Matter 541 - NB Power 2023-2024 General Rate Application
| Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca> | Wed, Nov 9, 2022 at 9:33 AM | |
To:
"louis-philippe.gauthier@cfib.ca"
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<sstoll@stollprofcorp.com> | ||
Matter No. 541
NEW BRUNSWICK ENERGY AND UTILITIES BOARD
INTERVENER REQUEST
(Rule 3.2)
In Relation to an Application by: The New Brunswick Power Corporation
In Accordance with: 2023-2024 General Rate Application
TO: The New Brunswick Energy and Utilities Board
David Raymond Amos (“Proposed Intervener”) wishes to actively participate in the above-noted
proceeding, and makes this Intervener Request in accordance with Rule 3.2 of the Board’s Rules
of Procedure.
The Proposed Intervener states that he has a substantial interest in the above-noted proceeding
and intends to participate actively and responsibly in the proceeding.
1. David Raymond Amos as a Canadian Citizen residing in New Brunswick paying taxes on his
private property is a stakeholder in the New Brunswick Power Corporation and is a client of
the Applicant as well.
2. The Proposed Intervener was involved with the 357 Matter and the Rate Design issues since
it began and wishes to continue in the 529 Matter. He is much concerned about the proposed
large increase in rates before the issues raised within the 357 matter have been resolved.
The authorized representative of the Proposed Intervener is:
David Raymond Amos
P.O. Box 809
Kars, NB
E5T 2X2
506 434 8433
David.Raymond.Amos333@gmail.com
The Proposed Intervener intends to participate in the English language.
DATED the 4th day of November, 2022
DAVID RAYMOND AMOS
NOTE: A copy of this Intervener Request must also be served on the Applicant.
1
NEW BRUNSWICK ENERGY and UTILITIES BOARD
COMMISSION DE L’ENERGIE ET DES SERVICES PUBLICS N.-B.
Matter 541
Relating to an application by New Brunswick Power
Corporation pursuant to subsection 103(1) of the
Electricity Act for approval of the Schedule of Rates
for the fiscal year commencing April 1 st 2023.
Relativement à une demande présentée par la Société
d’énergie du Nouveau-Brunswick en vertu du paragraphe
103(1) de la Loi sur l’électricité pour l’approbation
des barèmes des tarifs pour l’exercice financier
commençant le 1er avril 2023.
Held via Videoconferencing, on November 9, 2022.
Henneberry Reporting Service
2
NEW BRUNSWICK ENERGY and UTILITIES BOARD
COMMISSION DE L’ENERGIE ET DES SERVICES PUBLICS N.-B.
Matter 541
Relating to an application by New Brunswick Power
Corporation pursuant to subsection 103(1) of the
Electricity Act for approval of the Schedule of Rates
for the fiscal year commencing April 1 st 2023.
Relativement à une demande présentée par la Société
d’énergie du Nouveau-Brunswick en vertu du paragraphe
103(1) de la Loi sur l’électricité pour l’approbation
des barèmes des tarifs pour l’exercice financier
commençant le 1er avril 2023.
Held via Videoconferencing, on November 9, 2022.
Members of the Board:
Mr. Francois Beaulieu - Chairperson
Ms. Heather Black - Member
Ms. Stephanie Wilson - Member
Counsel to Board Staff - Ms. Abigail Herrington
............................................................
3
CHAIRPERSON: So welcome, everyone or good morning. This
is a pre-hearing conference in Matter 541 relating to an
application by New Brunswick Power Corporation pursuant
to subsection 103(1) of the Electricity Act for approval
of the Schedule of Rates for the fiscal year commencing
April 1 st 2023.
Il s’agit de la vidéoconférence préparatoire à
l’audience dans l’instance 541, relativement à une
demande présentée par la Société d’énergie du Nouveau-
Brunswick en vertu du paragraphe 103(1) de la Loi sur
l’électricité pour l’approbation des barèmes des tarifs
pour l’exercice financier commençant le 1er avril 2023.
So the panel this morning consists of myself Francois
Beaulieu. I am joined my members Heather Black and
Stephanie Wilson.
For those of you who are not accustomed to these types
of conferences, there is just a few things that I
essentially will -- I would like to remind you.
First of all, we have been experiencing for the past two
and a half years with these types of virtual conference
hearings that if you are not connected to a hardwired
connection and you are connected to Wi-Fi sometimes that
doesn’t work that well, so it’s preferable that you are
4
connected directly to hardwire. The use of headphones
would be much appreciated. If you have some, it makes
the job of Ms. Farris, who is the court stenographer,
much easier when it comes to transcribing the
transcript. Mute your microphones when you are not
speaking to eliminate background noises. Don’t forget
to plug your electric devices, activate your cameras and
unmute your devices when you are required to speak. And
in the event that there is a discussion that needs to be
done between the parties without the Board Panel
Members, the Chief Clerk will be putting myself, Ms.
Black and Ms. Wilson into a waiting room for the parties
to have that discussion and we also will reassure
ourselves that no other parties that are not an
intervener or the applicant in the main room be put also
in the waiting room.
As this pre-hearing is open to the general public and to
the media, I would ask these individuals to mute and
disable their cameras. Simultaneous translation is
available at the bottom of your screen. If you look,
there is an icon that states interpretation. So you are
able to activate either the French or English
translation. And any recording or broadcasting of this
5
pre-hearing conference is strictly prohibited.
So, Mr. Furey, I was looking at the documents that were
filed on behalf of your client yesterday and did notice
that there was an Affidavit of Publication dated October
18 th 2022 which confirms that items 4 and 5 of the Board
order dated October 17 have been complied with. So
thank you for filing that Affidavit of Publication.
There are a number of parties that have filed intervener
requests in this proceeding. So I think the first thing
that we are going to do this morning before talking
about dates and schedules is to confirm those parties --
or to confirm or to -- should I say to grant intervener
status to the parties that have applied for intervener
status.
So the first one is the Canadian Federation of
Independent Business, and I am wondering if Mr. Gauthier
or Mr. Gionet is with us this morning or somebody else
from that association?
MR. GIONET: Yes. Mr. Gionet here for the -- here
representing the CFIB.
CHAIRPERSON: Thank you, Mr. Gionet. So the Board’s rules
of procedure -- if there are any issues regarding any
parties requesting intervener status, a party is
6
requested -- or anyone is requested to file an
objection. We haven’t received any objections regarding
-- with respect to the Canadian Federation of
Independent Business. However, at this point in time, I
will ask if anyone has any objections that the Canadian
Federation of Independent Business intervenes in this
proceeding?
MR. FUREY: No, objection, Mr. Chair.
CHAIRPERSON: So hearing no objections from any other
parties in this proceeding, the Canadian Federation of
Independent Business will be granted intervener status.
I am wondering if there is anybody from the Coalition
for Responsible Energy Development in New Brunswick?
Are there any objections that the Board grants
intervener status to this Coalition from any of the
parties? So hearing no objections, the Board will grant
the Coalition for Responsible Energy Development in New
Brunswick intervener status in this proceeding.
Is anyone from the Conservation Council of New
Brunswick?
DR. COMEAU: Present. Louise Comeau.
CHAIRPERSON: So, good morning, Dr. Comeau. Any of the
parties that are present today that has any objections
7
that the Board grants intervener status to the
Conservation Council? So hearing no objections, the
Board will grant intervener status to the Conservation
Council of New Brunswick.
Mr. Amos, David Amos, I am wondering if -- I don’t know
if you have a video or if you are calling in, Mr. Amos?
MR. AMOS: Yes, I am on a cell phone.
CHAIRPERSON: All right. So Mr. Amos has filed an
intervener request in this proceeding. Does anybody
have any objections that he intervenes in this
proceeding?
MR. FUREY: Mr. Chair, NB Power is not objecting to Mr.
Amos being granted intervener status at this point. But
I do have a few comments to make with respect to his
intervention.
As the Board knows, NB Power did object to intervention
by Mr. Amos in Matters 375 and Matter 430. And in both
cases the Board did not grant Mr. Amos intervener
status.
I am not going to go into a great deal of detail for why
the Board did so, but would refer the Board to its
decision in Matter 430, dated February 25 th 2019. And
the argument that NB Power made at that time and was
8
accepted by the Board is that Mr. Amos’ conduct in past
proceedings has been one of confrontational behaviour
where he makes allegations of lawlessness and unethical
behavior on the part of judges, on the part of counsel,
on the part of Members of this Board. So NB Power is
hoping that Mr. Amos will put that behind him and
intervene in this matter in a responsible manner. But
if he does not do so and he reverts to previous conduct,
NB Power will ask the Board to revisit this issue.
CHAIRPERSON: So my understanding, Mr. Furey, is that your
client is not objecting at this point in time, but
depending on the conduct, you may either file a motion
or inform the Board that his -- if the Board grants
intervener status, that it be revoked, is that my
understanding?
MR. FUREY: That’s correct, Mr. Chair.
CHAIRPERSON: Okay. Thank you. Does anyone else have any
comments to make regarding the intervener request that
has been filed by Mr. Amos?
So, Mr. Amos, the Board will grant you intervener status
in this matter. However, I just would like to remind
you that the rules of -- the Board’s Rules of Procedure
are quite clear that an individual that -- or an
9
organization that participates in these types of
proceedings needs to participate responsibly. And also
I was just looking at the decision that we rendered in
Matter 430 on February 25 th 2019 and I am also looking at
paragraph 13. And I am going to remind you that
responsible intervention in these types of proceedings
obligates yourself and anyone who intervenes to raise
issues and to file evidence that is relevant to the
matter in question. And the Board must focus on its
legislative mandate and consider just those issues that
are within our jurisdiction.
So if you raise any issues that are outside the Board’s
jurisdiction, I will probably ask you to focus on those
issues that you raised in your intervener request, which
essentially is I think you have an issue regarding the
proposed rate increase. And if there are any other
issues that you think that is within the application
that has been filed by NB Power that you have a concern
with, I think you need to focus on that.
That being said, Mr. Amos, even though that we are
granting you intervener status doesn’t mean that we
cannot revoke it. And if there is somebody -- or if
there is a party that files an objection to it, well the
10
Board will hear their arguments and also your point of
view and we will have to render a decision.
So I am just wondering if you understand what I am
saying and if there is anything else that you would like
to add, Mr. Amos, I am going to give you that
opportunity right now.
MR. AMOS: Can you hear me?
CHAIRPERSON: Yes, we can.
MR. AMOS: I do not understand what you say but I hope
everything you say has gone into writing or will be. I
have done nothing to offend you.
CHAIRPERSON: Yes. No, Mr. Amos, there is a court
stenographer that is transcribing everything right now
so, yes, it will be --
MR. AMOS: And I have done nothing to offend you.
CHAIRPERSON: So do you understand what I am saying, Mr.
Amos?
MR. AMOS: No, I don’t understand because I have done
nothing to offend you.
CHAIRPERSON: So we are going to proceed, Mr. Amos. And
so the Board will grant you intervener status, but again
the Board is the master of its own procedure and if
somebody files a motion requesting that we revoke your
status, we will be hearing those arguments if it ever happens.
Notice they ignored what went down in the 529 Matter???
---------- Original message ----------
Date: Tue, 26 Jul 2022 15:56:19 +0000
Subject: Automatic reply: Matter 529 - NB Power Rate Design and the
news about the EUB in CBC today
To: David Amos <david.raymond.amos333@gmail.c
During the week of July 25-29, 2022 I will have limted access to
email, and may not respond immediately. If your matter requires
immediate attention, please contact me directly at 506-444-1328.
---------- Original message ----------
From: "Williams, Richard (OAG/CPG)" <Richard.Williams@gnb.ca>
Date: Thu, 21 Jul 2022 16:09:48 +0000
Subject: RE: Matter 529 - NB Power Rate Design / Instance no 559 -
Énergie NB - Établissement des tarifs
To: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>,
"JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>,
"jpetrie@nbpower.com" <jpetrie@nbpower.com>, "NBPRegulatory
(NBPRegulatory@nbpower.com)" <NBPRegulatory@nbpower.com>,
"louis-philippe.gauthier@cfib.
"David.Raymond.Amos333@gmail.c
"Sollows, David (DNRED/MRNDE)" <David.Sollows@gnb.ca>,
"Gilles.volpe@libertyutilities
"dave.lavigne@libertyutilities
<dave.lavigne@libertyutilities
<Len.Hoyt@mcinnescooper.com>, "jeffery.callaghan@mcinnescoop
<jeffery.callaghan@mcinnescoop
<rzarumba@ceadvisors.com>, "gerald@kissnb.com" <gerald@kissnb.com>,
"hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>,
"SWaycott@nbpower.com" <SWaycott@nbpower.com>, "bcrawford@nbpower.com"
<bcrawford@nbpower.com>, "George.Porter@nbpower.com"
<George.Porter@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Dickie,
Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave"
<Dave.Young@nbeub.ca>,
"Ahmad.Faruqui@brattle.com"<Ah
"Cecile.Bourbonnais@brattle.co
"rdk@indecon.com" <rdk@indecon.com>, "rrichard@nb.aibn.com"
<rrichard@nb.aibn.com>,
"sussexsharingclub@nb.aibn.com
"margot.cragg@umnb.ca" <margot.cragg@umnb.ca>,
"jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
"dan.dionne@perth-andover.com"
<dan.dionne@perth-andover.com>
<pierreroy@edmundston.ca>, "ray.robinson@sjenergy.com"
<ray.robinson@sjenergy.com>,
"sstoll@airdberlis.com" <sstoll@airdberlis.com>,
"pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>,
"leducjr@nb.sympatico.ca" <leducjr@nb.sympatico.ca>
Cc: NBEUB/CESPNB <general@nbeub.ca>
Good afternoon,
The Public Intervener will be participating in this matter.
Richard A. Williams, Q.C.
Public Intervener for the Energy Sector / l'intervenant public dans le
secteur énergétique
Office of the Public Intervener / Bureau d'intervenant public
(506) 440-8915
richard.williams@gnb.ca
https://www.cbc.ca/news/canada
Secret participants and 'collusion' worries cause halt in N.B. Power hearing
Utility calls for consultant representing unnamed clients to be expelled
Robert Jones · CBC News · Posted: Jul 26, 2022 6:00 AM AT
From: David Amos <david.raymond.amos333@gmail.com>
Date: Fri, Oct 24, 2025 at 12:46 PM
Subject: Fwd: Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541
To: <carl@changeyourcorner.com>, <m.bourque@unb.ca>, <Randy@sjhdc.ca>, <Shelley@nbcpd.org>
Cc: Rene.Legacy <Rene.Legacy@gnb.ca>, David.Coon <David.Coon@gnb.ca>, kris.austin <kris.austin@gnb.ca>, Robert. Jones <Robert.Jones@cbc.ca>, Susan.Holt <Susan.Holt@gnb.ca>, <carolmontreuil@canadianfuels.ca>, <helenbennett@canadianfuels.ca>, Brandy Gellner <brandy.gellner@libertyutilities.com>, <james.macduff@mcinnescooper.com>, <sherry.duncan@irvingoil.com>, <ithomson@advancedbiofuels.ca>, <rfoxall@advancedbiofuels.ca>, <jstewart@cemassociation.ca>, <andrew.mackay@bgfuels.com>, <jenwright@syntaxstrategic.ca>, <dknight@convenienceindustry.ca>, <mhammoud@convenienceindustry.ca>, <peterc@clarkoil.ca>, <patricklucas@harnoisenergies.com>, <mleroy@parkfuels.com>, <bleroy@parkfuels.com>, <Chris.Scholten@scholtens.ca>, <Jerry.Scholten@scholtens.ca>
From: David Amos <david.raymond.amos333@gmail.
Date: Thu, Oct 2, 2025 at 11:00 PM
Subject: Fwd: Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541
To: Jacques.Poitras <Jacques.Poitras@cbc.ca>, John Furey <JohnFurey@fureylegal.com>, Robert. Jones <Robert.Jones@cbc.ca>, Susan.Holt <Susan.Holt@gnb.ca>, robert.mckee <robert.mckee@gnb.ca>, robert.gauvin <robert.gauvin@gnb.ca>, briangallant10 <briangallant10@gmail.com>, Mitton, Megan (LEG) <megan.mitton@gnb.ca>, michelle.conroy <michelle.conroy@gnb.ca>, rob.moore <rob.moore@parl.gc.ca>, John.Williamson <John.Williamson@parl.gc.ca>, Clark, Lori <lclark@nbpower.com>
Cc: <jdoughart@gmail.com>, Kathleen <Kathleen.Mitchell@nbeub.ca>, Aherrington@lawsoncreamer.com <Aherrington@lawsoncreamer.com
N.B. Power seeking across-the-board rate hike of 4.75 per cent in 2026
Increase would cost average home customer another $130 on power bills next year
N.B.
Power is asking the Energy and Utilities Board for permission to raise
New Brunswick electricity rates by 4.75 per cent next year. (Michael Heenan/CBC)N.B. Power is asking for regulatory approval for a 4.75 per cent rate increase to electricity bills next April, a substantial hike but one that would be lower than three years of even larger increases.
The new rate increase, if approved by the Energy and Utilities Board, will add another $130 to the average residential power bill in 2026-2027, based on figures the utility released Wednesday.
Even with that hike, CEO Lori Clark said the Crown utility's $5.7-billion debt will continue to increase in the coming years as it embarks on a series of costly renovations of its major generating stations.
Clark told reporters the corporation's executives talked about seeking a bigger increase but wanted to respect the commitment it made in 2023, when it unveiled a three-year plan with two annual hikes near 10 per cent followed by a lower increase in 2026.
"We're always balancing a multitude of different things in the utility and the impact of rates on customers and affordability is always something that's front of mind for us," she said.
"We also have to look at ensuring the utility is financially stable now and into the future."
N.B. Power wants to raise rates 4.75 per centOn top of the major increases in the last two years was an additional three per cent charge the utility applied to cover the cost of "variances" — cost overruns that are billed to customers separately to cover unexpected spending in previous years.
That additional three per cent is built into the 2026 application again, and the 4.75 per cent increase is on top of that, officials said Wednesday.
This rate increase was one that we thought was appropriate for New Brunswick given the review that was underway... We do know the status quo is not an option, and we do see rate increases in the future.
— N.B. Power CEO Lori Clark
In March, Premier Susan Holt signalled her displeasure with rate increases that were pinching New Brunswickers even after her government's decision to give customers rebates equal to the provincial sales tax on their bills.
"It needs to change," Holt said in the legislature March 26. "The rates can't keep going like they're going now, and the status quo cannot continue."
CEO
Lori Clark says N.B. Power has to tackle a series of costly renovations
at its major generating stations. (Jonathan Collicott/CBC)Clark did not directly answer a question about whether she felt political pressure to keep a lid on this year's rate increase.
She said the utility based its decision in part on the fact that the utility's future is in question due to a review ordered by Holt that is expected to result in recommendations early next year.
"This rate increase was one that we thought was appropriate for New Brunswick given the review that was underway," Clark said.
"We do know the status quo is not an option, and we do see rate increases in the future. So this review will help us determine whether or not the rate increases are appropriate and other options that there may be for helping New Brunswickers as we move forward."
The tentative plan is to increase rates by 6.5 per cent in April 2027 and by 6.5 per cent again in April 2028.
Average customer paying 30% more than in 2022
The utility had been facing a 2027 target to reduce its debt to 80 per cent of the total value of its assets, which compelled it to seek large increases. But in 2023 the Blaine Higgs government extended that deadline to 2029, and earlier this year the Liberals eliminated it altogether.
How electricity rates have become a symbol of New Brunswick’s affordability problemsClark attributed $1.5 billion of N.B. Power's current $5.7 billion debt to a decade of lower-than-required rate hikes between 2011 and 2022, some the result of government-imposed limits.
In a statement, Energy Minister René Legacy did not comment on the amount of the rate increase, calling the utility's EUB application "a normal process" and a way for customers, industry and others to have a say.
"Government will be following the proceedings as they unfold over the months ahead," he said.
The increases this year and last year, plus an earlier increase in 2023, led to customers paying about 30 per cent more now than they were in 2022.
The average residential customer is paying $645 per year more this year than three years ago, a reality that has fuelled public anger at a time when other basic necessities like food and housing have been hit by inflation.
A Moncton woman collected 45 power bills to investigate higher rates. Here’s what she found.The 4.75 rate increase is across the board, meaning the utility wants the same hike applied to all rate categories, from residential to industrial customers.
Fee proposed for those who refuse smart meters
Earlier this year, J.D. Irving Ltd. announced it was permanently closing down half of its production at Irving Paper in Saint John and eliminating 140 positions because of what it considered high power rates.
N.B. Power also announced Wednesday it was hiring Laurentis Energy Partners, a subsidiary of Ontario Power Generation, to support its running of the frequently troubled Point Lepreau nuclear generation station.
The three-year contract will cost $20 million a year.
The utility will also ask the EUB to approve a $4.65 opt-out fee for customers who refuse to have a smart meter installed at their homes to measure their electricity consumption.
The
power utility in New Brunswick has said it's looking at even higher
rate increases in the years to come, tentatively going up by 6.5 per
cent in April 2027 and by another 6.5 per cent in April 2028. (Katelin Belliveau/CBC)Earlier this year, many New Brunswickers theorized that the meters were responsible for apparent spikes in their bills, which N.B. Power said were the result of rate increases, longer billing periods and colder weather than the previous year.
The utility had estimated that two per cent of customers would opt out of the smart meters, but in fact four per cent have opted out.
The EUB application also seeks a change to the rates charged to customers who install public electric-vehicle chargers, to lower their cost.
It asks as well for a change to its "wind balancing charge" to pass on more of the cost of providing back-up baseload power to wind generation.
ABOUT THE AUTHOR
Provincial Affairs reporter
Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. He grew up in Moncton and covered Parliament in Ottawa for the New Brunswick Telegraph-Journal. He has reported on every New Brunswick election since 1995 and won awards from the Radio Television Digital News Association, the National Newspaper Awards and Amnesty International. He is also the author of five non-fiction books about New Brunswick politics and history.
From: NB Power <noreply-nepasrepondre@
Date: Wed, Oct 1, 2025 at 3:59 PM
Subject: General Rate Application 2026/27
To: DAVID AMOS <DAVID.RAYMOND.AMOS333@gmail.
|
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From: David Amos <david.raymond.amos333@gmail.
Date: Mon, Jun 24, 2024 at 8:59 PM
Subject: Fwd: Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541
To: <jdoughart@gmail.com>, Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca>, Aherrington@lawsoncreamer.com <Aherrington@lawsoncreamer.com
Cc: Clark, Lori <lclark@nbpower.com>
---------- Forwarded message ---------
From: David Amos <david.raymond.amos333@gmail.
Date: Mon, Jun 24, 2024 at 8:29 PM
Subject: Fwd: Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541
To: Susan.Holt <Susan.Holt@gnb.ca>, robert.mckee <robert.mckee@gnb.ca>, hugh.flemming <hugh.flemming@gnb.ca>, <Steve.Outhouse@gnb.ca>, blaine.higgs <blaine.higgs@gnb.ca>, Ross.Wetmore <Ross.Wetmore@gnb.ca>, rob.moore <rob.moore@parl.gc.ca>, John.Williamson <John.Williamson@parl.gc.ca>, jake.stewart <jake.stewart@parl.gc.ca>, andrea.anderson-mason <andrea.anderson-mason@gnb.ca>
Cc: Robert. Jones <Robert.Jones@cbc.ca>, John Furey <JohnFurey@fureylegal.com>, Glenn Zacher (gzacher@stikeman.com) <gzacher@stikeman.com>
---------- Forwarded message ---------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Feb 6, 2024 at 9:58 AM
Subject: Fwd: Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541
To: <Shelley@nbcpd.org>, <Randy@sjhdc.ca>
---------- Forwarded message ---------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Aug 1, 2023 at 12:54 PM
Subject: Fwd: Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541
To: <jean-pierre.ouellet@haut-madawaska.com>, <jpouelle21@gmail.com>
Cc: motomaniac333 <motomaniac333@gmail.com>
From: <daly@nbnet.nb.ca>
Date: Wed, Jul 12, 2023 at 4:03 PM
Subject: RE: Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541
To: John Furey <JohnFurey@fureylegal.com>, Mitchell, Kathleen <Kathleen.Mitchell@nbeub.ca>, <Aherrington@lawsoncreamer.com>, Melissa Curran <Melissa.Curran@nbeub.ca>, Young, Dave <Dave.Young@nbeub.ca>, <Michael.Dickie@nbeub.ca>, 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>, <rburgoyne@coxandpalmer.com>, <louis-philippe.gauthier@cfib.ca>, <frederic.gionet@cfib.ca>, <David.Raymond.Amos333@gmail.com>, <david.sollows@gnb.ca>, <Brandy.Gellner@libertyutilities.com>, <Gilles.volpe@libertyutilities.com>, <dave.lavigne@libertyutilities.com>
Cc: Waycott, Stephen <SWaycott@nbpower.com>, Gordon, Laura <LGordon@nbpower.com>
Mr John Furey: This will acknowledge receipt of the Notice to the Court of Appeal with respect to Matter 541. I will not be applying for status at this proceeding .
Regards: Gerard Daly
---------- Forwarded message ---------
From: David Amos <david.raymond.amos333@gmail.com>
Date: Fri, Jul 7, 2023 at 11:34 AM
Subject: Fwd: Court of Appeal File No. 68-23-CA - Judicial Review of Board Decision in Matter 541
To:
Ross.Wetmore <Ross.Wetmore@gnb.ca>, rob.moore
<rob.moore@parl.gc.ca>, John.Williamson
<John.Williamson@parl.gc.ca>, jake.stewart
<jake.stewart@parl.gc.ca>, andrea.anderson-mason
<andrea.anderson-mason@gnb.ca>, Trevor.Holder
<Trevor.Holder@gnb.ca>, jeff.carr <jeff.carr@gnb.ca>,
<dominic.cardy@gnb.ca>, robert.gauvin
<robert.gauvin@gnb.ca>, robert.mckee <robert.mckee@gnb.ca>,
Arseneau, Kevin (LEG) <kevin.a.arseneau@gnb.ca>, michelle.conroy
<michelle.conroy@gnb.ca>, Mitton, Megan (LEG)
<megan.mitton@gnb.ca>
Cc: Robert. Jones <Robert.Jones@cbc.ca>
From: David Amos <david.raymond.amos333@gmail.com>
Date: Wed, Jul 5, 2023 at 2:51 PM
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>
From: David Amos <david.raymond.amos333@gmail.c
Date: Wed, 5 Jul 2023 14:08:21 -0300
Subject: Fwd: Court of Appeal File No. 68-23-CA - Judicial Review of
Board Decision in Matter 541
To: crystal.critch@gnb.ca
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
---------- Forwarded message ----------
From: John Furey <JohnFurey@fureylegal.com>
Date: Wed, 5 Jul 2023 16:03:36 +0000
Subject: Court of Appeal File No. 68-23-CA - Judicial Review of Board
Decision in Matter 541
To: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>,
"Aherrington@lawsoncreamer.com
Melissa Curran <Melissa.Curran@nbeub.ca>, "Young, Dave"
<Dave.Young@nbeub.ca>, "Michael.Dickie@nbeub.ca"
<Michael.Dickie@nbeub.ca>, Veronique Otis <Veronique.Otis@nbeub.ca>,
"Colwell, Susan" <Susan.Colwell@nbeub.ca>, "Chiasson, Alain (OAG/CPG)"
<Alain.Chiasson2@gnb.ca>, "Hoyt, Len" <len.hoyt@mcinnescooper.com>,
"Glenn Zacher (gzacher@stikeman.com)" <GZacher@stikeman.com>,
"rburgoyne@coxandpalmer.com" <rburgoyne@coxandpalmer.com>,
"louis-philippe.gauthier@cfib.
"frederic.gionet@cfib.ca" <frederic.gionet@cfib.ca>,
"David.Raymond.Amos333@gmail.c
"daly@nbnet.nb.ca" <daly@nbnet.nb.ca>, "david.sollows@gnb.ca"
<david.sollows@gnb.ca>, "Brandy.Gellner@libertyutiliti
<Brandy.Gellner@libertyutiliti
"Gilles.volpe@libertyutilities
<Gilles.volpe@libertyutilities
"dave.lavigne@libertyutilities
<dave.lavigne@libertyutilities
Cc: "Waycott, Stephen" <SWaycott@nbpower.com>, "Gordon, Laura"
<LGordon@nbpower.com>
Dear Ms. Mitchell, Counsel and Registered Parties,
Please find attached the following documentation:
1. Court Stamped copy of a Notice of Application dated July 4, 2023
(issued by the Registrar of the Court of Appeal on July 5, 2023);
2. Court Stamped copy of the Affidavit of Darren Murphy dated July 4, 2023;
3. Copy of correspondence dated July 5, 2023 from the Deputy
Registrar of the Court of Appeal confirming the hearing date of
October 19, 2023 and the dates for filing of further documentation;
and
4. An Acknowledgement of Receipt (in both Word and pdf format).
I am providing this documentation to the Board, Board staff, counsel
for those parties who had retained counsel, and those parties who have
not previously retained counsel. I recognise that counsel for J.D.
Irving Ltd. And Utilities Municipal have changed since the hearing of
this matter, and will reach out to those counsel directly.
May I ask that each registered party execute and return to me the
Acknowledgement of Receipt that has been enclosed. The form has been
adapted to permit execution by counsel, an authorized representative,
or the party themselves where they are individuals who have intervened
without counsel.
NB Power has not automatically added Registered Interveners in Matter
541 as parties to this Application. The practice in these matters is
not to do so, and to require such interested persons to apply to the
Court of Appeal for status as an intervener in this proceeding. NB
Power will not object to any such motion for status which is brought
to the Court.
If you have any questions, please do not hesitate to reach out to me.
Regards,
John
John G. Furey
Barrister & Solicitor
John G. Furey Professional Corporation
265 Berkley Drive
New Maryland, NB
E3C 1B9
Email: JohnFurey@fureylegal.com<mailt
Phone: 506-444-1328
Fax: 506-300-2076
OF NEW BRUNSWICK
DU NOUVEAU-BRUNSWICK
Registrar's Office
Room 201 -Justice Building
P. 0. Box 6000
Fredericton, N.B.
E3B 5H1
July 5, 2023
John G. Furey
JOHN G. FUREY PROFESSIONAL CORPORATION
265 Berkley Drive
New Maiyland, NB E3C 1B9
File no. 68-23-CA
The hearing in this matter is scheduled to be heard on October 19, 2023 at 10:00 a.m..
This is subject to having received all the required documents as per the Rules of Court.
Pursuant to Rule 69. 08(2)(a), the Applicant is required to file and serve the Record and
Submission by August 31, 2023. Pursuant to Rule 69. 08(2)(b) the Respondent's Submission is
due by September 20, 2023.
I have copied this letter to only the named Respondent. Please advise ifthere are other
interested parties who should be notified.
Sincerely,
Crystal Critch
Deputy Registrar
C.C.: Kathleen Mitchell
CC/cta
P.O. BOX 6000, FREDERICTON, NB E3B 5111 ̄ C.P. 6000, FREDERICTON, NB E3B 5H1
Court of Appeal File No.:
IN THE COURT OF APPEAL OF NEW BRUNSWICK
UNDER SECTION 52(1) OF THE ENERGY AND UTILITIES BOARD
ACT, SNB 2006, c. E-9.18, AND RULE 69 OF THE RULES OF COURT,
NB REG 82-73
BETWEEN:
NEW BRUNSWICK POWER
CORPORATION,
APPLICANT,
-and -
NEW BRUNSWICK ENERGY AND
UTILITIES BOARD,
RESPONDENT.
NOTICE OF APPLICATION AVIS DE REQUETE
(FORM 16D) (FORMULE 16D)
TO:
Canadian Federation of
Independent Business
do Louis-Philippe Gauthier
814 Main Street
Moncton, NB E1C 1E6
David Amos
P0 Box 809
Kars,NB E5T2X2
DESTINATAIRE:
,,- AND
JUL 052023
ET D'° ?j
'1
Department of Natural
Resources and Energy
Development
P0 Box 6000
Fredericton, NB
E3B 5H1
Gerard Daley
527 Beaverbrook Court
Suite 160
Fredericton, NB
E3B 1X6
J.D. Irving Limited
do Glenn Zacher
Stikeman Elliot LLP
5300 Commerce Court West
199 Bay Street
Toronto, Ontario
M5L 1B9
Liberty Utilities LP
do Brandy Geilner
440 Wilsey Road, Suite 101
Fredericton, NB
E2B 7G5
New Brunswick Energy and
Utilities Board
do Kathleen Mitchell
P0 Box 6001
15 Market Square, Suite 1400
Saint John, NB
E2L 1E8
3
Public Intervener
do J.M. Alain Chiasson
Department of Justice and
Public Safety
Marysville Place,
P0 Box 6000
Fredericton, NB
E3B 5H1
Twin Rivers Paper Company
Inc.
do Len Hoyt, K.C.
Mclnnes Cooper
570 Queen Street
P0 Box 610, Station A
Fredericton, NB
E3B 5A6
Utilities -Municipal
do Ryan Burgoyne
Cox & Palmer
300-77 Westmorland Street
P0 Box 310
Fredericton, NB
E3B4Y9
4
LEGAL PROCEEDINGS HAVE
BEEN COMMENCED BY
FILING THIS NOTICE OF
APPLICATION.
The Applicant will make an
application for judicial review of a
decision of the New Brunswick
Energy and Utilities Board dated
June 7, 2023, before the Court of
Appeal at the Justice Building,
427 Queen Street, Fredericton,
New Brunswick, on the /7 y
of __________, 2023 at
/Od7Q97 , and in
particular for an order as set out
hereunder.
PAR LE DEPOT DU PRESENT
AVIS DE REQUETE, UNE
POURSUITE JUDICIAIRE A
ETE ENGAGEE
La requerante présentera une
demande de revision judiciaire
d'une decision de Ia Commission
de l'energie et des services
publics du Nouveau-Brunswick
en date 2023, a Ia
Cour d'appel au Palais de justice,
427, rue Queen, Fredericton,
Nouveau Brunswick, le
2023 a en vue
d'obtenir I'ordonnance décrite ci-
dessous.
5
If you wish to oppose this
application you must appear at
the hearing of the application at
the place, date and time stated,
either in person or by a New
Brunswick lawyer acting on your
behalf.
If you intend to appear on the
hearing of the application and
wish to present to the Court at
that time affidavit or other
documentary evidence to
support your position, you must
serve a copy of such evidence on
the Applicant or its lawyer and,
with proof of such service, file it
in this Court Office prior to the
hearing of the application.
Si vous désirez contester cette
req uete, vous devreez
comparaItre àl'audition de Ia
requete aux lieu, date et heure
indiques, soi ten personne ou par
l'intermédiaire d'un avocat du
Nouveau-Brunswick chargé de
vous representer.
Si vous prévoyez comparaItre a
l'audition de Ia requete et désirez
presenter a Ia Cour un affidavit
ou une autre prevue littérale en
votre faveur, vous devrez
signifier copie de ceffe prevue a
Ia req uerante ou a son avocat et
Ia deposer, avec une prevue de
sa signification, au greffe de
ceffe Court avant l'audition de Ia
requête.
If you fail to appear on the
hearing of the application AN
ORDER WHICH MAY AFFECT
YOU MAY BE MADE IN YOUR
ABSENCE.
You are advised that:
(a) you are entitled to issue
documents and present
evidence in the proceeding
in English or French or
both;
(b) the Applicant intends to
proceed in the English
language; and
Si vous ne comparaissez pas a
I'audition de Ia requete, UNE
ORDONNANCE POUVANT
VOUS CONCERNER POURRA
ETRE RENDUE EN VOTRE
ABSENCE.
Sachez que:
(a) vous avez le droit dans Ia
présente instance,
d'émettre des documents et
de presenter votre prevue
en francais, en anglais ou
dans les deux langues;
(b) Ia requerante a l'intention
d'utiliser Ia langue anglaise;
et
7
(c) if you require the services of
an interpreter at the hearing
you must advise the
Registrar at least 7 days
before the hearing.
THIS NOTICE is signed and
sealed for the Court of Appeal by
Caroline Lafontaine, Registrar of
the Court, at Fredericton, NB on
the 5 day of July, 2023.
(c) si vous avez besoin des
services d'un intreprète a
l'audience, vous devez en
adviser le registraire au
moms 7 jours avant
I'audience.
CET AVIS est signe au nom de
Ia Court d'appel par Caroline
Lafontaine, registraire de Ia
Court a Fredericton, N.-B., ce
2023.
1CCLf tame, Registrar
Court of Appeal of New Brunswick
Room 202, Justice Building, 427 Queen Street
P0 Box 6000
Fredericton, NB
E3B 5H1
8
APPLICATION FOR JUDCAL REVIEW
ORDER SOUGHT
On the hearing of this Application for judicial review, the Applicant,
New Brunswick Power Corporation, intends to apply for:
1. An Order that the Decision of the Respondent, the New Brunswick
Energy and Utilities Board, in Matter No. 541, referenced as "IN
THE MATTER OF an application by New Brunswick Power
Corporation pursuant to subsection 103(1) of the Electricity Act S.N.B.
2013, c. 7 for approval of the schedules of the rates for the fiscal year
commencing April 1, 2023", consisting of:
(i) a Partial Decision dated March 16, 2023 (the "Partial
Decision");
(ii) an Order dated March 31, 2023 (the "Order"); and
(iii) a Final Decision of the Respondent dated June 7,
2023 (the "Final Decision")
(collectively referred to as the "Decision"):
(a) be removed into this Honourable Court, quashed, not
remitted to the Board for reconsideration and that this
Honourable Court fix a uniform rate increase of 8.9 per cent
across all customer classes of New Brunswick Power
Corporation for the fiscal year commencing on April 1,
2023, such rate increase to be effective on a date to be
determined by this Honourable Court;
(b) in the alternative, be removed into this Honourable Court,
quashed, not remitted to the Board for reconsideration and
that this Honourable Court fix a uniform rate increase
across all customer classes of New Brunswick Power
Corporation, at a percentage determined by this
Honourable Court to be just and reasonable, for the fiscal
year commencing on April 1, 2023, such rate increase to be
effective on a date to be determined by this Honourable
Court;
(c) in the further alternative, be removed into this Honourable
Court, quashed, remitted to the Board for reconsideration
with or without directions as to the determination of a just
and reasonable uniform rate increase for the fiscal year
commencing on April 1, 2023; and
2. Such further and other relief as this Honourable Court deems just.
CAPACITY AND RESIDENCE OF THE PARTIES:
The Applicant, New Brunswick Power Corporation ("NB Power") is
a body corporate, continued under the Electricity Act SNB 2013, c.
7, as amended (the "Electricity Act'), and having its head office at 515
King Street in the City of Fredericton, Province of New Brunswick.
10
2. The Respondent, the New Brunswick Energy and Utilities Board
(the "NBEUB" or the "Board"), is a statutory board continued
pursuant to Section 3 of the Energy and Utilities Board Act, SNB
2006, c. E-9.18 (the "EUB Act'). The Board's offices are located at
15 Market Square, Suite 1400, in the City of Saint John, Province
of New Brunswick.
GROUNDS TO BE ARGUED:
3. NB Power is an integrated electric utility which owns generation,
transmission and distribution assets within New Brunswick, and
provides electricity and related services to approximately 366,000
customers within New Brunswick. By virtue of sections 72 and 81
of the Electricity Act, NB Power is, with some exceptions, the sole
provider of such services within New Brunswick.
The Rate Setting Requirements of the Electricity Act
4. Pursuant to section 103 of the ElectricityAct, NB Power is required to
apply to the Board for approval of the schedules of rates it proposes to
charge for its services, for each fiscal year.
5. The Board's jurisdiction under subsection 103(6) of the ElectricityAct is
to approve the rates applied for, if it finds them to be just and reasonable,
or to otherwise fix rates that it finds to be just and reasonable. The
Board's discretion in approving or fixing such rates is not unfettered,
Under subsection 103(7) the Board is required, in approving or fixing just
11
and reasonable rates, to base its order or decision on the revenue
requirements of NB Power, "taking into consideration", inter alia, the
following:
(a) the policy of the Government of New Brunswick set out in
section 68 of the ElectricityAct;
(b) the most recent strategic, financial and capital investment
plan filed with the Board under section 101 of the Electricity
Act; and
(c) any directive issued by the Executive Council under section
69 of the ElectricityAct that may be relevant.
6. "Revenue requirements" is defined in the ElectricityActas the annual
amount of revenue required to cover a variety of projected expenses,
and a reasonable return. The definition was altered from that which
existed in the predecessor legislation governing the Board's rate selling
jurisdiction prior to 2013, being the Electricity Act, SNB 2003, c. E-4.6.
In the previous legislation, the definition included "a reasonable return on
equity."
7. The government policy set out in section 68 of the Electricity Act, inter
a/ia, states that:
(a) rates charged by NB Power for sales of electricity within New
Brunswick should provide sufficient revenue to NB Power to
permit it to earn a just and reasonable return, in the context of its
objective to achieve a capital structure of at least 20% equity; and
12
F:'
9
(b) consistent with that policy objective, rates shall be
maintained as low as possible and changes in rates shall
be stable and predictable from year to year.
Section 69 of the ElectricityAct provides that the Executive Council
may at any time issue directives in writing to NB Power.
Section 101 of the ElectricityAct requires that NB Power file, as part of
any application under section 103, a plan covering three consecutive
fiscal years which includes, inter alia, the revenue requirements for NB
Power for each fiscal year, together with the projected annual change in
rates for each fiscal year necessary to meet those revenue
requirements.
Previous Deci&ons of the Board
10. The Board has considered seven applications by NB Power for
approval of rates since the Electricity Act was proclaimed in force on
October 1, 2013, in the following matters:
(a) Matter 272 -2015/16 General Rate Application ("GRA");
(b) Matter 307 -2016/17 GRA;
(c) Matter 336 -2017/18 GRA;
(d) Matter 375 -2018/19 GRA;
(e) Matter 430 -2019/20 GRA;
(f) Matter 458 -2020/2 1 GRA; and
(g) Matter 541 -2023/24 GRA, being the Matter which is the
13
subject of the within Application.
ii. In its Reasons for Decision in Matter 272, dated October 28, 2015,
the Board addressed NB Power's request for approval of a
revenue requirement which included a "return" of $90.6 million in
net income. In assessing the requested return, the Board, inter
a/ia:
(a) stated that its consideration of whether a proposed revenue
requirement is reasonable includes a range of factors,
including those enumerated by subsections 103(7) and
103(8) of the ElectricityAct;
(b) recognized the state of NB Power's capital structure at that
time, being projected as 93% debt and 7% equity for the
2015/16 fiscal year, as a "significant factor";
(c) stated that the capital structure goal must be considered by
the Board in the context of subsection 103(7) of the Electricity
Act;
(d) concluded that it would not at that time apply return on equity
principles to determine a reasonable return; and
(e) on the basis of the foregoing, approved a projected return for
the 2015/16 fiscal year in the form of forecasted net earnings
in the amount of $90.6 million.
14
12. In its Decision in Matter 307, dated July 21, 2016, the Board again
addressed approval of the requested revenue requirement which
included a projected return for the 2016/17 fiscal year in the
amount of $92.4 million in net income. In approving the requested
net income, the Board noted that the objective of building equity
and reducing debt was "understood" as part of NB Power's 10
Year Plan, and as a policy objective under section 68 of the
Electricity Act. The Board stated that the balance between
building equity, reducing debt and maintaining low and stable rates
is determined in each year on the basis of "test year" information,
allowing the Board to set rates based on current financial
information, in the context of longer term goals and objectives.
13. In the Decisions of the Board in each of Matter 336, Matter 375
and Matter 430 the Board approved the net income requested by
NB Power with no additional comments regarding the manner of
determining the return.
14. In the Decision in Matter 430, the Board directed NB Power to file
future rate applications on or before the first Wednesday of
October, for the purpose of allowing sufficient time for Board
processes and implementation of approved rates by the
commencement of NB Power's fiscal year on April 1.
15. In its Decision in Matter 458, the Board again approved NB
Power's requested net income. While concurring in the result,
Board Member Herron issued dissenting reasons which:
15
(a) noted that NB Power had received a mandate letter from the
Government of New Brunswick directing it to achieve its
objective of 20% equity by 2027;
(b) noted that the equity target was a "principal concern" of all
lnterveners;
(c) stated that the direction to achieve the equity target by 2027,
prior to the onset of spending on the Mactaquac Project,
serves as a "call to action" and that the lack of progress in
achieving the equity ratio "must be seen by the Board as its
most significant concern";
(d) found that the then current rate trajectory and projected net
earnings were insufficient; and
(e) found that sustained cost control and a more prudent rate
trajectory were both necessary to achieve the target equity
ratio by 2027.
16. In its Decision in Matter 458 the Board also addressed the issue
of filing updated financial information prior to commencement of
the Board's hearing. The Board determined that it would base its
decision on the reasonableness of the revenue requirement
forecasts at the time of the filing of the application, being the first
Wednesday in October. The Board qualified this conclusion in the
event of "a material or exceptional change", which the Board
16
indicated it would deal with on a case by case basis.
The Hearing in Matter 541
17. NB Power filed its 2023/24 General Rate Application with
supporting evidence on October 5, 2022, in compliance with the
Board's directions. Following completion of the Board's interim
processes, the hearing was conducted over eight days,
commencing on February 13, 2023 and concluding on February
24, 2023. In addition to the evidence led by NB Power, NBEUB
Staff and the Public Intervener led expert evidence. In total, five
parties other than NB Power actively participated in the hearing
process, including the cross-examination of NB Power witness
panels and presentation of final arguments. These participating
parties included Board Staff, the Public Intervener, and the
following parties granted intervener status by the Board: J.D.
Irving, Limited ("JDI"), Twin Rivers Paper Company Ltd. ("Twin
Rivers'), and Utilities Municipal. Other registered interveners
attended but did not actively participate in the hearing process.
18. During the course of the hearing, JDI requested an undertaking
which required NB Power to provide additional evidence
consisting of updated forecasts related to NB Power's Fuel and
Purchased Power ("F&PP") Expense. NB Power objected on the
basis of the Board's decision in Matter 458, and specifically on the
basis that permitting an update of a single factor was contrary to
established regulatory principles that require the Board to consider
17
all relevant factors. The Board ordered that the F&PP Expense
update (the "Update") be provided, without deciding that it would
be the basis upon which the Board would assess the
reasonableness of NB Power's requested revenue requirements.
19. The Update disclosed that NB Power's forecast Total Gross
Margin for the 2023/24 fiscal year was improved by $106.5 million,
$85.1 million of which arose from an improvement in Export Gross
Margin due to the success of NB Power's subsidiary in bidding on
certain export contracts for the 2023 calendar year. These export
contracts produced the referenced improvement in margin
forecast for the 2023/24 fiscal year, but an offsetting loss in the
2022/23 fiscal year of $31.5 million. The improvement in margin
reflected significant increases in the F&PP expense required to
serve the new export contracts, but a larger increase in revenue
associated with those contracts.
20. The Board heard additional evidence with respect to other relevant
changes to NB Power's financial circumstances between the filing
of NB Power's application on October 5, 2022 and the date of the
hearing. The totality of all changes was substantially negative. The
most significant changes were as follows:
(a) Due primarily to unplanned outages at the Point Lepreau
Nuclear Generating Station ("PLNGS") and the Bayside
Generating Station in the late fall of 2022 and early winter of
2023, the Total Gross Margin on sales of electricity by NB
18
Power for the 2022/23 fiscal year was forecast to be $264.4
million lower than prior forecasts;
(b) As a result, NB Power's debt/equity ratio had deteriorated
from 90/10 as of September 30, 2022 to 93/7 as of December
31, 2022;
(C) NB Power's most recent forecast for interest expense for the
2023/24 fiscal year was approximately $30 million higher
than the forecast contained in NB Power's initial application;
(d) NB Power's forecast for the capacity factor of the PLNGS for
the 2022/23 fiscal year had been reduced from 77.6% to
55.2%, compared to a forecast of 88.9% capacity factor for
the 2023/24 fiscal year.
21. The Board received in evidence a mandate letter, dated February
14, 2022, issued to NB Power under section 3 of the
Accountability and Continuous Improvement Act, SNB 2013,
c.27, as amended (the "Mandate Letter"). The Mandate Letter
directs NB Power to make plans to achieve a capital structure of
at least 20% equity by March 31, 2027, and is approved by the
Executive Council under subsection 3(4) of the Accountability
and Continuous Improvement Act.
The Decision in Matter 541
22. On March 16, 2023, the Board issued the Partial Decision, which
19
directed NB Power to update its F&PP Expense, load forecast and
revenue forecast in accordance with the Update provided at the
hearing, adjusted downward for the related negative impact in the
2022/23 fiscal year of $31.5 million.
23. The Partial Decision further directed NB Power to refile its 2023/24
test year budget, cost of service study, proof of revenue and
resulting rates with the following adjustments:
(a) the adjustments resulting from the Update;
(b) the manual downward adjustment to Export Gross Margin of
$31.5 million;
(c) a manual upward adjustment to Finance Costs of $30 million,
in recognition of the impact of higher interest rates and level
of debt; and
(d) a reduction of Amortization and Depreciation Expense in the
amount of $3.3 million.
24. In compliance with the Partial Decision, NB Power filed further
information with the Board on March 24, 2023, March 28, 2023,
and March 29, 2023.
25. On March 31, 2023 the Board issued the Order in which it, inter
a/ia, reduced the requested rate increase of 8.9% to an approved
uniform rate increase of 5.7% across all customer classes.
26. The Partial Decision provided that the Board would issue the Final
Decision at a later date, with reasons, and that in the event of any
differences between the Final Decision and the Partial Decision,
the Final Decision would govern.
27. On June 7, 2023 the Board issued its Final Decision, with reasons.
In the Final Decision the Board determined that a rate increase of
5.7% across all rate classes was just and reasonable. The Board
stated that the increase was lower than NB Power's requested
increase of 8.9% because:
(a) NB Power is forecast to earn more revenue from in-province
and out-of-province energy sales due to unexpected export
sales contracts and lower cost of fuel compared to its
expectations at the time the rate application was filed;
(b) NB Power is forecast to incur higher financing costs
compared to its expectations at the time the rate application
was filed; and
(c) NB Power proposes including depreciation expense related
to an ongoing capital project that the Board stills needs to
approve.
28. The Board further directed that NB Power file an updated F&PP
21
forecast by January 21st of each year as a minimum filing
requirement for future general rate applications.
The Decision is Unreasonable
29. The Board's Decision is unreasonable both in the overall result,
and in the manner in which the Board reached its conclusions.
30. The Board's overall determination of NB Power's rates for the
2023/24 fiscal year is unreasonable, in light of the statutory
scheme for setting rates, principles of statutory interpretation, the
relevant evidence, the submissions of the parties and the Board's
previous decisions, for the following reasons:
(a) The overall determination reduced the rate increase
requested on the basis of the Update, in circumstances in
which the totality of the changes in relevant circumstances
between the filing of NB Power's application and the time of
the hearing was substantially negative;
(b) The Board failed to consider the rate setting provisions of
the Electricity Act, the relevant factors as required by
subsection 103(7), and in particular the policy of the
Government of New Brunswick as expressed in section 68,
and the Mandate Letter, being a direction in writing from the
Executive Council under section 69;
22
(C) The Board misapprehended or failed to consider the
relevant evidence of negative impacts on NB Power's equity
ratio, and unreasonably focused on a less significant
improvement resulting from the improvement in forecast
Total Gross Margin for the 2023/24 fiscal year; and
(d) The Board failed to consider the submissions of the Public
Intervener, both with respect to consideration of the Update,
and with respect to the overall rate increase and the factors
the Board should consider in approving a rate increase.
31. The decision to require updates in future rate applications solely
for F&PP expense is also unreasonable, as it is contrary to expert
evidence that all relevant factors should be updated, failed to
address accepted regulatory and legal principles that if updates
are to be considered, all relevant factors should be updated, and
deviated from the Board's previous decisions in Matter 375 and
Matter 458.
32. The manner in which the Board reached its Decision was also
unreasonable, as its reasoning process failed to meet the standard
of internal rationality. In particular:
(a) The Board adjusted the requested rate increase to reflect the
improvement in forecast Total Gross Margin of $106.5 million
in the 2023/24 fiscal year, as disclosed in the Update, on the
basis that it constituted a material or exceptional
23
circumstance. In setting the rate increase, the Board
misapprehended or failed to consider the materiality or
exceptionality of the deterioration of Total Gross Margin in
the 2022/23 fiscal year in the amount of $246.1 million
(disclosed in the same Update), despite its recognition that
the forecast losses in the 2022/23 fiscal year would be a
heavy burden on future ratepayers. The Board further
misapprehended NB Power's argument that assessment of
materiality must be based on the materiality of impacts on
the revenue requirements as a whole, and not the materiality
of a single factor.
(b) In finding that the $106.5 million improvement in Total Gross
Margin was a material circumstance, the Board relied on the
introduction of regulatory variance accounts and a
corresponding rate rider mechanism, on the basis that the
regulatory accounts were an extraordinary external event
which shifted the consequences of forecast error wholly onto
ratepayers. The Board further justified the decision on the
basis that use of the Update would reduce forecast error, and
that such reduction would minimize the balance of the
variance accounts, which the Board found to be a relevant
factor. By considering and updating for the improvement in
Total Gross Margin in 2023/24, and simultaneously failing to
consider the deterioration of Total Gross Margin in the
2022/23 fiscal year in setting rates for the 2023/24 fiscal year,
the Board's decision results in higher variance account
24
balances, a result which is internally inconsistent with the
Board's stated goal.
(c) Despite stating that it would consider all available updated
evidence, and acknowledging that all experts who provided
evidence to the Board testified that any forecast update
should update all relevant inputs to the revenue
requirements, the Board failed to consider the single largest
relevant input, being the deterioration of Total Gross Mann in
2022/23.
(d) The Board failed to address the central argument presented
by NB Power: that rates must be set by taking into
consideration the policy that NB Power should earn a
reasonable return in the context of NB Power's objective to
earn sufficient income to achieve 20% equity in its capital
structure by March 31, 2027. Despite acknowledging the
deterioration in NB Power's debt/equity ratio and the policy
that rates should allow NB Power to reduce the level of debt
in its capital structure, the Board failed to consider either
factor in seffing rates for the 2023/24 fiscal year. The
decision is silent on the consideration of the policy goal in
setting rates, and does not reference the Mandate Letter.
The Board's failure to address these matters makes it
impossible to understand its reasoning on a critical point.
25
Relief Requested
33. Pursuant to subsection 52(1) of the Energy and Utilities BoardAct,
NB Power seeks judicial review of the Decision and respectfully
requests the following relief from this Honourable Court:
(a) that the Decision be removed into this Honourable Court,
quashed, not remitted to the Board for reconsideration and
that this Honourable Court fix a uniform rate increase of 8.9
per cent across all customer classes of New Brunswick
Power Corporation for the fiscal year commencing on April 1,
2023, such rate increase to be effective on a date to be
determined by this Honourable Court;
(b) in the alternative, that the Decision be removed into this
Honourable Court, quashed, not remitted to the Board for
reconsideration and that this Honourable Court fix a uniform
rate increase across all customer classes of New Brunswick
Power Corporation, at a percentage determined by this
Honourable Court to be just and reasonable, for the fiscal
year commencing on April 1, 2023, such rate increase to be
effective on a date to be determined by this Honourable
Court;
(c) in the further alternative, that the Decision be removed into
this Honourable Court, quashed, remitted to the Board for
reconsideration with or without directions as to the
determination of a just and reasonable uniform rate increase
26
for the fiscal year commencing on April 1, 2023; and
(d) such further and other relief as this Honourable Court deems
just.
STATUTORY PROVISIONS AND EVIDENCE RELIED UPON
34. NB Power will rely upon the following statutory provisions:
(a) Energy and Utilities Board Act, SNB 2006, c. E-9.18,
including sections 3, 23, 40, 43, 46 and 52;
(b) Electricity Act, S.N.B. 2013, c. 7, as amended, including sections
1, 68, 69, 72, 81, 82, 87, 100, 101, 102, 103, 103.1, 117.4, and
127;
(c) Electricity Act, S.N.B. 2003, c. E-4.6, as amended (repealed)
including section 1
(d) An Act to Amend the Electricity Act, SNB 2021 c. 42, including
sections 43, 44 and 45;
(e) Regulatory Variance Accounts and DeferralAccount Regulation -
Electricity Act, NB Regulation 2022-17, including sections 2
through 12
(f) Accountability and Continuous Improvement Act, SNB 2013,
c.27, including sections 2.1 and 3;
(g) General Regulation -Accountability and Continuous
ImprovementAct, NB Regulation 2022-80, including sections
3, 4 and Schedule A;
(h) An Act Respecting a Public Intervenerfor the Energy Sector,
SNB 2013, c.28, including section 6; and
27
(i) Rules of Court, NB Regulation 82-73, including Rules 1, 2, 3,
16, 38, 59, 62, 69, 69.04(1)(b), 69.05(4), 69.08(2), 69.10,
69.12, 69.13(1), 69.13(3) and 69.13(7).
35. NB Power will rely upon the following documentary evidence at the
hearing of this Application:
(a) the Affidavit of Darren Murphy sworn to on July 1, 2023;
and
(b) the Record of the Proceeding before the Board including the
evidence and transcripts from the proceeding, to be filed in
accordance with Rule 69. 08(2)(a)(i).
ILi/r
DATED at Fredericton, New Brunswick this 7 day of July, 2023.
John G. Furey
Solicitor for the Applicant,
Brunswick Power Co
John G. Furey Professional Corporation
265 Berkley Drive
New Maryland, NB
E3C 1B9
Ph: (506)444-1328
Fax: (506) 300-2076
JohnFurey@fureylegal.com
Court of Appeal File No.: 68oLC4
IN THE COURT OF APPEAL OF NEW BRUNSWICK
UNDER SECTION 52(1) OF THE ENERGYAND 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,
1iIs
NEW BRUNSWICK ENERGY AND UTILITIES BOARD,
RESPON DENT.
AFFIDAVIT OF DARREN MURPHY
John G. Furey
Solicitor for the Applicant
John G. Furey Professional Corporation
265 Berkley Drive
New Maryland, NB
E3C 1B9
Ph: (506)444-1328
Fax: (506) 300-2076
JohnFurey@fureyleqal.com
New Brunswick Energy and
Utilities Board
P0 Box 6001
15 Market Square, Suite 1400
Saint John, NB
E2L 1E8
Attention: Kathleen Mitchell, Chief
Clerk
Court of Appeal File No.:
IN THE COURT OF APPEAL OF NEW BRUNSWICK
UNDER SECTION 52(1) OF THE ENERGY AND UTILITIES BOARD
ACT, SNB 2006, c. E-9.18, AND RULE 69 OF THE RULES OF COURT,
NB REG 82-73
BETWEEN:
NEW BRUNSWICK POWER
CORPORATION,
APPLICANT,
-and -
NEW BRUNSWICK ENERGY AND
UTILITIES BOARD,
RESPONDENT.
AFFIDAVIT OF DARREN MURPHY
I, DARREN MURPHY, of the City of Fredericton, in the Province of New
Brunswick, MAKE OATH AND SAY AS FOLLOWS:
1. I am the Chief Financial Officer and Senior Vice-President,
Corporate Services and Major Projects of New Brunswick Power
Corporation ("NB Power"). I have personal knowledge of the facts
herein deposed unless stated to be based upon information and
belief, and I am authorized by NB Power to make this affidavit in
support of its Application seeking judicial review pursuant to
2
section 52 of the Energy and Utilities Board Act, SNB 2006, c. E-
2. Since the effective date of the Electricity Act, SNB 2013, c. 7, as
amended (the "Electricity Act'), NB Power has made seven
applications to the New Brunswick Energy and Utilities Board (the
"Board") for approval of rates to be charged to customers within
New Brunswick.
3. Attached hereto as Exhibit "A" is a true copy of the decision of
the Board in Matter 272, dated October 28, 2015, with respect to
NB Power's application for approval of rates for the fiscal year
commencing April 1,2015.
4. Attached hereto as Exhibit "B" is a true copy of the decision of
the Board in Matter 307, dated July 21, 2016, with respect to NB
Power's application for approval of rates for the fiscal year
commencing April 1,2016.
5. Attached hereto as Exhibit "C" is a true copy of the decision of
the Board in Matter 336, dated June 14, 2017, with respect to NB
Power's application for approval of rates for the fiscal year
commencing April 1, 2017.
6. Attached hereto as Exhibit "D" is a true copy of the decision of
the Board in Matter 375, dated July 20, 2018, with respect to NB
3
Power's application for approval of rates for the fiscal year
commencing April 1,2018.
7. Attached hereto as Exhibit "E" is a true copy of the decision of the
Board in Matter 430, dated July 16, 2019, with respect to NB
Power's application for approval of rates for the fiscal year
commencing April 1,2019.
8. Attached hereto as Exhibit "F" is a true copy of the decision of the
Board in Matter 458, dated October 2, 2020, with respect to NB
Power's application for approval of rates for the fiscal year
commencing April 1, 2020.
9. In compliance with directions of the Board in the Matter 458
decision, NB Power filed its application and supporting evidence
with respect to its application for approval of rates for its 2023/24
fiscal year (Matter 541) on October 5, 2022. Following completion
of the interrogatory and other interim processes as directed by the
Board, a hearing was conducted over eight days between
February 13, 2023 and February 24, 2023. In addition to the
evidence led by NB Power, expert evidence was filed by Board
Staff and the Public Intervener.
10. On March 16, 2023, the Board issued a Partial Decision in Matter
541, a true copy of which is attached hereto as Exhibit "G".
4
11. On March 31, 2023 the Board issued an Order in Matter 541, a true
copy of which is attached hereto as Exhibit "H".
12. On June 7, 2023 the Board issued its Decision in Matter 541, a true
copy of which is attached hereto as Exhibit "I".
Darren Murphy
SWORN TO BEFORE ME at the
City of Fredericton, in the County
Of York and Provinpe of New
Brunswick this 4th day of
July, 2023.
John G. Furey
A Commissioner of Oaths
being a Solicitor
From: David Amos <david.raymond.amos333@gmail.c
Date: Tue, 26 Jul 2022 12:54:13 -0300
Subject: RE: Matter 529 - NB Power Rate Design and the news about the
EUB in CBC today
To: Richard.Williams@gnb.ca, "Mike.Comeau" <Mike.Comeau@gnb.ca>, mcu
<mcu@justice.gc.ca>, "Robert. Jones" <Robert.Jones@cbc.ca>,
"Ross.Wetmore" <Ross.Wetmore@gnb.ca>, "Mitchell, Kathleen"
<Kathleen.Mitchell@nbeub.ca>, "JohnFurey@fureylegal.com"
<JohnFurey@fureylegal.com>, "jpetrie@nbpower.com"
<jpetrie@nbpower.com>, "NBPRegulatory (NBPRegulatory@nbpower.com)"
<NBPRegulatory@nbpower.com>, "louis-philippe.gauthier@cfib.
<louis-philippe.gauthier@cfib.
<David.Sollows@gnb.ca>, "Gilles.volpe@libertyutilities
<Gilles.volpe@libertyutilities
"dave.lavigne@libertyutilities
<dave.lavigne@libertyutilities
<Len.Hoyt@mcinnescooper.com>, "jeffery.callaghan@mcinnescoop
<jeffery.callaghan@mcinnescoop
<rzarumba@ceadvisors.com>, "gerald@kissnb.com" <gerald@kissnb.com>,
"hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>,
"SWaycott@nbpower.com" <SWaycott@nbpower.com>, "bcrawford@nbpower.com"
<bcrawford@nbpower.com>, "George.Porter@nbpower.com"
<George.Porter@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Dickie,
Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave"
<Dave.Young@nbeub.ca>, "Ahmad.Faruqui@brattle.com"
<Ahmad.Faruqui@brattle.com>, "Cecile.Bourbonnais@brattle.co
<Cecile.Bourbonnais@brattle.co
"rrichard@nb.aibn.com" <rrichard@nb.aibn.com>,
"sussexsharingclub@nb.aibn.com
"margot.cragg@umnb.ca" <margot.cragg@umnb.ca>,
"jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
"dan.dionne@perth-andover.com" <dan.dionne@perth-andover.com>
"pierreroy@edmundston.ca" <pierreroy@edmundston.ca>,
"ray.robinson@sjenergy.com" <ray.robinson@sjenergy.com>,
"sstoll@airdberlis.com" <sstoll@airdberlis.com>,
"pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>,
"leducjr@nb.sympatico.ca" <leducjr@nb.sympatico.ca>,
Bill.Marshall@rogers.com, Bill.Marshall653@gmail.com,
fred.bergman@apec-econ.ca, atlantic.director@taxpayer.com,
"Frank.McKenna" <Frank.McKenna@td.com>, david.chaundy@apec-econ.ca
Cc: motomaniac333 <motomaniac333@gmail.com>, "Holland, Mike (LEG)"
<mike.holland@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>,
"Brenda.Lucki" <Brenda.Lucki@rcmp-grc.gc.ca>,
"fin.minfinance-financemin.fin
<fin.minfinance-financemin.fin
<washington.field@ic.fbi.gov>
https://www.cbc.ca/news/canada
Secret participants and 'collusion' worries cause halt in N.B. Power hearing
Utility calls for consultant representing unnamed clients to be expelled
Robert Jones · CBC News · Posted: Jul 26, 2022 6:00 AM AT
N.B. Power lawyer John Furey has asked the Energy and Utilities board
to expel a consultant participating in the company's current
transmission hearing for representing unnamed clients. (Graham
Thompson/CBC)
An accusation that two or more customers of N.B. Power's transmission
system slipped into a hearing on the utility's transmission rates in a
Trojan Horse-style operation has ground proceedings at the New
Brunswick Energy and Utilities Board to a sudden halt.
N.B. Power is asking that a consultant being paid to represent the
unknown parties be expelled by the EUB and his evidence disallowed.
N.B. Power lawyer John Furey said the utility has believed since late
last year that the consultant, William Marshall, had been representing
only himself at the hearing but is now wondering if he is part of a
larger "collusion" among other participants.
N.B. Power's former president presided over successful financial
year before firing
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inaction on herbicide spraying
"It never crossed my mind that Mr. Marshall was here other than as a
member of the public who is interested in the proceedings," Furey said
during the virtual hearing last week. "That he was actually
representing an unnamed third party, I find that — I am shocked by it,
frankly.
"It creates the possibility that there are other interveners in this
proceeding who have also retained Mr. Marshall, and we now have
collusion or corroboration through Mr. Marshall of the position that
another intervener is taking to create the impression for the Board
that there is consensus. It is absolutely unfair."
The hearing, which was postponed earlier in the spring for unrelated
reasons was finally scheduled to conclude last Friday but has now been
adjourned until Aug. 10 to hear arguments on how to deal with N.B.
Power's concerns about cloaked participants.
EUB chair Francois Beaulieu is heading the transmission hearing and
ruled last week proceedings could not continue until N.B. Power's
demand that a consultant be removed is dealt with. (Graham
Thompson/CBC)
Final arguments on transmission rates themselves, which were
originally supposed to be in place back on April 1, have been delayed
until Sept. 9.
N.B. Power's extensive transmission system serves a variety of
businesses and generators that depend upon it to move electricity in
and around the Maritime provinces, Maine, Quebec and deeper into New
England.
The operation of the system, including its fees and expenses, is
regulated by the New Brunswick Energy and Utilites Board.
Multiple parties, including Marshall, are participating in the hearing
and have been challenging N.B. Power plans to raise fees for its
transmission services. One particularly controversial proposal is a
plan to more than quadruple what N.B. Power charges to "balance" the
uneven flow of electricity through its system caused by the up and
down production of area wind farms.
N.B. Power has nearly 7,000 kilometres of high-voltage transmission
lines crisscrossing New Brunswick. The system costs up to $145 million
a year to operate, and fees charged to system users offset a portion
of that. (NB Power/Facebook)
Marshall is a former senior N.B. Power executive and once oversaw the
operation of the transmission system as president of the independent
New Brunswick System Operator, which was absorbed by N.B. Power
several years ago. He has operated a private consulting business for
the last 14 years.
Marshall's consulting company WKM Energy Consultants Inc. registered
to participate in the hearing on its own behalf.
But under questioning last week by acting public intervener Rick
Williams, Marshall confirmed the company is being paid by "more than
one" silent party to represent them.
Under additional questioning by Furey, Marshall acknowledged the
parties did not want their participation to be known.
N.B. Power is responsible for 'balancing' the power produced by wind
turbines in New Brunswick, northern Maine and Prince Edward Island.
The current transmission hearing is considering a proposal to
substantially raise fees on wind producers. (Shane Fowler/CBC News)
"The clients that I am [representing] really did not want to be
identified by themselves that they were here, so I am doing it on
their behalf," Marshall said.
"The concern of my client is that, you know, several of them have
relationships with N.B. Power, and they don't want to tarnish those
relationships."
Marshall said it was explicitly in his original application to
participate in the matter that his company had an interest in
participating because it "works regularly with many parties throughout
the region" who are affected by N.B. Power's transmission policies and
charges.
He offered to disclose the identities of those who hired him in
confidence to the EUB, but Furey took the position the parties who
hired Marshall should be the listed participants even if Marshall is
the one who presents their arguments.
"It is not in the public interest to permit Interveners to represent
the interests of undisclosed or unidentified third-party commercial
interests," Furey wrote in a formal notice of motion calling for
Marshall to be expelled and evidence he has submitted to be struck.
"The only possible purpose of such a form of intervention is secrecy,
which is contrary to the "open court" principle which governs Canadian
courts and tribunals," he concluded.
Saint John Energy is represented at N.B. Power's transmission hearing
by a lawyer hired by it and New Brunswick's other two municipal
utilities. It won't say if it is also secretly being represented by
consultant Willian Marshall. (Saint John Energy)
Under questioning, Marshall listed eight clients of his consulting
company that would be impacted by a change in transmission charges in
New Brunswick and suggested "some" of those eight were the ones he was
representing.
Among the eight are Saint John Energy, which takes electricity off
N.B. Power's transmission system to supply city customers, and Liberty
Utilities, which owns the Tinker hydroelectric dam that links to N.B.
Power's transmission system near the Maine and New Brunswick border.
Marshall did not say if either company is among the ones he is working
for, but both are represented separately at the hearing already, and
Furey said there is a danger a secret participant enjoyed "double
representation" throughout the hearing and potentially benefited from
unfair procedural tricks.
"One possible outcome is that one representative of the third-party
interest would be in a position to cross-examine (and thus ask leading
questions of) an expert retained by the second representative of the
third-party interest," wrote Furey in his formal notice of motion.
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Power money troubles
"Double representation may also result in the stacking of multiple
expert witnesses, creating a false impression for the board that there
is consensus that does not truly exist."
On Monday, Saint John Energy would not comment on whether it is one of
the parties paying Marshall.
"There is currently a motion in with the New Brunswick Energy and
Utilities Board on this issue," company spokesperson Jessica DeLong
wrote in an email..
"We will not be commenting at this time out of respect for the NBEUB's process."
The EUB said if a resolution between N.B. Power and Marshall can be
worked out, Aug. 10 may be used to hear final arguments. Otherwise the
day will be devoted to hearing the utility's application to have
Marshall barred from participating.
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|About CBC News
|Submit a news tip|Corrections and clarifications
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by Service New Brunswick
---------- Original message ----------
From: "Williams, Richard (OAG/CPG)" <Richard.Williams@gnb.ca>
Date: Thu, 21 Jul 2022 16:09:48 +0000
Subject: RE: Matter 529 - NB Power Rate Design / Instance no 559 -
Énergie NB - Établissement des tarifs
To: "Mitchell, Kathleen" <Kathleen.Mitchell@nbeub.ca>,
"JohnFurey@fureylegal.com" <JohnFurey@fureylegal.com>,
"jpetrie@nbpower.com" <jpetrie@nbpower.com>, "NBPRegulatory
(NBPRegulatory@nbpower.com)" <NBPRegulatory@nbpower.com>,
"louis-philippe.gauthier@cfib.
"David.Raymond.Amos333@gmail.c
"Sollows, David (DNRED/MRNDE)" <David.Sollows@gnb.ca>,
"Gilles.volpe@libertyutilities
"dave.lavigne@libertyutilities
<dave.lavigne@libertyutilities
<Len.Hoyt@mcinnescooper.com>, "jeffery.callaghan@mcinnescoop
<jeffery.callaghan@mcinnescoop
<rzarumba@ceadvisors.com>, "gerald@kissnb.com" <gerald@kissnb.com>,
"hanrahan.dion@jdirving.com" <hanrahan.dion@jdirving.com>,
"SWaycott@nbpower.com" <SWaycott@nbpower.com>, "bcrawford@nbpower.com"
<bcrawford@nbpower.com>, "George.Porter@nbpower.com"
<George.Porter@nbpower.com>, NBEUB/CESPNB <General@nbeub.ca>, "Dickie,
Michael" <Michael.Dickie@nbeub.ca>, "Young, Dave"
<Dave.Young@nbeub.ca>,
"Ahmad.Faruqui@brattle.com"<Ah
"Cecile.Bourbonnais@brattle.co
"rdk@indecon.com" <rdk@indecon.com>, "rrichard@nb.aibn.com"
<rrichard@nb.aibn.com>,
"sussexsharingclub@nb.aibn.com
"margot.cragg@umnb.ca" <margot.cragg@umnb.ca>,
"jeff.garrett@sjenergy.com" <jeff.garrett@sjenergy.com>,
"dan.dionne@perth-andover.com"
<dan.dionne@perth-andover.com>
<pierreroy@edmundston.ca>, "ray.robinson@sjenergy.com"
<ray.robinson@sjenergy.com>,
"sstoll@airdberlis.com" <sstoll@airdberlis.com>,
"pzarnett@bdrenergy.com" <pzarnett@bdrenergy.com>,
"leducjr@nb.sympatico.ca" <leducjr@nb.sympatico.ca>
Cc: NBEUB/CESPNB <general@nbeub.ca>
Good afternoon,
The Public Intervener will be participating in this matter.
Richard A. Williams, Q.C.
Public Intervener for the Energy Sector / l'intervenant public dans le
secteur énergétique
Office of the Public Intervener / Bureau d'intervenant public
(506) 440-8915
richard.williams@gnb.ca
https://www.apec-econ.ca/event
Outlook 2011 Agenda - Charlottetown, PEI
November 5, 2010 - Delta Prince Edward
7:45 am Registration, Networking & Continental Breakfast
Breakfast sponsored by Holland College
8:30 am Welcome & Opening Remarks
Ronald Keefe, APEC Chair (President & CEO, BioVectra Inc.)
8:40 am Keynote Address
Bill Marshall, President, WKM ENERGY Consultants Inc.
Currently President of WKM Energy Consultants, Mr. Marshall has over
30 years experience in the electricity industry and was President and
CEO of the New Brunswick Systems Operator until 2008. Mr. Marshall
will explain the potential benefits of greater integration in Atlantic
Canada’s electricity grid and the issues that must be addressed to
achieve these benefits.
9:10 am
Economists’ Panel: Atlantic Canada’s Economic Outlook
David Chaundy, Senior Economist, APEC
Fred Bergman, Senior Policy Analyst, APEC
Patrick Brannon, Research Analyst, APEC
Panel Moderator: Cheryl Paynter, APEC Governor (VP Finance & Director
of Hotel Operations, D.P. Murphy)
10:10 am Networking Break
10:35 am
Industry Panel
Industry panel sponsored by McInnes Cooper
Fred O’Brien, President & CEO, Maritime Electric Company, Ltd.
David Godkin, General Manager, PEI Energy Systems
Ron Clow, Senior Vice President, Cavendish Group
Panel Moderator: Elizabeth Beale, President & CEO, APEC
11:35 am
President’s Address: Atlantic Canada's Common Energy Future
Elizabeth Beale,President & CEO, APEC
David Chaundy - Chief Executive Officer
President & CEO
APEC
David Chaundy
David Chaundy is President and CEO of the Atlantic Provinces Economic
Council (APEC), a role he was appointed to in November 2018. Mr.
Chaundy joined APEC as an economist in 1999, taking on increasingly
senior roles, including responsibilities for APECs research projects,
its member-only publications on Atlantic Canadas economy, and APECs
annual business Outlook conference. Mr. Chaundy has over twenty years
experience researching Atlantic Canadas economy, sharing his insights
and ideas in numerous publications and presentations to business,
government and other stakeholders. As someone who lives and works in
the region, he is keen to ensure a healthy, inclusive and sustainable
Atlantic Canadian economy. And he is passionate about APECs vital role
as the source for independent research, insights and ideas to advance
these outcomes. Mr. Chaundy is a member of the Canadian Statistics
Advisory Council and the National Stakeholder Advisory Panel for the
Labour Market Information Council. He is Vice-President of the
Canadian Association for Business Economics, a Director and
Past-President of the Atlantic Association of Applied Economists and a
Director of the Atlantic Canada Economics Association. He holds a B.A.
in economics from the University of Cambridge and a M.Sc. in economics
from the University of York, England.
Craig Alexander
Chief Economist and Executive Advisor
Deloitte Management Services LP
Craig Alexander
Craig Alexander is the first Chief Economist at Deloitte Canada. Craig
has over 20 years of experience in the private sector as a senior
executive and leading economist in applied economics, forecasting and
public policy. He has previously held positions as Chief Economist at
TD Bank Financial Group and Vice President Economic Analysis at C.D.
Howe Institute. Most recently, Craig served as Senior Vice-President
and Chief Economist at The Conference Board of Canada, producing
macroeconomic forecasts for the Canadian national economy as well as
provinces, territories, cities and industries. Craig is a passionate
public speaker on economic and public policy issues. Craig holds a
graduate degree in Economics from the University of Toronto
David Chaundy
President & CEO
david.chaundy@apec-econ.ca
902 422 6516 Ext. 228
5121 Sackville St. Suite 500
Halifax, Nova Scotia B3J 1K1
Phone: (902) 422-6516
Email: info@apec-econ.ca
Deja Vu Anyone???
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Wed, 19 Sep 2012 00:55:52 -0300
Subject: The CBC talking to ethical "Independent" think tanks??? Yea right
To: fred.bergman@apec-econ.ca, "terry.seguin" <terry.seguin@cbc.ca>,
atlantic.director@taxpayer.com
Cc: david.raymond.amos@gmail.com, occupyfredericton
<occupyfredericton@gmail.com>, "mckeen.randy" <mckeen.randy@gmail.com>
APEC just another tool of Banksters and politicians and their lawyers
and beancounters
http://www.cbc.ca/informationm
http://davidamos.blogspot.ca/2
http://www.apec-econ.ca/about/
http://www.apec-econ.ca/about/
Fred Bergman
Tel: (902) 422-6516 Ext. 235
Email: fred.bergman@apec-econ.ca
http://lancasterhouse.com/bios
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 18 Sep 2012 00:44:58 -0300
Subject: CBC talking about the leaders of Occupy??? Now that is truly funny EH?
To: althia.raj@huffingtonpost.com, "greg.weston" <greg.weston@cbc.ca>,
"david.akin" <david.akin@sunmedia.ca>
Cc: David Amos <david.raymond.amos@gmail.com>
Althia Raj @althiaraj
Ottawa Bureau Chief, The Huffington Post Canada
althia.raj@huffingtonpost.com; 613-762-8305
http://www.huffingtonpost.ca @huffpostcanada
http://www.genuinewitty.com/20
We all know when I introduced myself to Bill Csapo the spokesperson of
Occupy Wall
St crowd camped on your company's turf in the Big Apple EH Franky Boy
McKenna???
Sat, 17 Sep 2011 23:22:00 -0300 to be exact Correct?
http://www.nycga.net/members/d
From: David Amos
Date: Tue, 22 Nov 2011 12:32:30 -0400
Subject: Andre meet Bill Csapo of Occupy Wall St He is a decent fellow
who can be reached at (516) 708-4777 Perhaps you two should talk ASAP
To: wcsapo
Cc: occupyfredericton
On 1/12/12, David Amos wrote:
> Franky Boy McKenna oversees this park in the Big Apple and the
> Attorney General of New Brunswick admitted long ago i had issues with
> McKenna and his bankster associates.
>
> http://www.youtube.com/watch?f
>
> http://occupywallst.org/users/
>
> From: David Amos
> Date: Sat, 17 Sep 2011 23:22:00 -0300
> Subject: i just called from 902 800 0369 (Nova Scotia)
> To: 9.17occupywallstreet@gmail.com
>
> http://qslspolitics.blogspot.c
>
> I am the guy the SEC would not name that is the link to Madoff and
> Putnam Investments
>
> http://banking.senate.gov/publ
>
> Notice the transcript and webcast of the hearing of the US Senate
> banking Commitee is missing? please notice Eliot Spitzer and the Dates
> around November 20th, 2003 in te following file
>
> http://www.checktheevidence.co
>
> From: ”Julian Assange)”
> Date: Sun, 7 Mar 2010 18:15:46 +0000 (GMT)
> Subject: Al Jazeera on Iceland’s plan for a press safe haven
> To: david.raymond.amos@gmail.com
>
> FYI: Al-Jazeera’s take on Iceland’s proposed media safe haven
>
> http://www.youtube.com/watch?v
>
> More info http://immi.is/
>
> Julian Assange
> Editor
> WikiLeaks
> http://wikileaks.org/
>
>
> From: Birgitta Jonsdottir
> Date: Wed, 8 Dec 2010 07:14:02 +0000
> Subject: Re: Bon Soir Birgitta according to my records this is the
> first email I ever sent you
> To: David Amos
>
> dear Dave
> i have got your email and will read through the links as soon as i
> find some time
> keep up the good fight in the meantime
>
> thank you for bearing with me
> i am literary drowning in requests to look into all sorts of matters
> and at the same time working 150% work at the parliament and
> the creation of a political movement and being a responsible parent:)
> plus all the matters in relation to immi
>
> with oceans of joy
> birgitta
>
> Better to be hated for what you are than to be loved for what you are not.
>
> Andre Gide
>
> Birgitta Jonsdottir
> Birkimelur 8, 107 Reykjavik, Iceland, tel: 354 692 8884
> http://this.is/birgitta – http://joyb.blogspot.com -
> http://www.facebook.com/birgit
>
>
>>> >> On Dec 8, 2010, at 1:35 AM, David Amos wrote:
>>> >>
>>> >>> I truly enjoyed talking to you. More to the point I am happy you
>>> >>> took
>>> >>> the time to listen to mean old me. I was impressed with your openess
>>> >>> and honesty. In return I took a bit of time to study you more
>>> >>> closely
>>> >>> on the Internet and I am now even more impressed to view the artist
>>> >>> in
>>> >>> you. To hell with the politics and the money for a minute. At the
>>> >>> risk of sounding odd your sincere soul that I sensed in your voice
>>> >>> came shining through the various webpages. An honest person
>>> >>> practicing
>>> >>> the wicked art of politicking is a rare thing indeed. I must confess
>>> >>> that I grinned at the possibility of crossing paths with another
>>> >>> kindred soul when I saw you employ the expression Me Myself and I
>>> >>> because I often use that expresssion
>>> >>>
>>> >>> I also sent you another email to your politcal email address on June
>>> >>> 24th, 2010 right after you spoke on CBC. (I can resend it if you
>>> >>> wish)
>>> >>> When you folks ignored that and my calls and only sent me nasty
>>> >>> responses I gave up on Iceland and IMMI because I had made everyone
>>> >>> well aware I had no respect for Assange and corrupt parliamentarians
>>> >>> whatsoever. Assange became the big celebrity after releasing the
>>> >>> video
>>> >>> from Iraq but I felt sorry for the kid who went to jail that had
>>> >>> given
>>> >>> him the stuff. Obviously I sent you folks the email below long
>>> >>> before
>>> >>> Assange made the scene in Iceland. Rest assured that I sent him
>>> >>> evidence of my concerns about Iceland or he would not had sent me
>>> >>> his
>>> >>> bragging emails the following March.
>>> >>>
>>> >>> Now that Assange is in jail with no hope of bail like I was a couple
>>> >>> of times after CBC has been yapping about him for weeks I was
>>> >>> feeling
>>> >>> a little vindictive so I opted to tease some of his friends and fans
>>> >>> (such as McCarthy and CBC) by reminding them that I was still alive,
>>> >>> not in jail and kicking like hell. (A host of cops in seven cars
>>> >>> pounced on my son (who was visiting me) and I at 2;30 in the morning
>>> >>> right after the results of the recent election was annnounced
>>> >>> Although
>>> >>> I managed to run them off this time need I say it really pissed me
>>> >>> off
>>> >>> and saddend me to put him on a bus back to Boston)
>>> >>>
>>> >>> I did not send you that email with the pdf files attached from my
>>> >>> new
>>> >>> Yahoo address but you will get it in a bit. Heres hoping you will
>>> >>> enjoy it.
>>> >>>
>>> >>> Best Regards
>>> >>> Dave
>>> >>>
>>> >>> ———- Forwarded message ———-
>>> >>> From: David Amos
>>> >>> Date: Sat, 17 Oct 2009 22:33:10 -0300
>>> >>> Subject: RE: Iceland and Bankers Whereas the politicians ignore me
>>> >>> maybe some fellow bloggers will listen to me eh?
>>> >>> To: jong@althingi.is, kristjanj@althingi.is, olofn@althingi.is,
>>> >>> petur@althingi.is, rea@althingi.is, ragnheidurr@althingi.is,
>>> >>> sdg@althingi.is, sij@althingi.is, siv@althingi.is,
>>> >>> tryggvih@althingi.is, ubk@althingi.is, vigdish@althingi.is,
>>> >>> thkg@althingi.is, thorsaari@althingi.is
>>> >>> Cc: margrett@althingi.is, thorgerdur@thorgerdur.is,
>>> >>> saari@centrum.is,
>>> >>> ha030002@unak.is, svanurmd@hotmail.com, baddiblue@gmail.com,
>>> >>> dominus@islandia.is, birgitta@this.is, einar@smart.is
>>> >>>
>>> >>> ———- Forwarded message ———-
>>> >>> From: David Amos
>>> >>> Date: Sat, 17 Oct 2009 21:23:15 -0300
>>> >>> Subject: Fwd: You mentioned Iceland and Bankers just now and I
>>> >>> smiled
>>> >>> To: johanna@althingi.is
>>> >>> Cc: ”Jacques.Poitras” , Dan Fitzgerald
>>> >>>
>>> >>>
>>> >>> ———- Forwarded message ———-
>>> >>> From: David Amos
>>> >>> Date: Sat, 17 Oct 2009 20:52:42 -0300
>>> >>> Subject: You mentioned Iceland and Bankers just now and I smiled
>>> >>> To: wmreditor@waynemadsenreport.co
>>> >>>
>>> >>>> ———- Forwarded message ———-
>>> >>>> From: David Amos
>>> >>>> Date: Thu, 12 Mar 2009 12:24:42 -0300
>>> >>>> Subject: Fwd: RE: Iceland and Bankers etc I must ask the obvious
>>> >>>> question. Why have you people ignored me for three years?
>>> >>>> To: vasilescua@sec.gov, friedmani@sec.gov, krishnamurthyp@sec.gov,
>>> >>>> horwitzd@dsmo.com, wrobleskin@dsmo.com,
>>> >>>> wolfem@dicksteinshapiro.com,
>>> >>>> Lisa.Baroni@usdoj.gov, ssbny@aol.com, service@ssbla.com,
>>> >>>> rwing@lswlaw.com, rriccio@mdmc-law.com, lmodugno@mdmc-law.com,
>>> >>>> griffinger@gibbonslaw.com, mmulholland@rmfpc.com,
>>> >>>> kmalerba@rmfpc.com,
>>> >>>> tlieverman@srkw-law.com
>>> >>>> Cc: webo , John.Sinclair@nbimc.com,
>>> >>>> Norma.Kennedy@nbimc.com, jan.imeson@nbimc.com, mc.blais@pcnb.org
>>> >>>>
>>> >>>> I wonder if any lawyer will bother to read this email, understand
>>> >>>> it
>>> >>>> and call me back
>>> >>>>
>>> >>>> ———- Forwarded message ———-
>>> >>>> From: postur@fjr.stjr.is
>>> >>>> Date: Tue, 3 Mar 2009 15:06:39 +0000
>>> >>>> Subject: Re: RE: Iceland and Bankers etc I must ask the obvious
>>> >>>> question. Why have you people ignored me for three years?
>>> >>>> To: David Amos
>>> >>>>
>>> >>>> Dear David Amos
>>> >>>>
>>> >>>> Unfortunately there has been a considerable delay in responding to
>>> >>>> incoming letters due to heavy workload and many inquiries to our
>>> office.
>>> >>>>
>>> >>>> We appreciate the issue raised in your letter. We have set up a web
>>> site
>>> >>>> http://www.iceland.org where we have gathered various practical
>>> >>>> information
>>> >>>> regarding the economic crisis in Iceland.
>>> >>>>
>>> >>>> Greetings from the Ministry of Finance.
>>> >>>>
>>> >>>>
>>> >>>> Tilvísun í mál: FJR08100024
>>> >>>>
>>> >>>>
>>> >>>> Frá: David Amos
>>> >>>> Dags: 29.01.2009 19:17:43
>>> >>>> Til: johanna.sigurdardottir@fel.stj
>>> aih@cbc.ca,
>>> >>>> Milliken.P@parl.gc.ca, sjs@althingi.is, emb.ottawa@mfa.is,
>>> >>>> rmellish@pattersonlaw.ca, irisbirgisdottir@yahoo.ca,
>>> >>>> marie@mariemorneau.com, dfranklin@franklinlegal.com,
>>> egilla@althingi.is,
>>> >>>> william.turner@exsultate.ca, klm@althingi.is, mail@fjr.stjr.is,
>>> >>>> Edith.Cody-Rice@cbc.ca, wendy.williams@landsbanki.is,
>>> cdhowe@cdhowe.org,
>>> >>>> desparois.sylviane@fcac.gc.ca, plee@stu.ca, ”oldmaison@yahoo.com”
>>> >>>> , ”t.j.burke@gnb.ca” , Dan
>>> >>>> Fitzgerald , jonina.s.larusdottir@ivr.stjr.
>>> >>>> Afrit: fyrirspurn@fme.is, audur@audur.is, fme@fme.is,
>>> >>>> info@landsbanki.is, sedlabanki@sedlabanki.is, tif@tif.is
>>> >>>> Efni: RE: Iceland and Bankers etc I must ask the obvious question.
>>> >>>> Why
>>> >>>> have you people ignored me for three years?
>>> >>>> ———————————————————
>>> >>>>
>>> >>>> FYI Some folks in Canada are watching your actions or lack thereof
>>> >>>> more closely than others. As you well know I am one.
>>> >>>>
>>> >>>> http://www.topix.com/forum/wor
>>> >>>>
>>> >>>> http://www.scribd.com/doc/4304
>>> >>>>
>>> >>>> http://davidamos.blogspot.com/
>>> >>>>
>>> >>>> You folks should not deny certain responses that I have received
>>> >>>> over
>>> >>>> the course of the last few months from your country CORRECT?
>>> >>>>
>>> >>>> From: David Amos
>>> >>>> Date: Wed, 8 Oct 2008 13:57:55 -0300
>>> >>>> Subject: Re: Regarding your enquiry to the Prime Ministry of
>>> >>>> Iceland
>>> >>>> To: postur@for.stjr.is
>>> >>>>
>>> >>>> Thanx
>>> >>>>
>>> >>>> On 10/8/08, postur@for.stjr.is wrote:
>>> >>>> David Raymond Amos
>>> >>>>
>>> >>>> Your enquiry has been received by the Prime Ministry of Iceland and
>>> >>>> waits
>>> >>>> attendance.
>>> >>>>
>>> >>>> Thank you.
>>> >>>>
>>> >>>> From: Fjármálaeftirlitið – Fyrirspurn
>>> >>>> Date: Sun, 21 Dec 2008 12:23:41 -0000
>>> >>>> Subject: Staðfesting á móttöku
>>> >>>> To: David Amos
>>> >>>>
>>> >>>> Fjármálaeftirlitið hefur móttekið erindi yðar. Erindinu verður
>>> >>>> svarað
>>> >>>> við fyrsta tækifæri. Vakin er athygli á heimasíðu
>>> >>>> Fjármálaeftirlitsins, http://www.fme.is. Þar má finna ýmsar
>>> >>>> upplýsingar ásamt svörum við algengum spurningum:
>>> >>>> http://www.fme.is/?PageID=863.
>>> >>>>
>>> >>>> The Financial Supervisory Authority (FME) of Iceland confirms the
>>> >>>> receipt of your e-mail. Your e-mail will be answered as soon as
>>> >>>> possible. We would like to point out our website,
>>> >>>> http://www.fme.is.
>>> >>>> There you can find information and answeres to frequently asked
>>> >>>> questions: http://www.fme.is/?PageID=864.
>>> >>>>
>>> >>>> Kveðja / Best Regards
>>> >>>>
>>> >>>> Fjármálaeftirlitið / Financial Supervisory Authority, Iceland
>>> >>>>
>>> >>>> Sími / Tel.: (+354) 525 2700
>>> >>>>
>>> >>>> From: David Amos
>>> >>>> Date: Wed, 8 Oct 2008 10:53:47 -0300
>>> >>>> Subject: I just called to remind the Speaker, the Bankers and the
>>> >>>> Icelanders that I still exist EH Mrs Mrechant, Bob Rae and Iggy?
>>> >>>> To: Milliken.P@parl.gc.ca, sjs@althingi.is, emb.ottawa@mfa.is,
>>> >>>> rmellish@pattersonlaw.ca, irisbirgisdottir@yahoo.ca,
>>> >>>> marie@mariemorneau.com, dfranklin@franklinlegal.com,
>>> >>>> egilla@althingi.is, william.turner@exsultate.ca
>>> >>>> Cc: Rae.B@parl.gc.ca, Ignatieff.M@parl.gc.ca,
>>> >>>> lebrem@sen.parl.gc.ca,
>>> >>>> merchp@sen.parl.gc.ca, coolsa@sen.parl.gc.ca, olived@sen.parl.gc.ca
>>> >>>>
>>> >>>> All of you should review the documents and CD that came with this
>>> >>>> letter ASAP EH?
>>> >>>>
>>> >>>> http://www.scribd.com/doc/2718
>>> >>>>
>>> >>>> http://www.scribd.com/doc/4304
>>> >>>>
>>> >>>> http://www.scribd.com/doc/5352
>>> >>>>
>>> >>>> Perhaps Geir Haarde and Steingrimur Sigfusson should call me at 506
>>> 756
>>> >>>> 8687
>>> >>>>
>>> >>>> Veritas Vincit
>>> >>>> David Raymond Amos
https://www.appro.org/conferen
Bill Marshall
P. Eng.
He holds bachelors degrees in Engineering and Education and a Master’s
degree in Power Systems Engineering. He retired as President and CEO
of New Brunswick System Operator (NBSO) in 2008 where he set up the
original organization and positioned it to become the central
transmission organization and Reliability Coordinator of the Maritimes
Area. He currently is President of WKM Energy Consultants Inc through
which he is/has provided assistance to NB Department of Energy,
Brookfield Renewable Power, Sask Power, Atlantic Canada Opportunities
Agency and Ontario Energy Board.
His career includes 8 years teaching at the secondary and college
level and 30 years in industry. This has been in consulting and the
electric utility field mainly as a power system planner, corporate
strategist and policy advocate and includes several appearances as an
expert witness before various regulatory tribunals. He was a member
of the New Brunswick Market Design Committee and has also served on
numerous other provincial, regional, national and international
committees through industry organisations such as NPCC, CIGRE, IEEE,
IRC, CEA and AEWG.
https://studylib.net/doc/12215
Resume
William K Marshall, P.Eng
Born May 16, 1946, Saint John, New Brunswick
Positions
President, WKM Energy Consultants Inc since July 1, 2008
President and CEO, New Brunswick Sy
stem Operator, Oct 2004 – June 2008
Director - Strategic Planning, NB Power Corporation, 1996-2004
Manager - Power Supply Planning, NB Power Corporation, 1991-1996
Senior Engineer – Power Supply Planning, NB Power Corporation, 1983-1991
Address
653 Aberdeen St
Fredericton, NB, E3B 1S6
(506) 454-8230 (Phone)
(506) 470-9171 (Cell)
Bill.Marshall@rogers.com
Bill.Marshall653@gmail.com
Education
BSc (Electrical Engineering) from
University of New Brunswick in 1968
BEd (High School & Post-Secondary) from
Mount Allison University in 1971
MScE (Power Systems) from Univ
ersity of New Brunswick in 1972
Several courses in Accounting and Finance, UNB, 1978-1983
Work Experience
Eight (8) years as a professional educat
or at the high school, community college
and university levels.
Five
(
5
) years as a private engineering consul
tant with work related to energy
policy development, computer systems
,
educational services
and power
systems planning, tariffs and market issues
.
Twenty eight (28) years as a professional
engineer in the electric utility industry
with NB Power Corporation (24 yrs) and
with New Brunswick System Operator (4
yrs) with responsibilities involving:
ƒ
power system analysis, planning and development
ƒ
integrated resource planning and procurement,
ƒ
electricity market rules and operations,
ƒ
environmental strategies and compliance,
ƒ
reliability standards development
, enforcement and compliance,
ƒ
energy policy development,
ƒ
electric industry restructuring and deregulation,
ƒ
corporate business unit restructuring and management,
ƒ
cost of service and industrial interruptible rate design,
ƒ
transmission tariffs and ancillary services rate design,
ƒ
regulatory approvals
of tariffs, rates and policies
,
ƒ
renewable energy procurement
and wind power integration,
ƒ
financial forecasting and budgeting
,
ƒ
end use load control and “smart grid” evolution.
Supprimé :
Four
Supprimé :
4
Supprimé :
power systems,
Supprimé :
and
Supprimé :
.
Related Experience
Memberships and participation in various committees, work groups and task
forces at the company, provincial, regi
onal, national and international levels as
follows:
ƒ
Province of New Brunswick
ƒ
Energy Policy Committee
ƒ
Electricity Market Design Committee
ƒ
East Coast Regional Transmission Organization Development Group
ƒ
Government of Canada
ƒ
Forecast Working Group of Climate Change Task Group
ƒ
Inter Provincial Electricity Trade Working Group
ƒ
Northeast Power Coordinating Council (NPCC)
ƒ
Load and Capacity Task Force
ƒ
Capacity Planning Work Group 5 – Interconnection Reliability
ƒ
Reliability Coordination Committee
ƒ
Maritime Provinces Utility Planning Committee and the Atlantic
Electricity Working Group
ƒ
Canadian Electricity Association (CEA)
ƒ
Operations and Reliability Section
ƒ
Climate Change Steering Committee
ƒ
Fossil Utilities Climate Change Work Group
ƒ
CIDA sponsored Bhutan Project adm
inistered through University of
New Brunswick
ƒ
CIGRE Task Force 38-03-10 on Compos
ite Reliability (Co chairman)
Participation as a witness before heari
ngs of various administrative boards and
government committees including
ƒ
Crown Corporation Committ
ee of the NB Legislature
ƒ
Select Committee on Energy of the NB Legislature
ƒ
Select Committee on Wood Supply of the NB Legislature
ƒ
Board of Commissioners of Public
Utilities of New Brunswick (PUB)
ƒ
Energy and Utilities Board of New Brunswick (EUB)
ƒ
National Energy Board of Canada
ƒ
Régie de l’énergie of Québec
ƒ
Maine Public Utilities Commission
Writing and presentation of various
technical papers, courses and seminars
before various groups including
ƒ
Institute of Electrical
and Electronic Engineers (IEEE)
ƒ
Canadian Electricity Association (CEA)
ƒ
Canadian Nuclear Association (CAN)
ƒ
Canadian Pulp and Paper Institute (CPPI)
ƒ
Atlantic Power Summit
ƒ
Atlantic Energy Conference
ƒ
Québec Electricity Forum
Supprimé :
n expert
ƒ
Ontario Power Symposium
ƒ
Northeast Power Coordinating Council (NPCC)
ƒ
Canadian Association - Members of
Public Utility Tribunals (CAMPUT)
ƒ
Association of Professional Engi
neers of New Brunswick (APENB)
ƒ
Committee internationale de grande reseau electric (CIGRE)
ƒ
Point Lepreau Operator Training Program
ƒ
ClickSoftware Global Utility Summit
ƒ
International T&D Summit
ƒ
St Thomas University Public Fo
rum on NB Power/Hydro-Quebec Deal
ƒ
University of New Brunswick Public
Forum on Future of NB Power
ƒ
Atlantic Renewable Energy Conference
ƒ
Canadian Wind Energy Associatio
n Atlantic Caucus Conference
Experience specifically related to TransEne
rgie’s Transmission Tariff application
While at NB Power:
ƒ
Integrated Resource Planning Studies
for NB Power in 1991, 1995 and 2001 that
included distribution, transmis
sion and end use demand side management
(DSM) resources as well as conv
entional generation supply resources
that
included distribution, transmis
sion and end use demand side management
(DSM) resources as well as conv
entional generation supply resources
ƒ
Economic evaluations of major transmission projects including the NB-HQ
Madawaska HVDC interconnection, the
NB-NE second 345 kV interconnection
and various projects internal to NB
ƒ
Participation on NB policy committees
since 1996 regarding utility and market
restructuring, open non discriminator
y transmission access and reciprocity
requirements of FERC Order 888 that l
ead to NB White Paper Energy Policy
(2001), NB Open Access Transmission Ta
riff (2003), NB Electricity Act (2003)
and NB Market Rules (2004)
ƒ
Interventions regarding HQ TransEnergi
e’s OATT Application to the Régie de
l’énergie of Québec (2001)
ƒ
Lead witness before PUB for approval of NB OATT (2002-2003)
While with New Brunswick System Operator (2004-2008):
ƒ
Administration of the NB Open Access Transmission Tariff (NB OATT)
ƒ
Direction of wind power integration
studies and regional transmission studies
ƒ
Negotiation of Coordination Agr
eements with NSPI and ISO-NE, etc
ƒ
Implementation of NBSO as Reliabili
ty Coordinator of the Maritimes Area
ƒ
Administration, approval and complianc
e of NERC standards and NPCC criteria
ƒ
Proposed modifications to the NB OA
TT regarding FERC Order 890 and Market
Advisory Committee recommendations
ƒ
Development of transmission planning st
andards, consultations and procedures
ƒ
Initiation of “Smart grid” project for
water heater control with UNB and SJEnergy
As an independent consultant (2008-2009):
ƒ
Witness before EUB for amendments to NB OATT
ƒ
Completion of a discussion paper for NB Energy in 2008 outlining a
sustainable
energy development strategy for the
Atlantic region involving transmission
expansion and new hydro, nuclear and large scale wind generation.
ƒ
Extensive stakeholder consultation for NB
Energy regarding the NB Electricity
market and the structure of NB
Power
ƒ
Report to a western Canadian utility r
egarding the transmission and operational
challenges of integrating a large nuclear
station into the western power grid
ƒ
Assist Ontario Energy Board in developm
ent of filing guidelines forTransmission
and Distribution planning
ƒ
Assist the NB government
in the analysis, negotiation
and implementation of the
proposed sale of NB Power to Hydro Quebec
ƒ
Advisory consultant to the Govern
ment of Canada (through Atlantic Canada
Opportunities Agency and Natural Resources Canada) for power systems
studies under the Atlantic Energy Gateway project.
ƒ
Negotiating consultant to assist the Pr
ince Edward Island Energy Corporation
procure long term power supply offers
from different regional suppliers
 | David Amos <david.raymond.amos333@gmail.com> |
| 5555555
YO Higgy Methinks Peter Hyslop can never deny that folks need an
ethical lawyer to act as our Public Intervener N'esy Pas Lori Clark??? |
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