Friday 15 March 2024

EUB approves 9.8% interim rate increase for N.B. Power's residential customers

Fwd: FW: Where does she (really) stand?

---------- Original message ---------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Mar 19, 2024 at 8:46 AM
Subject: Fwd: FW: Where does she (really) stand?
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 <keith.chiasson@gnb.ca>, jacques.j.leblanc <jacques.j.leblanc@gnb.ca>, jean-claude.d'amours <jean-claude.d'amours@gnb.ca>, robert.mckee <robert.mckee@gnb.ca>, robert.gauvin <robert.gauvin@gnb.ca>, Mark.Blakely <Mark.Blakely@rcmp-grc.gc.ca>, martin.gaudet <martin.gaudet@fredericton.ca>, premier <premier@gnb.ca>, Dominic.Cardy <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 <Dorothy.Shephard@gnb.ca>, andrea.anderson-mason <andrea.anderson-mason@gnb.ca>, Susan.Holt <susan.holt@gnb.ca>, ltgov <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>

 
Perhaps Madame Holt should ask Minister Mikey about what went down in the EUB on or about the Ides of March???
 

https://davidraymondamos3.blogspot.com/2024/03/eub-approves-98-interim-rate-increase.html


Friday 15 March 2024

EUB approves 9.8% interim rate increase for N.B. Power's residential customers

 
 

EUB approves 9.8% interim rate increase for N.B. Power's residential customers

Utility says increase on April 1 necessary because of debt, 'unexpected events'

 
Sam Farley · CBC News · Posted: Mar 15, 2024 4:13 PM ADT 


From: PCNB <info@pcnb.ca>
Sent: Monday, March 18, 2024 2:39:09 PM
To: A Buddy
Subject: Where does she (really) stand?
 

Don,

Today, MLA Mike Holland issued a dire warning about the looming threat of increased carbon taxes imposed by Justin Trudeau’s Liberal government.

Here’s what else Mike noticed…

Susan Holt –  the same Susan Holt who's been fully aligned with Trudeau’s policies (including his carbon tax!) – seems to have had a sudden change of heart.

Now, Susan Holt agrees Trudeau shouldn’t raise his carbon tax on April 1.

We’re not complaining – better late than never, right?

But we're skeptical.

Is Susan Holt hitting pause on the carbon tax until after the election because she knows it’s a vote loser for the Liberal Party? Or is she finally on board with axing it altogether?

Either way, you deserve the answer.

That’s why we’re asking you to tap here right now to help us hold Susan Holt accountable in the legislature and challenge her to come clean on her *real* stance on the Liberal carbon tax.

Don’t miss your chance to stand up against the carbon tax and advocate for policies that prioritize the well-being of our province and our people.

Oh, and before we forget, check out Mike’s video statement here.

Thanks for fighting back against the carbon tax and joining our PC team in the fight for a better, brighter future for New Brunswick.

Sincerely,

Team PCNB
DONATE NOW
PCNB
215-364 York Street
Fredericton, NB E3B 3P7

 

Fwd: 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 dropped and Mikey is out a job

 
---------- Original message ---------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Mar 19, 2024 at 8:13 AM
Subject: Re: 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: 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>




 
 

EUB approves 9.8% interim rate increase for N.B. Power's residential customers

Utility says increase on April 1 necessary because of debt, 'unexpected events'

 
Sam Farley · CBC News ·
N.B. Power was late applying for the increase, which will take effect on April 1. (Michael Heenan/CBC)

N.B. Power residential customers will be seeing a 9.8 per cent interim rate increase on April 1, the public utility announced Friday afternoon.

"We will be communicating with all customers before the new rates take effect this spring to help them understand any changes to their bills," the utility said on X.

The average increase for all rate classes on April 1 is 9.25 per cent, while residential customers will increase by 9.8 per cent.

Approval of N.B. Power's request for the increase was delivered orally by the Energy and Utilities Board, whose lawyer had questioned the need for the rate increase at a hearing in early March. 

"We understand that raising rates is not something anyone wants, particularly when customers are already facing the rising cost of basic necessities," N.B. Power CEO Lori Clark said in an email statement to CBC News on Friday afternoon.

She went on to say the increase is necessary to provide customers with reliable power "during this time of unprecedented challenges and volatility."

Lori Clark poses for a photoN.B. Power CEO Lori Clark acknowledged increases rates are 'not what anyone wants,' but this one is necessary at a time of "unprecedented challenges." (Jacques Poitras/CBC)

N.B. Power applied for the increase 10 weeks past the deadline, which the EUB blamed on the province. N.B. Power's original rate increase proposal was 12 per cent, but at the last minute the province moved back a debt reduction target for N.B. Power from 2027 to 2029.

This allowed N.B. Power to reduce the increase it was asking for, but made the utility miss the deadline to file.

At the time the EUB estimated the process would delay the new rate from going into effect until July 1, which is why N.B. Power is implementing an "interim" rate increase for now.

Clark acknowledged missing the deadline to file a rate increase request with the EUB, but she said moving back the timeline for paying off debt — to 2029 — allowed the lower 9.8 per cent increase.

"We made the decision to apply for interim rates for April 1st to avoid a revenue shortfall which would eventually be passed on to the customer as we are a cost-of-service utility," Clark said.

Lepreau breakdown a factor

The increased rates are to tackle debt and address what N.B. Power calls unexpected events in recent years, including a breakdown of the Point Lepreau nuclear generating station in winter 2022.

"The requested increases are necessary to allow N.B. Power to fulfil its core responsibility, and to make modest improvements in its financial health," N.B. Power wrote in its application for the rate hike.

N.B. Power spokesperson Dominique Couture said there is an additional EUB hearing next week about an unrelated four per cent variance cost increase to power bills as well.

Couture said in an email that the next step for N.B. Power is to review the decision and adjust rate schedules and policies manual for EUB approval. After approval, new rates will take effect, likely on April 1.

"We respect the ruling of the EUB and their commitment to ensuring New Brunswickers pay a fair rate for their electricity," Couture said.

Final decision expected July 1

Due to the late filing, a final EUB decision is not expected until July 1, Couture said.

"Today's decision allows us to implement the new rate until a final decision is made by the independent regulator. If the EUB decides on a lower rate in its final decision, we will adjust bills accordingly," Couture said.

A spokesperson from the New Brunswick government acknowledged a request for comment Friday afternoon, but did not provide a statement by the end of the day.

Green Party Leader David Coon said the increase for New Brunswickers would be hard "for those who are living cheque to cheque or not even keeping their head above water, any extra costs are going to be problematic, no question about it."

Coon also called it "wholly inappropriate" for the EUB to approve an interim rate hike before full hearings to hear why the hike is needed.

"I'm quite shocked that the Energy and Utilities Board would grant this rate increase without reviewing the evidence to justify the increase," Coon said.

New Brunswick's Liberal energy critic did not respond to a request for comment by Friday evening.

Corrections

  • A previous version of this story said the interim rate hike would increase by 9.5%, but was later clarified by N.B. Power to be a 9.8% increase for residential customers and an average of 9.25% increase for all rate classes.
    Mar 15, 2024 6:25 PM AT

ABOUT THE AUTHOR


Sam Farley

Journalist

Sam Farley is a Fredericton-based reporter at CBC New Brunswick. Originally from Boston, he is a journalism graduate of the University of King's College in Halifax. He can be reached at sam.farley@cbc.ca

CBC's Journalistic Standards and Practices
 
 
 
17 Comments 



David Amos
Surprise Surprise Surprise 
 
 
 
Stewart L. Morrison  
Yes, I'm here from the EUB to rubber stamp your application...there you go...all set...I'm sure that'll cover the executive raises this fiscal. As for the little people, I'm sure the province will help them out...not to worry. 
 
 
David Amos 
Reply to Stewart L. Morrison 
Methinks many a true word is said in jest N'esy Pas? 
 
 
 
 
Eugene Peabody
Well we will still be near the bottom of the Canada wide electricity rates. I am not crazy about it but I know the rates have to increase to have a stable system . The Point Lepreau plant and poor management in NB Power did not help plus the government not allowing small increases in the past have made this inevitable.
  
Lou Bell 
Reply to Eugene Peabody   
Nice to having somone running the province who at least has a few clues about responsible fiscal management . Quite obvious the Liberals and Greens can't be trusted in any way in handling taxpayer dollars . Really , like giving ones credit card to their kids and tell them they need to pay for what they purchase . And these people want to lower the voting age to 16 ! Really , who wants 16 year olds deciding how taxpayer dollars should be spent .  
 
 
William Peters  
Reply to Lou Bell
Put it to the serfs you mean? There has never been a responsible fiscal conservative who wasn't responsible first and foremost to the ideological cause of feeding the rich, keeping people uneducated and fostering division along the lines of religion and language. It's all dissonance all the time. Rinse and repeat with the same tropes. "The Liberals are coming for your money again" tour was in Fredericton today. Norman Vincent Peale's gospel of conservative prosperity was being quote profusely, no doubt. 
 
 
Eugene Peabody  
Reply to Lou Bell
I like how your posts are always good for a chuckle. Was PM R.B. Bennett a relative?
 
 
David Amos 
Reply to Eugene Peabody 
Its true that liitle Lou is always good for a chuckle. However relating her to the late great R.B. Bennett was not funny to me  
 
 
 
 
Lou Bell
Mr. Coon's response is certainly as expected .Like the Liberals , the Greens have no idea of what responsible fiscal management is about at all . Really the leaders of both parties should be required to take economics courses because it's quite obvious they should be nowhere near handling the monies of NB taxpayers , much like the Liberal / NDP Party of Canada .  
 
 
William Peters  
Reply to Lou Bell
Nobody can squeeze you like a CORservative. It's the message all those paying $800 bucks to eat with their class representatives want to hear. Vote for us because we promise to give you less and less of what you require for modest increases in taxes...good luck with that. 
 
 
David Amos 
Reply to William Peters   
I heard that they did not sell all their tickets
 
 
 
 
Mack Leigh  
Is there no end to the never ending rise of the cost of living. People are being pushed out of their homes, pushed out of their apartments with many living on the streets. Is homelessness going to be the new normal in NB. Enough is enough.
 
 
Le Wier  
Reply to Mack Leigh  
But the variance for the amount credit for energy used is a great help 🙄 
 
 
David Amos 
Reply to Mack Leigh 
Enough is enough Thats why I quit intervening in the EUB matters last year  
 
 
 
 
Roland Stewart  
Gonna upset a lot of people from Ont. that are moving here. First higher property taxes now an electricity increase. 
 
 
Lou Bell 
Reply to Roland Stewart  
The free ride the Liberals gave NBers , all the while building up a huge debt had to come to an end somtime . Thank goodness they haven't gotten back in , our provincial debt would be over 20 billion by now , and we'd be further behind in everything else as well . 
 
 
David Amos 
Reply to Roland Stewart 
They can always go home 
 
 
On Thu, Feb 15, 2024 at 4:30 PM David Amos <david.raymond.amos333@gmail.com> wrote:
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.com> wrote:
> 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).
> NB Power is to file with the Board, and serve on all other parties,
> 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.
>
> ---------- Original message ----------
> From: David Amos <david.raymond.amos333@gmail.com>
> 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>, 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>
> 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.com>
> 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.ca" <louis-philippe.gauthier@cfib.ca>,
> "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@libertyutilities.com"
> <Brandy.Gellner@libertyutilities.com>,
> "dave.lavigne@libertyutilities.com"
> <dave.lavigne@libertyutilities.com>,
> "Gilles.volpe@libertyutilities.com"
> <Gilles.volpe@libertyutilities.com>, "JohnFurey@fureylegal.com"
> <JohnFurey@fureylegal.com>, "Murray, Leanne" <LMurray@nbpower.com>,
> "Petrie, Jamie" <JPetrie@nbpower.com>, "Murphy, Darren"
> <DaMurphy@nbpower.com>, "Porter, George" <George.Porter@nbpower.com>,
> "Gibson, Kevin" <KevGibson@nbpower.com>, "Gordon, Laura"
> <LGordon@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Young, Dave"
> <Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com"
> <Aherrington@lawsoncreamer.com>, "Dickie, Michael"
> <Michael.Dickie@nbeub.ca>, "Mitchell, Kathleen"
> <Kathleen.Mitchell@nbeub.ca>, Veronique Otis
> <Veronique.Otis@nbeub.ca>, Susan Colwell <Susan.Colwell@nbeub.ca>,
> "tyler.rajeski@twinriverspaper.com"
> <tyler.rajeski@twinriverspaper.com>,
> "darcy.ouellette@twinriverspaper.com"
> <darcy.ouellette@twinriverspaper.com>, "Hoyt, Len"
> <len.hoyt@mcinnescooper.com>, "paul.black@twinriverspaper.com"
> <paul.black@twinriverspaper.com>, "tammy.grieve@mcinnescooper.com"
> <tammy.grieve@mcinnescooper.com>, "jeff.garrett@sjenergy.com"
> <jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com"
> <shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com"
> <dan.dionne@perth-andover.com>, "pierreroy@edmundston.ca"
> <pierreroy@edmundston.ca>, "rburgoyne@coxandpalmer.com"
> <rburgoyne@coxandpalmer.com>, "gzacher@stikeman.com"
> <gzacher@stikeman.com>, "alain.chiasson2@gnb.ca"
> <alain.chiasson2@gnb.ca>
>
> 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/86526832735?pwd=MtRl6qbOTAw54eOPKWO3FjWm50IPpL.1
>>
>> 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/86526832735?pwd=MtRl6qbOTAw54eOPKWO3FjWm50IPpL.1
>>
>> 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
>> sender. Disclosure to anyone other than the intended recipient does not
>> constitute a waiver of privilege. If you have received this message
>> inadvertently, please notify the sender, delete the message and then
>> delete
>> your response. Thank you.
>> Avis de confidentialité
>> Ce message ainsi que tout fichier qui pourrait l’accompagner sont
>> confidentiels et destinés uniquement à l'usage de la personne ou de
>> l'entité
>> à laquelle ils sont adressés. Il ne doit pas être réacheminé sans la
>> permission de l'expéditeur. La divulgation à toute personne autre que le
>> destinataire prévu ne constitue pas une renonciation au privilège. Si
>> vous
>> avez reçu ce message par inadvertance, veuillez en informer l'expéditeur,
>> supprimer le message, puis votre réponse. Merci.
>>
>>
>> From: NBP Regulatory <NBPRegulatory@nbpower.com>
>> Sent: Wednesday, October 25, 2023 4:02 PM
>> To: louis-philippe.gauthier@cfib.ca; frederic.gionet@cfib.ca;
>> David.Raymond.Amos333@gmail.com; david.sollows@gnb.ca; Daly, Gerard
>> <daly@nbnet.nb.ca>; hanrahan.dion@jdirving.com;
>> Brandy.Gellner@libertyutilities.com; dave.lavigne@libertyutilities.com;
>> Gilles.volpe@libertyutilities.com; JohnFurey@fureylegal.com; Murray,
>> Leanne
>> <LMurray@nbpower.com>; Petrie, Jamie <JPetrie@nbpower.com>; Murphy,
>> Darren
>> <DaMurphy@nbpower.com>; Porter, George <George.Porter@nbpower.com>;
>> Gibson,
>> Kevin <KevGibson@nbpower.com>; Gordon, Laura <LGordon@nbpower.com>; NBP
>> Regulatory <NBPRegulatory@nbpower.com>; NBEUB/CESPNB <General@nbeub.ca>;
>> Young, Dave <Dave.Young@nbeub.ca>; Aherrington@lawsoncreamer.com; Dickie,
>> Michael <Michael.Dickie@nbeub.ca>; Mitchell, Kathleen
>> <Kathleen.Mitchell@nbeub.ca>; Veronique Otis <Veronique.Otis@nbeub.ca>;
>> Susan Colwell <Susan.Colwell@nbeub.ca>; Melissa Curran
>> <Melissa.Curran@nbeub.ca>; tyler.rajeski@twinriverspaper.com;
>> darcy.ouellette@twinriverspaper.com; Hoyt, Len
>> <len.hoyt@mcinnescooper.com>;
>> paul.black@twinriverspaper.com; tammy.grieve@mcinnescooper.com;
>> jeff.garrett@sjenergy.com; shelley.wood@sjenergy.com;
>> dan.dionne@perth-andover.com; pierreroy@edmundston.ca;
>> rburgoyne@coxandpalmer.com; gzacher@stikeman.com; 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@01DA0803.601D2DA0]
>>
>> Corporate Regulatory Affairs
>>
>> T: 506.458.4959
>> C: 506.429.8556
>> nbpower.com | energienb.com
>>
>>
>>
>>
>>
>>
>>
>>
>> ________________________________
>> This e-mail communication (including any or all attachments) is intended
>> only for the use of the person or entity to which it is addressed and may
>> contain confidential and/or privileged material. If you are not the
>> intended
>> recipient of this e-mail, any use, review, retransmission, distribution,
>> dissemination, copying, printing, or other use of, or taking of any
>> action
>> in reliance upon this e-mail, is strictly prohibited. If you have
>> received
>> this e-mail in error, please contact the sender and delete the original
>> and
>> any copy of this e-mail and any printout thereof, immediately. Your
>> co-operation is appreciated.
>> Le présent courriel (y compris toute pièce jointe) s'adresse uniquement à
>> son destinataire, qu'il soit une personne ou un organisme, et pourrait
>> comporter des renseignements privilégiés ou confidentiels. Si vous n'êtes
>> pas le destinataire du courriel, il est interdit d'utiliser, de revoir,
>> de
>> retransmettre, de distribuer, de disséminer, de copier ou d'imprimer ce
>> courriel, d'agir en vous y fiant ou de vous en servir de toute autre
>> façon.
>> Si vous avez reçu le présent courriel par erreur, prière de communiquer
>> avec
>> l'expéditeur et d'éliminer l'original du courriel, ainsi que toute copie
>> électronique ou imprimée de celui-ci, immédiatement. Nous sommes
>> reconnaissants de votre collaboration.
>>
>
>
>
>
>
> 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.com>
> 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.ca" <louis-philippe.gauthier@cfib.ca>,
> "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@libertyutilities.com"
> <Brandy.Gellner@libertyutilities.com>,
> "dave.lavigne@libertyutilities.com"
> <dave.lavigne@libertyutilities.com>,
> "Gilles.volpe@libertyutilities.com"
> <Gilles.volpe@libertyutilities.com>, "JohnFurey@fureylegal.com"
> <JohnFurey@fureylegal.com>, "Murray, Leanne" <LMurray@nbpower.com>,
> "Petrie, Jamie" <JPetrie@nbpower.com>, "Murphy, Darren"
> <DaMurphy@nbpower.com>, "Porter, George" <George.Porter@nbpower.com>,
> "Gibson, Kevin" <KevGibson@nbpower.com>, "Gordon, Laura"
> <LGordon@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Young, Dave"
> <Dave.Young@nbeub.ca>, "Aherrington@lawsoncreamer.com"
> <Aherrington@lawsoncreamer.com>, "Dickie, Michael"
> <Michael.Dickie@nbeub.ca>, "Mitchell, Kathleen"
> <Kathleen.Mitchell@nbeub.ca>, Veronique Otis
> <Veronique.Otis@nbeub.ca>, Susan Colwell <Susan.Colwell@nbeub.ca>,
> "tyler.rajeski@twinriverspaper.com"
> <tyler.rajeski@twinriverspaper.com>,
> "darcy.ouellette@twinriverspaper.com"
> <darcy.ouellette@twinriverspaper.com>, "Hoyt, Len"
> <len.hoyt@mcinnescooper.com>, "paul.black@twinriverspaper.com"
> <paul.black@twinriverspaper.com>, "tammy.grieve@mcinnescooper.com"
> <tammy.grieve@mcinnescooper.com>, "jeff.garrett@sjenergy.com"
> <jeff.garrett@sjenergy.com>, "shelley.wood@sjenergy.com"
> <shelley.wood@sjenergy.com>, "dan.dionne@perth-andover.com"
> <dan.dionne@perth-andover.com>, "pierreroy@edmundston.ca"
> <pierreroy@edmundston.ca>, "rburgoyne@coxandpalmer.com"
> <rburgoyne@coxandpalmer.com>, "gzacher@stikeman.com"
> <gzacher@stikeman.com>, "alain.chiasson2@gnb.ca"
> <alain.chiasson2@gnb.ca>
>
> ---------- Original message ----------
> From: David Amos <david.raymond.amos333@gmail.com>
> 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" <Aherrington@lawsoncreamer.com>,
> Melissa Curran <Melissa.Curran@nbeub.ca>, "Young, Dave"
> <Dave.Young@nbeub.ca>, "Michael.Dickie@nbeub.ca"
> <Michael.Dickie@nbeub.ca>, Veronique Otis <Veronique.Otis@nbeub.ca>,
> "Colwell, Susan" <Susan.Colwell@nbeub.ca>, "Chiasson, Alain (OAG/CPG)"
> <Alain.Chiasson2@gnb.ca>, "Hoyt, Len" <len.hoyt@mcinnescooper.com>,
> "Glenn Zacher (gzacher@stikeman.com)" <GZacher@stikeman.com>,
> "rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com>,
> "louis-philippe.gauthier@cfib.ca" <louis-philippe.gauthier@cfib.ca>,
> "frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>,
> "daly@nbnet.nb.ca" <daly@nbnet.nb.ca>, "david.sollows@gnb.ca"
> <david.sollows@gnb.ca>, "Brandy.Gellner@libertyutilities.com"
> <Brandy.Gellner@libertyutilities.com>,
> "Gilles.volpe@libertyutilities.com"
> <Gilles.volpe@libertyutilities.com>,
> "dave.lavigne@libertyutilities.com"
> <dave.lavigne@libertyutilities.com>, "Waycott, Stephen"
> <SWaycott@nbpower.com>, "Gordon, Laura" <LGordon@nbpower.com>
>
> Court of Appeal File No.:    68-23-CA
>
> IN THE COURT OF APPEAL OF NEW BRUNSWICK
>
> UNDER SECTION 52(1) OF THE ENERGY AND UTILITIES BOARD ACT, SNB 2006,
> c. E-9.18, AND RULE 69 OF THE RULES OF COURT, NB REG 82-73
>
> BETWEEN:
> NEW BRUNSWICK POWER CORPORATION,
>
> APPLICANT,
>                               - and –
>
> NEW BRUNSWICK ENERGY AND UTILITIES BOARD,
>
> RESPONDENT.
>
> TO:           NEW BRUNSWICK COURT OF APPEAL
> AND TO:       New Brunswick Power Corporation, Applicant
>
> ACKNOWLEDGEMENT OF RECEIPT
> I hereby acknowledge that on the        day of July, 2023, I received
> the following documents:
> a)    Notice of Application dated July 4, 2023, issued by the Court of
> Appeal on July 5, 2023;
>
> b)    Affidavit of Darren Murphy dated July 4, 2023, with Exhibits “A”
> through “I” attached; and
>
> c)    Correspondence from the Deputy Registrar of the Court of Appeal
> dated July 5, 2023.
>
> I am a Registered Party who is named at the top of the notice of
> application why would I be required to seek status?
>
>
> Veritas Vincit
> David Raymond Amos
>
>
>
>
> On 7/5/23, John Furey <JohnFurey@fureylegal.com> wrote:
>> 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<mailto:JohnFurey@fureylegal.com>
>> Phone: 506-444-1328
>> Fax:      506-300-2076
>>
>>
>
>
> On 10/30/23, David Amos <david.raymond.amos333@gmail.com> wrote:
>> 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/86526832735?pwd=MtRl6qbOTAw54eOPKWO3FjWm50IPpL.1
>>>
>>> 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.
>
 
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