Friday 10 May 2024

Hearing into power-rate increase postponed because of issue with board member




---------- Original message ---------
From: Abigail J. Herrington <Aherrington@lawsoncreamer.com>
Date: Sat, May 11, 2024 at 2:00 PM
Subject: Automatic reply: Re Hearing into power-rate increase postponed because of issue with board member
To: David Amos <david.raymond.amos333@gmail.com>

I am out of the office in meetings and hearings until May 28, 2024. I am monitoring my emails during this time, but my response may be delayed.

If you require urgent assistance, please contact Sarah Knappe at 506-633-3503 or sknappe@lawsoncreamer.com.



---------- Original message ---------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Sat, May 11, 2024 at 2:00 PM
Subject: Re Hearing into power-rate increase postponed because of issue with board member
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>, 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 <Ron.marcolin@cme-mec.ca>, <executivedirector@forestnb.com>, Brandy.Gellner@libertyutilities.com <Brandy.Gellner@libertyutilities.com>, JohnFurey@fureylegal.com <JohnFurey@fureylegal.com>, Leanne <LMurray@nbpower.com>, Jamie <JPetrie@nbpower.com>, Darren <DaMurphy@nbpower.com>, George <George.Porter@nbpower.com>, McKay, Pam <pmckay@nbpower.com>, Gordon, Laura <lgordon@nbpower.com>, Gibson, Kevin <kevgibson@nbpower.com>, NBP Regulatory <NBPRegulatory@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, Dave <Dave.Young@nbeub.ca>, Aherrington@lawsoncreamer.com <Aherrington@lawsoncreamer.com>, Michael <Michael.Dickie@nbeub.ca>, Kathleen <Kathleen.Mitchell@nbeub.ca>, Veronique Otis <Veronique.Otis@nbeub.ca>, Susan Colwell <Susan.Colwell@nbeub.ca>, Melissa Curran <Melissa.Curran@nbeub.ca>, 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>, Zarnett, Paula <pzarnett@bdrenergy.com>, rburgoyne@coxandpalmer.com <rburgoyne@coxandpalmer.com>, <hwafaei@stikeman.com>, gzacher@stikeman.com <gzacher@stikeman.com>, Hanrahan, Dion <hanrahan.dion@jdirving.com>, alain.chiasson2@gnb.ca <alain.chiasson2@gnb.ca>, <randy@sjhdc.ca>, <dustin@emrydia.com>, rdk <rdk@indecon.com>, <shelley@nbcpd.org>
 
 
 
 

Friday 10 May 2024

Hearing into power-rate increase postponed because of issue with board member

 
 

Hearing into power-rate increase postponed because of issue with board member

1 of 3 members of already-reduced Energy and Utilities Board suddenly unable to attend

 
Robert Jones · CBC News ·
N.B. Power was given permission earlier this year to start charging customers more on an interim basis, but the Energy and Utilities Board still has to hear and rule on the utility's request for the rate increases. (Michael Heenan/CBC)

A hearing that was to begin Monday into N.B. Power's request for rate increases of more than nine per cent over each of the next two years has been abruptly cancelled because of a car accident involving the acting chair of the New Brunswick Energy and Utilities Board.

In a letter to hearing participants sent Thursday afternoon, the board's deputy chief clerk, Melissa Curran, wrote that one of three board members scheduled to preside over the two-week hearing is suddenly unable to attend. Rules governing the hearing, known as Matter 552, prohibit it from proceeding because of that.

"Due to unforeseen events involving the availability of a member of the panel, the Board will no longer have a quorum to hear Matter 552, scheduled to begin next week," Curran wrote.

"As a result the Board has no choice but to postpone and reschedule the hearing scheduled for May 13 through 26."

N.B. Power is seeking increases of 9.25 per cent — 9 .8 per cent for residential customers.

The board scheduled a virtual meeting Friday morning to discuss rescheduling the hearing, which has been in the works since last September.

WATCH | 'We were not able to constitute a quorum': 
 

Hearing on N.B. Power’s request for rate increases abruptly cancelled

Duration 1:01
EUB board member Christopher Stewart says another member was involved in a motor vehicle accident and unable to participate. The hearing was scheduled to start Monday.

At that meeting EUB member Christopher Stewart explained that the board's acting chair, Stephanie Wilson, had been in a "reasonably serious" car accident Wednesday night that has left her unable to participate in next week's hearing.

"She suffered injuries in that accident," Stewart said. "It did become immediately apparent to us that she would be unavailable to attend or participate in the hearing that was due to begin next Monday."

In the legislature on Friday, Opposition Leader Susan Holt raised the issue during question period and asked why at least two board member positions at the EUB that have been vacant for several months have not been filled to prevent disruptions in its operation.

Currently, the EUB has three members, who all have been required to preside over every hearing.

Natural Resources and Energy Development Minister Mike Holland did not explain why there have been delays in appointing new members but said it will now be dealt with quickly.

A blond woman in a red dress is unsmiling in front of reporters. Liberal Leader Susan Holt asked during question period why at least two board member positions at the EUB that have been vacant for several months have not been filled to prevent disruptions in its operation. (Ed Hunter/CBC)

"Circumstances have put the board in the situation where they find themselves down," Holland said.  "We are aware of that.

"We are going to address it forthwith and right away."

Thousands of pages of evidence have been filed by N.B. Power and other interested parties for the review of the utility's plans for the next two years and and its request to raise rates substantially to improve its fragile financial condition.

Several experts from across North America were scheduled to testify over the next two weeks and multiple lawyers have been retained to represent various parties. That adds to the difficulty of finding an alternative two-week window that accommodates all schedules.

Board deals with variety of issues

According to legislation that governs the operation of the Energy and Utilities Board, it is meant to function with between three and six full-time members and up to two part-time members.  

The legislation also has a requirement that at least three board members preside over hearings.

A surplus of board members helps the body regulate a number of issues simultaneously involving electricity, natural gas distribution, pipeline operations, petroleum pricing, mining disputes and claims and even intercity bus travel.

However, the board has been operating with a bare minimum of three members for several months. Last spring its former chair, Francois Beaulieu died suddenly. Two other members whose terms expired, including former MP John Herron, also departed.

Replacement members need to be appointed by the province but so far that has not happened.

Speaking to reporters following question period Friday New Brunswick Premier Blaine Higgs acknowledged his government has been delaying appointing members to EUB on purpose

Vacancies intentional, Higgs says

In a surprise revelation, he said  the province has been studying whether to end petroleum price regulation in New Brunswick and thought that would lighten the body's need for members.

"A big part of the EUB's workload is in terms of monitoring regulated pricing," Higgs said. 

" So if we didn't stay on that track with regulated pricing then there wouldn't be the requirement of the same number of members so that's been part of the issue."

Higgs agreed Wison's absence will require immediate action.

Holt called delays in appointing board members "poor management" and said the blame for the delayed hearing belongs to the Premier

Green Party Leader David Coon agreed.

"It's a failure of governance," Coon said.  "Those vacancies have been there since last year."

The postponement will not affect N.B. Power operations. In March, the Energy and Utilities Board ruled the utility could begin charging customers higher rates on an interim basis. Residential customers received  a 9.8 per cent increase on April 1.

Next week's hearing was meant to decide if those new amounts were justified or should be reduced with rebates paid to customers for any overcharges.    

ABOUT THE AUTHOR


Robert Jones

Reporter

Robert Jones has been a reporter and producer with CBC New Brunswick since 1990. His investigative reports on petroleum pricing in New Brunswick won several regional and national awards and led to the adoption of price regulation in 2006.

CBC's Journalistic Standards and Practices
 
 
 
16 Comments
 
 
 
David Amos
Why is it that I do not believe any of them? 
 
 
 
Christine Martinez 
So not postponed due to the upcoming announcement of the Point Lepreau "sale" to Ontario, in after which the rates will skyrocket?

Suuuuuurrree the two aren't connected.

David Amos 
Reply to Christine Martinez
Nope
 
 
 
William Peters 
It's very easy to create an economic mess that will demand higher prices which will please the people collecting taxes on the increased price of it. The economic fallout to businesses can be managed by subsidy while you pick up the tab for your dependence. There are large incentives to have NB Power struggle. You' ll pay no matter what the cost is, because you have to. There's no getting around the need for energy. It's not like you can just collect it in your backyard to feed your level of ever growing level of affluencewait.
 
Lou Bell 
Reply to William Peters 
Higgs has taken up the need for utility prices to be brought in line with the rest of Canada . Something we should never expect the " fly by the seat of their pants " Liberals to do . Just look at the Billions they added in their last term alone v. Or even worse , look at what the trudeau government has done to our debt . 
 
Gerry Wootton 
Reply to Lou Bell  
Regardless of what they say, New Brunswick is preventing the extension of the Atlantic Loop into New Brunswick which would bring less expensive electricity from Quebec and Labrador to the maritime provinces. Just across the border in Quebec the average price is 7.8 cents/kWh while in New Brunswick it's 13.9 cents and apparently going up. While Hydro Quebec can get inexpensive clean electricity to Boston and New York city they're blocked from doing the same for St. John for the simple reason that New Brunswick want's to protect it's expensive and dirty private electricity producers. Mr. Higgs hoped the people of New Brunswick wouldn't notice; that's what politicians do, when they say they're looking after you, you aren't even number two.
 
MR Cain 
Reply to William Peters  
We need toilet paper, too, but don't dwell on it.
 
MR Cain 
Reply to Gerry Wootton 
The government claims we can't afford it. Maybe the next one will think differently. 
 
 
 
Le Wier  
Did anyone complete the GNB survey on the future of energy in NB? https://www2.gnb.ca/content/gnb/en/corporate/promo/clean-energy/form-extended.html
 
David Webb
Reply to Le Wier  
Had not heard about it until you posted. I have now completed. Thank you
 
 
 
Kenneth Dwight
Wonder how many posters are going to focus on how Holt looks like in photos in this article? 
 
Kyle Woodman 
Reply to Kenneth Dwight 
Exactly, can we get back to obsessing over what Faytene might be doing at this very moment.
 
Lou Bell 
Reply to Kenneth Dwight
Lost . Completely lost . As the leader of the " vote by sticker " party . 
 
 
MR Cain 
The election has priority with this do-nothing government. Delay and distract from issues that matter to New Brunswickers. 
 
Lou Bell 
Reply to MR Cain 
Actually , the Higgs government has taken up the neglected need for fiscal responsibility in NB Power getting their business in order , as he knows the Liberals never have and never will do it . It appears the Liberals have mistaken " fiscal " for meaning something like " running " for a party or away from questions , such as what happened in their failed 130 million dollar plan 5 years ago . 
 
Lou Bell 
Reply to MR Cain  
And the incident re the ridiculing of Fitch's speech in the Legislature yesterday should give NBers the agenda of the one issue Liberals here in NB . 
 

---------- Original message ---------
From: Moore, Rob - M.P. <Rob.Moore@parl.gc.ca>
Date: Tue, Mar 19, 2024 at 8:14 AM
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.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.

 

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Office of the Honourable Rob Moore, P.C., M.P.

Member of Parliament for Fundy Royal

rob.moore@parl.gc.ca

 

 
 
 
---------- Original message ---------
From: John Furey <JohnFurey@fureylegal.com>
Date: Thu, Feb 15, 2024 at 4:31 PM
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.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.

 

---------- Original message ---------
From: Mitton, Megan (LEG) <Megan.Mitton@gnb.ca>
Date: Thu, Feb 8, 2024 at 11:43 AM
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.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.
For media requests, please call: 506-429-2285.

- - -

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.



---------- Original message ---------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Thu, Feb 8, 2024 at 11:43 AM
Subject: 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>


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
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> permission de l'expéditeur. La divulgation à toute personne autre que le
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> 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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