do until we adjourn till noon?
MS. HERRINGTON: Not that I can think of, Mr. Chair.
MR. STEWART: All right. Well thank you, everyone. So we will
stand adjourned till noon. I am advised by the clerk that the same
Zoom link should work. And so if you just hit click again and join
the meeting then we will resume at that time. All right. And with
that, we will stand adjourned. Thank you.
(Recess)
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Mon, 30 Oct 2023 10:55:58 -0300
Subject: Re: Zoom videoconference Matter 552 - NB Power 2024-2025 This
is what I was talking about before you shut me down
To: Melissa Curran <Melissa.Curran@nbeub.ca>, crystal.critch@gnb.ca
Cc: NBP Regulatory <NBPRegulatory@nbpower.com>,
"louis-philippe.gauthier@cfib.
"frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>,
"david.sollows@gnb.ca" <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>, "alain.chiasson2@gnb.ca"
<alain.chiasson2@gnb.ca>
---------- Original 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
>
>
On 10/30/23, David Amos <david.raymond.amos333@gmail.
> Why was I not permitted to speak?
>
> On 10/26/23, Melissa Curran <Melissa.Curran@nbeub.ca> wrote:
>> 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/j/
>>
>> Meeting ID: 865 2683 2735
>> Passcode: 765150
>>
>>
MR. STEWART: Good afternoon, everyone. I see some people are still
-- it looks like they are connecting so if you just bear with us for a
moment until they are connected. All right. I guess it is now good
afternoon, everyone. This is the continuation of the hearing of an
application by NB Power for certain variances to the Board’s
directives issued in Matters 430 and 541.
Mr. Amos, I see you are able to join us again this afternoon. Do you
wish to make any comments or submissions with respect to this
application? And if you do, please make them now.
MR. AMOS: Yes, can you hear me?
MR. STEWART: I can hear you, Mr. Amos.
MR. AMOS: Thanks for having me back in. What happened there? I
was talking and everything shut down. Did you hear anything that I
said the last time?
MR. STEWART: Not a word, unfortunately, no, we didn’t hear anything
you said. So please make whatever submissions you would like to make
now.
MR. AMOS: Yeah, I was in the middle of talking and everything went
away. So I sent you a couple of emails in the meantime, and then I
got notice that you were starting again at noon. So we are back.
What I said out of the gate is I understand the nature of the hearing
today because of the -– the executive orders recently, and I
understand NB Power needs extra time to make an application and I do
not disagree with that, okay.
What I have a problem with is in July, NB Power sent me notice
that they were taking your Board to court, are you aware of this?
MR. STEWART: Mr. Amos, we are not going to discuss those matters.
The only hearing -- the only thing that we are going to discuss in
this hearing this afternoon is the application --
MR. AMOS: Well how can you -- how can you have another rate hearing
-- how can you have another rate hearing when you are being sued about
the last one?
MR. STEWART: Mr. Amos, do you have any comments on the application
by NB Power in this Matter? I believe you have said that you --
MR. AMOS: Yes --
MR. STEWART: -- do not disagree with the request.
MR. AMOS: -- I think -- yes, I have a comment.
MR. STEWART: Please make your comment.
MR. AMOS: I think the matter in court should be resolved before you
go into another one.
MR. STEWART: Thank you, Mr. Amos. Do you have anything else you
would like to say with respect to the --
MR. AMOS: Would you like to meet me in federal court?
MR. STEWART: -- relief sought -- excuse me. Let me finish, Mr.
Amos. Do you have anything else to say --
MR. AMOS: NB Power is a Crown Corporation --
MR. STEWART: Mr. Amos, I am going to ask you --
MR. AMOS: -- would you like to meet me in federal court?
MR. STEWART: Mr. Amos, would you please let me -- please wait until
I finish speaking, and then you can say. Do you have anything else
you wish to comment on with respect to the relief or the application
that NB Power has brought before the Board today? Limit your comments
to that. Anything else you would like to say?
MR. AMOS: Or call Mr. Higgs. Have yourself a good day.
MR. STEWART: Thank you. All right. Mr. Furey, strictly speaking,
I am not sure what you -- but I would give you an opportunity such as
it is to respond, if you wish, to anything that Mr. Amos had to say in
his submissions?
MR. FUREY: I have no further submissions. Thank you, Mr. Chair.
Re: Matter 552 - NB Power 2024-2025 General Rate Application We just talked
David Amos<david.raymond.amos333@gmail.com> | Mon, Jan 29, 2024 at 3:58 PM |
| To: Shelley@nbcpd.org, Randy@sjhdc.ca | |
Enjoy https://davidraymondamos3. Friday 27 October 2023 N.B. Power says intervention by Higgs government blew up months of budgeting https://www.cbc.ca/news/ | |
David Amos<david.raymond.amos333@gmail.com> | Tue, Feb 6, 2024 at 9:47 AM |
| To: Shelley@nbcpd.org, Randy@sjhdc.ca | |
N.B. Power facing $32.6M revenue loss after September surprise by Higgs scrambled its budget
Late rate increase application caused by premier is threatening utility's bottom line
N.B. Power is appealing to the New Brunswick Energy and Utilities Board to save it from a "deleterious" financial loss caused by the Higgs government blowing up months of its corporate budgeting last fall.
The utility has applied for a 9.25 per cent rate increase that it says it needs to begin on April 1 but a hearing into the request isn't scheduled to even start until mid-May because the company was more than 10 weeks late in filing its request.
N.B. Power says that means a decision on new rates from the board, after it reviews evidence from a May hearing, will probably take until July 1. That, it claims, will cost the utility millions of dollars in lost revenue in April, May and June that it cannot afford to give up.
To remedy that, N.B. Power lawyer John Furey filed a motion with the utilities board last week asking for an "interim" rate increase on April 1, before a hearing is held into whether or not the increase is reasonable.
"Even in the most optimistic scenario in which the board is able to render a partial decision which enables the implementation of rates by July 1, 2024, N.B. Power will sustain a negative net impact of $32.636 million," Furey wrote in the motion.
N.B.
Power lawyer John Furey and utility president Lori Clark at an Energy
and Utilities Board hearing in 2020. Furey is asking the board to grant
an interim rate increase of 9.25 per cent on April 1 before a hearing
into the increase is held in May. (Roger Cosman/CBC)
He said missing out on higher rates for three months could wipe out any profit N.B. Power might earn in the coming year and will further deepen its already serious debt problems.
"The likelihood that N.B. Power's earnings would be so substantially reduced, or become negative, is a deleterious impact that justifies the implementation of interim rates," Furey wrote.
Last year N.B. Power was operating under a directive from the Energy and Utilities Board to file for new rates by Oct. 4 to allow for a February hearing into the request.
That was to give the board plenty of time to approve rates or reject and adjust them prior to the beginning of N.B. Power's fiscal year on April 1.
The utility had spent months developing plans and budgets to meet those deadlines.
It was a major undertaking because of N.B. Power's growing financial troubles, major upcoming capital projects and a directive from the Higgs government for it to lower its debt level by hundreds of millions of dollars from 94 per cent to 80 per cent of its total capital structure by March 31, 2027.
Plans
for a fall 2023 election in New Brunswick were so advanced organizers
for Premier Blaine Higgs booked a bus and outfitted it with PC branding,
a new campaign slogan and a giant photo of the premier. A large rate
increase announcement from N.B. Power was planned around the same time
but postponed after cabinet upended its budget. (Submitted by Charles Doucet)
However, on Sept. 25, nine days before N.B. Power's deadline to submit its rate request, Premier Blaine Higgs signed a surprise cabinet order extending its debt reduction target two years, to March 2029.
It significantly lowered the amount of money the utility would need for immediate debt reduction and upended months of budgeting which then had to be reconstructed.
Eventually N.B. Power filed its rate request 72 days late, on Dec. 15.
"The entire GRA [general rate application] filing package, which was largely complete as of September 27, 2023, when the directive was received, must be updated and/or revised to reflect that directive," N.B. Power's chief financial officer Darren Murphy said in an affidavit explaining the delay to the board.
Premier Blaine Higgs has acknowledged he was on the verge of calling a fall general election around the time N.B. Power was originally scheduled to apply for its rate increase .
Reducing N.B. Power's debt target just days before the filing deadline pushed the announcement of a large increase outside of a potential election window but the government has denied that was a consideration in the last minute change.
"Not politicking at all, not so," Mike Holland, minister of natural resources and energy development, said about the cabinet decision at the time.
"This has been a part of our daily work — not something that we dream up off the cuff."
Higgs eventually changed his mind about the election — despite his party preparing election materials for it, including the renting and outfitting of a campaign bus and Elections New Brunswick spending $1.7 million to prepare returning offices.
Costs to N.B. Power are much higher.
According to the utility it will lose $12.2 million in revenue in April, $10.8 million in May and $9.6 million in June if the original delay in its application pushes the approval of higher rates to July.
It argues granting a full 9.25 per cent increase on April 1 is not harmful because if a full hearing later determines a lower increase should be awarded, overpayments from customers in the early months can be calculated and returned through discounts on a future bill.
It may be a tough argument for the utility to win.
In 2016 the EUB rejected N.B. Power's application for an interim rate increase under similar circumstances. The utility had failed to apply for an increase until late December but requested it be granted on April 1 prior to a hearing.
The request was denied.
Christopher
Stewart was a lawyer for J.D. Irving Ltd. in 2016 when he argued
against N.B. Power receiving an interim rate increase from the utilities
board before a full hearing was held. He's now a board member and will
likely have to rule on a similar application this year. (Shane Fowler/CBC)
An additional problem for N.B. Power is that two of the lawyers who argued against awarding an interim increase in 2016, then Public Intervener Heather Black and J.D. Irving Ltd. lawyer Christopher Stewart, have since been appointed to the utilities board as members. Both will likely be involved in ruling on whether or not to grant an interim increase this year.
Stewart was especially skeptical back in 2016.
"What N.B. Power is asking this board to do in this particular application is to say, 'look, we didn't get our work done on time but we would like the result we had wanted if we got our work done on time,'" Stewart said in his 2016 argument.
"That's no basis for you to grant an interim rate increase in this circumstance."
N.B. Power lawyer John Furey, who lost that 2016 application, notes in his motion this year that the late application is the New Brunswick government's fault, not N.B. Power's — a distinction the utility hopes will make a difference.
"The basis for the requested variance of the filing date for this application was beyond the control of N.B. Power," wrote Furey in his current motion.
The EUB has scheduled a hearing for March 1 to hear arguments on the request.
ABOUT THE AUTHOR
Surprise Surprise Surprise
David Amos
Does anyone recall NB Power suing the EUB last year???
Don Corey
Reply to David Amos
Yeah, I remember them suing the EUB, but no idea what's happened since.
David Amos
Reply to Don Corey
Its just another one of those lawsuits that never happened Even though I am named in the complaint nobody will tell me what happened
David Amos
Reply to Don Corey
"N.B. Power lawyer John Furey, who lost that 2016 application, notes in his motion this year that the late application is the New Brunswick government's fault, not N.B. Power's — a distinction the utility hopes will make a difference.
"The basis for the requested variance of the filing date for this application was beyond the control of N.B. Power," wrote Furey in his current motion."
Too too Funny It was the lawyer John Furey who wrote and served me the lawsuit and It was the lawyer Christopher Stewart who did not want to discuss it with me as he asked my opinion of N.B. Power filing its rate request 72 days late, on Dec. 15
Feb 24, 2023
Don Corey
There are a few things that really stand out here:
1. Like it or not, the rate increase NB Power is looking for will be the norm (if not even higher) for well into the future
2. With Belledune coal phased out by 2030 (just 7 years away), we could well be looking at electricity shortages at times right here in NB
3. Demand for electricity will definitely be going up
4. NB Power will have to refurbish/rebuild Mactaquac
5. The path to net zero by 2050 is about as clear as the mud (thanks Justin and Stevie Greenpeace)
6. Carbon taxes have done nothing, and will continue to do nothing, to drive the transition to lower carbon emissions (all they contribute to is a higher inflation rate).
N.B. Power seeking rate hikes of almost 10 per cent in 2024, 2025
Despite longer debt deadline, utility says 2 big increases needed to maintain service, start tackling debt
Jacques Poitras · CBC News · Posted: Dec 15, 2023 1:03 PM AST
"Clark disputed the conclusions of Auditor General Paul Martin in a report this week that said he was worried about N.B. Power's "ability to self-sustain its operations."
The utility "doesn't seem to have a plan," he said.
The CEO said the utility's plan, in fact, lays out how its rate hikes and cost-cutting will get it to its 2029 debt target, without sacrificing service to customers or system reliability.
"Our strategic plan lays out a clear path for us," Clark said.
She said the shifting of the debt target by two years to 2029 was the Higgs government's idea after the utility had "provided analysis" on the impact of the earlier 2027 target, including even bigger rate hikes.
The government moved the target in October, when Premier Blaine Higgs was planning for a possible snap election in the fall.
Holland denied at the time that that the change was timed to avoid an unpopular rate hike on the eve of a possible campaign.
"Not politicking at all, not so," he said. "
Christine Martinez
NB Power execs are consistently at the top - by far - of the sunshine list. They continue to get exorbitant bonuses even though they have amassed 5 billion in debt. Perhaps paying for performance is in order at this grossly mismanaged company.
Reply to Wilbur Ross
Reply to Jeremy Amott
Reply to Jeremy Amott
Reply to Mac Isaac
Already conceding before any vote is cast?
Reply to Brian Robertson
Reply to William Morton
Reply to William Morton
Oh right, only lower level people will be affected
Reply to June Arnott
Bill Phemister
Disgusting...typical political move. Deferring needed rate increase til tomorrow so that he can appear to be the defender of all nbers. Actually by deferring today's obvious needs he will cost us even more in the future and in quality of service. Oh yeah he's my hero..sad excuse for a new Brunswicker. Thx.. for nothing.
Don Corey
Reply to Bill Phemister
You'll be seeing some huge rate increases soon enough, and then complaining that Higgs didn't do enough to keep them lower.
David Amos
Reply to Don Corey
Of that I have no doubt
Samual Johnston
Reply to Bill Phemister
NB Power has been a mess. A huge Liberal mess and a huge Conservative mess. Lots of blame to spread around there over many decades.
David Amos
Reply to Samual Johnston
Oh So True
rick haars
Only way NBP gets out of debt is if it's sold to JD.
Rosco holt
Reply to rick haars
JD already has ownership of NBP since he owns NB government.
Bill Phemister.
Reply to rick haars
Wait til you see your power rate increases then.
David Amos
Reply to Rosco holt
Sad but true
FW: Transcript Matter 552 October 30, 2023
David Amos<david.raymond.amos333@gmail.com> |  Tue, Feb 6, 2024 at 9:53 AM | ||||||||||
| To: Shelley@nbcpd.org, Randy@sjhdc.ca | |||||||||||
---------- Forwarded message ---------- From: Melissa Curran <Melissa.Curran@nbeub.ca> Date: Tue, 31 Oct 2023 11:58:30 +0000 Subject: FW: Transcript Matter 552 October 30, 2023 To: "Chiasson, Alain (OAG/CPG)" <Alain.Chiasson2@gnb.ca>, NBP Regulatory <NBPRegulatory@nbpower.com>, "louis-philippe.gauthier@cfib. "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>, "David.Raymond.Amos333@gmail. "Sollows, David (DNRED/MRNDE)" <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> Good Morning, Please see the attached transcript regarding yesterday's Hearing for Matter 552. 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
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Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541
David Amos<david.raymond.amos333@gmail.com> | Tue, Feb 6, 2024 at 9:58 AM | ||||||||||||||||||||||
| To: Shelley@nbcpd.org, Randy@sjhdc.ca | |||||||||||||||||||||||
---------- Forwarded message ---------- From: John Furey <JohnFurey@fureylegal.com> Date: Wed, 5 Jul 2023 16:03:36 +0000 Subject: Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541 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: 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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CUPE waiting for ratification to decide whether to continue lawsuit against province
Emergency hearing scheduled for Monday cancelled in light of tentative contract agreement
The Canadian Union of Public Employees is not abandoning its court challenge of the province's use of emergency legislation to force striking health-care staff back to work.
CUPE had asked for an emergency hearing Monday to put a pause on the emergency order while its legality was decided.
But because staff went back to work after negotiators reached a tentative agreement over the weekend, the emergency hearing was adjourned.
Union lawyer Joël Michaud said that while the emergency hearing is cancelled, the legal challenge is still on.
"It's certainly on, at least until ratification," he said. "If the hospital-sector's members don't ratify, then we're right back to square one."
On Sunday, CUPE and the province separately announced a temporary end to the two-week strike by 22,000 public-sector employees, including school bus drivers, educational support staff and workers in transportation, corrections and the community college system.
The employees will vote on a tentative agreement with the government this week and decide Friday if the strike is over or if they will go back on the picket lines.
Health-care workers out for a shorter time
Some support staff in the health-care sector were part of the strike for a week but were ordered back to work by the province on Nov. 7.
Attorney General Ted Flemming imposed an emergency order that said if any of them continued to strike, they could face thousands of dollars in fines. And the "employee organization" they're a member of would be fined a minimum of $100,000, with no maximum limit, for each day they don't comply.
In its challenge, CUPE alleged the order contravened the workers' right to freedom of association and to belong to a certain organization. They also alleged the fines exceeded what's allowed through the Emergency Measures Act, and constitutes "cruel and unusual punishment," which also contravenes the Charter or Rights.
Michaud said that even if the agreement is accepted, the union may continue the challenge to get clarity on whether using the province's Emergency Measures Act to stop a strike is legal in general.
"There may be, you know, long-term utility in having a decision for all parties involved, frankly, for government as well," Michaud said. "There could be … a pretty clear statement of the court as to whether or not acting this way was legal.
Or the union could abandon the challenge, Michaud said. The union has yet to decide what to do.
Even if CUPE wants to go ahead, Michaud said, the court could decide that the issue is moot if the order is permanently lifted.
ABOUT THE AUTHOR
"Moreau and his lawyer, Joël Michaud, declined a request by Radio-Canada for comment. UNI also declined to comment."
Methinks Camille Thériault has had lots to say about everything else N'esy Pas?
Higg's cause is the mandate the voters gave him to govern, He did what we elected him to do. Better luck next time. Thanks for playing.
He may have had the mandate to govern but the polls are suggesting the people do not like the way he is doing it.
Illegal or not is up to Lawyers to determine.
CUPE leaders are to blame for any issues you may have.
Set your alarm clocks. Back to work like the rest of us.
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