A three-person crew had to enter Lepreau's reactor building last Thursday to fix a heavy water leak. Access to the building is through an airlock door like this one at the Bruce nuclear generating station in Ontario. (Canadian Nuclear Safety Commission)
A leak of heavy water at the Point Lepreau nuclear generating station last week required three plant employees to enter the reactor building to fix the problem manually, according to new information about the incident released by N.B. Power.
In response to a series of questions about the heavy water spill, N.B. Power's Dominique Couture said in a statement "three authorized and qualified staff" were outfitted to enter the reactor containment building where an unknown amount of heavy water was escaping from a tube about half the width of a household garden hose.
"The leak was stopped manually by crimping the tubing, which took a little over 30 minutes," according to Couture.
"All safety precautions were taken and safety protocols were followed."
The Point Lepreau nuclear generating station remains offline a week after a pair of incidents at the plant. A partial loss of power followed by the discovery of a heavy water leak hours later remain under investigation. (Submitted by NB Power)
A pair of events at the nuclear plant last week forced the generator offline indefinitely with no clear explanation yet of exactly what happened.
Official accounts from N.B. Power and the Canadian Nuclear Safety Commission have been light on details, and to date include no mention of a crew needing to enter the reactor building to manually fix a leaking pipe.
Volume of heavy water involved unclear
In the early morning hours of Dec. 14 N.B. Power reported that a "partial loss of power" to the station, which at the time was running at full capacity, initiated a complete shutdown. Several hours later it was discovered heavy water was also leaking from a pipe inside the reactor building.
According to Couture, it is still unclear whether the two events are connected to each other or coincidental.
"The investigation is still ongoing," she wrote.
Also unclear is how much heavy water was involved in the leak which occurred in what N.B. Power called a 3/8ths-inch diameter "instrument line" that is part of the station's "heat transport system."
Heavy water is similar to ordinary water, but is about 10 per cent more dense because of a difference in the makeup of its hydrogen atom. It is not radioactive, but can be contaminated with tritium after prolonged use in an operating nuclear plant. Tritium can be hazardous if ingested or inhaled.
N.B. Power has been relying on the Coleson Cove oil-fired generating station in Saint John to replace some of the power normally generated by Point Lepreau. Utility figures show electricity from oil is almost 20 times more expensive to produce than from nuclear fuel. (Roger Cosman/CBC)
When it is running, the Lepreau heat transport system circulates something under 200,000 litres of heavy water, at high pressure, through an elaborate piping system that allows it to take heat generated in the reactor and transport it to a set of steam boilers in a continuous loop. Normal water in the boilers is turned into steam, which is used to rotate the station's electricity-producing turbines.
Inside the transport system, heavy water reaches temperatures above 250 C and operates under pressures of 1,200 pounds per square inch, about 20 times greater than an average kitchen tap.
Radiation fields in 'normal range'
Couture said the leak was fixed "within hours" of being identified, but says how much heavy water escaped before that happened has not been calculated. Complicating the measurement, she said, was that spilled heavy water has been collected and returned into the heat transport system.
"The specific quantity is not known, but an inventory will be done," she said
Radiation fields inside the reactor building during the repair were "in the normal range," according to Couture, but there were elevated levels of "airborne tritium" from the heavy water spill.
She said the three employees sent to fix the leak were each wearing protective plastic suits with independent air supplies for safety and had radiation survey instrumentation with them.
Charles Firlotte, N.B. Power chairman, blamed a 39-day unscheduled shutdown of Lepreau in January and February 2021 for the utility missing its profit and debt reduction targets that year. The utility estimates a mid-winter outage at the plant costs it up to $8 million a week. (CBC)
"All radiation protection procedures and dose limits for staff were adhered to during this work." she said.
It is at least the second heavy water spill at Lepreau.
In 2011, "between four and six litres" of heavy water were dropped in the reactor building as it was being refilled.
The incident caused problems when an air lock door malfunctioned and could not be opened for two hours, with the crew cleaning the spill still inside.
However, that spill occurred while the reactor was still being refurbished and had not been operational for more than three years.
N.B. Power has not said yet how long it expects the nuclear plant to be offline. It is normally the utility's largest generator of electricity and outside of N.B. Power's fleet of hydro electric dams is the cheapest to operate.
Over the last week much of Lepreau's normal output has been replaced by more expensive power generated at the Coleson Cove oil-fired generating station in Saint John.
According to figures filed with the New Brunswick Energy and Utilities Board in October, it is costing an estimated $121.75 for oil at Coleson Cove to produce one megawatt hour of electricity this year, compared to $6.57 of nuclear fuel at Lepreau.
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.
Methinks everybody knows the EUB, Higgy, Mikey Holland and Chucky Firlotte the latest Chairman the NB Power Board of Directors have a problem N'esy Pas?
Danielle Charron Executive Director Association of Municipal Administrators of New Brunswick 20, Courtney Street Douglas, NB, E3G 8A1 Telephone: 506-453-4229 Fax: 506-444-5452 E-mail: amanb@nb.aibn.com
The Union of Municipalities of New Brunswick executive director Margot Cragg says NB Power is charging municipalities too much for street lights. (CBC)
The Union of Municipalities of New Brunswick says NB Power needs to stop raising the rates it charges for street lights.
In fact, executive director Margot Cragg said the utility not only needs to stop raising rates — it needs to reduce them.
Cragg says the EUB should make NB Power follow the standard it set for rate charges for street lights. (Cindy Grant/CBC)
Cragg made a presentation to the Energy and Utilities Board in early February after the City of Fredericton wrote a letter about the rates for street lights and the union decided to take on the fight for all municipalities.
"For Fredericton, the cost in 2017 was over a million dollars," she said. "For other municipalities in the area, like Oromocto, it was $340,000 and even for a rural community like Hanwell, it was over $41,000 … that's a pretty hefty bill."
Cragg said money spent on street lights can't be spent elsewhere.
Another increase
She added the EUB has set a standard to determine the charges to each rate class.
"So what the EUB has said is that the rate charge for each class should be about equal to the cost of supply of the service, within a range of reasonableness."
But Cragg said NB Power is proposing to increase it to 195 per cent of that cost.
"That's almost double the cost of actually providing the service."
Cragg pointed out the present rate is too high and has been getting worse year over year. She said in 2015-2016 it was 176 per cent of the cost of supplying the service.
In 2017-2018 it was 192 per cent of the cost.
"That cost to revenue ratio has been getting worse year over year," Cragg said, adding that if the proposed rate is accepted, the ratio will be even more punitive.
'Optional' service
At its rate hearing last year, NB Power said it considered street light service optional and not subject to the EUB's fair price guidelines. It also said the higher prices it charges for street lights help it to keep prices it charges other customers, such as homeowners, lower.
At hearings this week, both public intervener Heather Black and EUB lawyer Ellen Desmond pressed NB Power rate design managers to explain why they ignore the board's fair price guidelines in setting charges for both street lights and water heater rentals.
"NB Power doesn't really view street lights as a rate class," said the utility's rate design specialist Kevin Gibson. But he said it would follow whatever direction the EUB gives it on the issue.
Follow the standard
Cragg said it's up to the EUB to make NB Power follow the standard it set.
"What the heck, you've set a standard for what should be charged for each rate class, this is pretty clearly not falling within that, what are you going to do about it?"
Cragg said the group asked the EUB to set the rate at one that provides fair pricing for street-lighting services within all municipalities.
"Any dollar that is spent on excessive pricing for street lighting is money the municipality can't spend fixing the road, can't spend on the water services, can't spend on the services and infrastructure you and I use every single day in our communities," she said.
IN THE MATTER OF an application by New Brunswick Power Corporation for approval of the schedules of the rates for the fiscal year commencing April 1, 2018.
Public Session held at the Delta Hotel, Saint John, New Brunswick, on February 7th 2018 at 6:00 p.m.
BEFORE: Francois Beaulieu - Vice-Chairman Michael Costello - Member Patrick Ervin - Member
NB Energy and Utilities Board - Counsel - Ms. Ellen Desmond, Q.C. - Staff - David Young - John Lawton - Michael Dickie
Henneberry Reporting Service INDEX Ross Galbraith – page 12 David Amos – page 30 Margot Cragg – page 44 Stephen Hartley – page 50 Josee Bourque – page 55 Larry Shaw – page 65 David Beauvais – page 71 Keelen Gagnon – page 79
VICE-CHAIRMAN: Thank you very much. Thank you, Mr. Amos. So our next presenter is Margot Cragg from the Union of Municipalities of New Brunswick? Ms. Cragg? MS. CRAGG: Thank you very much. And I promise to take considerably less than 21 minutes. So -- and again, thank you very much for the opportunity to speak here today. As you mentioned, my name is Margot Cragg and I am here on behalf of the Union of Municipalities of New Brunswick. Now the focus of our presentation is the cost of service and proposed increase for the rate class street lights and unmetered. Specifically, NB Power is requesting a 2 percent average increase in rates effective April 1st 2018, including a 2 percent increase for street lights. At specific issue is the revenue to cost ratio for street lights when compared with the range of reasonableness as defined by the EUB. So as background, the Union of Municipalities of New Brunswick or UMNB represents 61 member municipalities and rural communities throughout New Brunswick. UMNB advocates on behalf of our members with the goal of building strong sustainable and viable municipalities throughout our province. Most New Brunswick municipalities rely on NB Power for street lights. And according to the City of Fredericton's document -- and thanks to my colleague who is on the phone right now -- municipalities provide street lights in a variety of forms. So for lights and davits installed on utility poles owned by NB Power and/or Bell Aliant which are rented on a monthly basis from NB Power at unmetered rates depending on the wattage, if the pole on which the light is mounted is only used for street lights there is a fee for the -- rental fee for the pole as well. Lights and poles also owned by municipalities, such as decorative lights, NB Power provides electricity on either -- on a metered or unmetered basis. And there are other lights operated by NB -- New Brunswick's Department of Transportation and infrastructure along major highways. So in many communities well-lit roads are considered a rather important part of safety for both the drivers and pedestrians. Street lighting is also one of municipalities more expensive bills. For a city like Fredericton, the approximate cost of street lighting in 2017 was over a million dollars. For a town like Sackville, the cost was approximately $157,000 or two and a half cents on a 2017 property tax rate of $1.55 per $100 of assessment paid by residents like you and I. For a small village like Tide Head with a population of less than 1,000 people, street lights cost approximately $40,000 or 4.24 percent of its 2017 operating budget. And even for an incorporated rural municipality like Hanwell, the street lights cost approximately over $41,000. While a small number of municipalities operate their own electrical service, the vast majority of municipalities do not have the option of shopping around for a better deal and must rely on NB Power for their street lights. For this reason the existing cost of service and the proposed increase being discussed at this rate hearing are of significant interest to UMNB's members. In its 2016 decision -- by the way, I seem to be cutting in and out. In the event that you can't hear me please let me know. In its 2016 decision on Matter 271, the EUB stated -- and I will quote -- on a system wide basis the revenues to be obtained through approved rates from all customer classes should be equal to the sum of the cost apportionments for each customer class. To state this another way, the system revenue to cost ratio should equal 1.0 or unity. In theory, a revenue to cost ratio of 1.0 should apply for each class. There may be valid reasons however why rates would produce projected revenues higher than allocated costs for some classes offset by rates for other classes that will produce revenues lower than allocated costs. In a decision of December 21st 2005, the New Brunswick Board of Commissioners of Public Utilities indicated that a long-term range of .95 to -- to 1.05 for the revenue to cost ratio for each class is reasonable. This continues to be the view of the Board. In other words, the EUB has already stated that the rate charged to each rate class should be approximately equal to the cost of supplying the service with a range of reasonableness of .95 to 1.05 or 95 to 105 percent. I note that NB Power acknowledged the range of reasonableness in its document evidence presented as part of the current general rate application. In section 10.1 it states that the goal is to adjust rates such that the revenue to cost ratio for each class is within the range of reasonableness of -- .95 and 1.05 according to the evidence presented by NB Power as part of this -- this Matter. However, the revenue to cost ratio for street lights is significantly outside that range of reasonableness. This is an understatement. According to NB Power's document evidence in table 9.1(a), the recommended 2018/19 CCA asset uniform 2 percent rates, the revenue to cost ratio for street lights and unmetered based on NB Power's proposed rate would be 1.954 or 195 percent. In other words, NB Power is proposing to bill almost double the cost of providing the service. Furthermore, contrary to EUB's direction, the revenue to cost ratio for street lights is getting worse not better. According to documents from past EUB matters, recent revenue to cost ratios were as follows. In 2015 to 2016, 1.76 or 176 percent of costs. In 2017 to 2018, 1.915 or 192 percent of costs. And once again, in the current proposed rates, 1.954 or 195 percent of costs. In short, the recent current and proposed revenue to cost ratios for street lighting are unreasonable by the EUB's own standard. It begs the question why the EUB approved rate increases that made this disparity worse despite its part direction. And based on the numbers presented, it appears municipalities are being egregiously over billed for this service. This has significant financial implications for municipalities and it affects their capacity to provide other services that citizens need and expect. Money spent on excessive costs for street lighting is money that cannot be spent on well-maintained roads or parks or on essential services like waste management and public safety that people rely on. It's also money that ultimately comes from residents in the form of taxes. NB Power's 2018 -- 2017 to 2018 evidence document in section 11.0 stated that differential rate increases were not considered for street lights because their services are optional services for customers and benefit the other customer classes through their contribution to net earnings. That statement suggests that New Brunswick's towns, villages, cities and rural communities are expressly being over charged for street lighting to subsidize other rate classes and to improve NB Power's bottom line. This is unjust and is not consistent with the principle of the range of reasonableness. Furthermore, the definition of optional in this case is not reasonable. We live in a province where daylight hours are limited for a significant part of each year and where the standard work and school day in winter often starts and ends in the dark. To assess whether street lights are genuinely simply optional for municipalities that -- for the municipalities that provide them, please imagine the impact on safety and public opinion if a city decided to save money by turning off the lights on a busy road or consider the impact of street lights on the safety of pedestrians such as children walking home from school or woman walking alone in the dark. In summary, the cost of revenue ratio for streetlighting is significantly and disproportionately outside the range of reasonableness identified by the EUB. The disparity has worsened over time, rather than improving. Contrary to past direction, the disparity imposes a significant financial burden on municipalities and the proposed 2 percent increase for 2018 and 2019 would exacerbate rather than correcting that problem. So our request and recommendation is that the EUB direct NB Power to adjust the rates for streetlights and unmetered from 2018 onward to a level that provide fair pricing for streetlight service within all municipalities. So, thank you. I suspect, as mentioned, that's less than 21 minutes. And are there any questions? VICE-CHAIRMAN: No. Thank you, Ms. Cragg, for your presentation and we will consider your comments. MS. CRAGG: Thank you very much.
I am attaching a presentation that might interest some of you. It discusses the forces that are shaping the future of electric utilities. These forces are going to disrupt the existing utility business model. In order to get ahead of change, utilities will have to make significant changes in how they price electricity.
Comments welcome.
Ahmad
AHMAD FARUQUI, Ph.D. Principal The Brattle Group
201 Mission Street Suite 2800 San Francisco, CA 94105
Direct +1.415.217.1026 Mobile +1.925.408.0149 Main +1.415.217.1000
I wish o remind the EUB et al that I took no part in the creation of any "strawman" report and also have quoted from the transcript of when we last met to discuss this matter on the Public Record
Board staff have only one comment related to the draft report. We believe it is important to that during the discussion of scorecard that it be mentioned that some parties, including Board Staff, did not participate in the scoring exercise.
David Young Senior Advisor New Brunswick Energy and Utilities Board (506)643-7573
October 12th 10 2018.
CHAIRMAN: “I think it really goes back almost to the first 5 question that appeared in our August 23rd letter was 6 whether or not the matter should be commenced anew or if 7 the existing evidentiary record continues.”
MR. AMOS Yes. The record of this matter clearly shows it's been delayed long enough. I -- as you know, I opposed when it was adjourned or whatever in 2017. I believe it should begin right where we left off. We already went through the first round of interrogatories, or however you say the word. Right now the current government has promised to freeze the rates for four years. NB Power has a huge problem. We don't know who has the next mandate. But if the current government maintains that mandate, I am surprised to see that you are the Chair of the Board. I thought that you were gone, but apparently you have been reappointed. Anyway, I think we should begin where we left off. All the documents that are in the records should be added to. There is no need to consult with anyone. The matter is clear. NB Power has to come up with a way to design rates that satisfies the Board, and the government and the people of this province. I think we should start again right now.”
CHAIRMAN: Okay. Just to clarify then. You are suggesting that NB Power really put forward their position on where this should go before we -- we would engage all of the parties with an independent facilitator to talk about the strawman, if you will, that they have put up?
MR. STEWART: Right. And I would think that it would be -- I think a strawman is an appropriate characterization that -- I mean, I -- in that context, you know, whether it is a without prejudice proposal or one subject to further discussion, but in order for the technical conference that they propose to actually really achieve substantive results quickly about defining the scope and what order and what time table, we have to start somewhere. And any discussion is going to start with the utility. So if they want to have a technical conference to decide where their rate design application should go, then it seems to me that they should come forward with some basic proposals of -- you know, the easy and obvious example is both the existing evidentiary record and the rationale for the adjournment, you know, turn on AMI. And so there is not much point in us talking about where we will go with rate design necessarily if that is in immediate play. So there is some very basic unanswered questions that in order for a technical conference to succeed on a reasonable time table, the utility needs to come forward and give us that information to make a proposal as to where they see it going, what their strawman is and then we can all sit down and work froM that.
CHAIRMAN: Thank you, Mr. Stewart. Union of Municipalities 16 of New Brunswick, Ms. Cragg?
MS. CRAGG: Thank you. I will speak specifically to the question of whether the matter should be commenced anew or if the existing evidentiary record suffices. As a new intervener, our evidence and information would not be included in that record. And so it is certainly our opinion that there should be an opportunity for us to present additional information. I will note that it was at the order of the Board in Matter 375 that the issues presented by the Union of Municipalities of New Brunswick at that -- at the rate application be dealt with in this rate hearing. So the ability to present information, to present our evidence to this rate design hearing is quite important for it to be able to be considered in a genuine way. So we would support the folks who have spoken previously and indicated there should be an opportunity for a new hearing rather than continuing purely on the basis of what was already presented.
CHAIRMAN: Maybe I can clarify that for you a little bit. The proposal really was whether or not the existing record would continue with the probability of new or additional evidence from NB Power and then the opportunity for evidence from interveners. And so at this stage, no matter which way we proceed, you would have an opportunity to file evidence in this matter.
MS. CRAGG: I think that -- I think that my statement in support of the previous speakers still stands but I appreciate that clarification.
CHAIRMAN: Okay. Thank you. Utilities Municipal, Mr. Stoll?
MR. STOLL: Good morning, Mr. Chair. There are I guess a few points. We think there is some value in retaining the 1 evidentiary record and then expanding on it. So I guess you would phrase that as a continuation rather than starting anew. In your exchange with Mr. Stewart regarding like a strawman type approach, there may be some benefit in that. From a general perspective, and I think this was evident in the letter we wrote in August, is we see a need for some rescoping more to a kind of a broader approach to really provide some of the benefit we think this hearing should be trying to achieve. I think if you look at some of the evidence that was filed, Mr. Christensen in the Christensen report, that it raises some fundamental issues around rate classification and where NB Power sits regarding the industry at large and some other issues. I think also he raises some other questions about the philosophy behind the approach to rates and rate setting. And we also saw in 375 that rates -- and this was in the Dunsky report -- that rates and rate policies such as net metering impact investment decisions. I think that is one of the concerns my client has is we are in the business of long-term investments, the dynamics are changing and we need a rate structure that is going to be predictable for the longer term and is going to send signals that achieves the objectives we want. So we would like to continue. We don't see this as a three month or a four month exercise in coming to a decision. We see this as there may be some things that we can deal with in the short-term. But we do feel that this -- to do things right that this will be a longer term process. And that it may take a year or in excess of a year to go through each of the various components and come to resolution. And there may be a bit of an iterative approach I think as we started down the path. We went to the Christensen report and there were some issues raised. And so as we take some steps forward, we may learn some things that we hadn't considered before. So I think the parties should be aware of that and they should be expecting that. And with respect to collaboration and facilitation, we are in support of that. We do agree that there would be benefit of an independence in the facilitation. That it is not just one party's facilitator. That it is a neutral facilitator that is helping guide the various parties through the process. I think those are my submissions.
CHAIRMAN: “Thank you, Mr. Stoll. And I have to say that I think your letter that we received in August was very helpful and obviously you had put a lot of time in to thinking that one through.’ ******************
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---------- Original message ---------- From: Don Fitzgerald <dfitz@rsc11.ca> Date: Tue, 29 Jun 2021 06:27:26 +0000 Subject: Automatic reply: YO Higgy Do you and Mikey Holland or Chucky Firlotte the latest Chairman the NB Power Board of Directors have any idea how offensive I found the EUB Decision in the 497 Matter to be??? To: David Amos <david.raymond.amos333@gmail.com>
I will be away from the office until July 5th.
If the matter is urgent please contact Kelly Shaw (kshaw@rsc11.ca).
Otherwise I will respond upon my return.
YO Higgy Do you and Mikey Holland or Chucky Firlotte the latest Chairman the NB Power Board of Directors have any idea how offensive I found the EUB Decision in the 497 Matter to be???
Thank you for your email to the Energy and Utilities Board.
This is to acknowledge receipt of the information you have forwarded to the Board.
***
La Commission de l'énergie et des services publics du Nouveau-Brunswick vous remercie pour votre courriel.
Nous accusons réception de l'information que vous avez fait parvenir à la Commission.
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---------- Original message ---------- From: "Higgs, Premier Blaine (PO/CPM)"<blaine.higgs@gnb.ca> Date: Thu, 17 Jun 2021 18:45:44 +0000 Subject: RE: YO Higgy Do you and Mikey Holland or Chucky Firlotte the latest Chairman the NB Power Board of Directors have any idea how offensive I found the EUB Decision in the 497 Matter to be??? To: David Amos <david.raymond.amos333@gmail.com> Hello,
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---------- Original message ---------- From: Newsroom <newsroom@globeandmail.com> Date: Thu, 17 Jun 2021 18:45:47 +0000 Subject: Automatic reply: YO Higgy Do you and Mikey Holland or Chucky Firlotte the latest Chairman the NB Power Board of Directors have any idea how offensive I found the EUB Decision in the 497 Matter to be??? To: David Amos <david.raymond.amos333@gmail.com>
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From: Margot Cragg <margot.cragg@umnb.ca> Date: Thu, 17 Jun 2021 11:44:40 -0700 Subject: Auto-reply/Réponse automatique Re: YO Higgy Do you and Mikey Holland or Chucky Firlotte the latest Chairman the NB Power Board of Directors have any idea how offensive I found the EUB Decision in the 497 Matter to be??? To: david.raymond.amos333@gmail.com
Thank you for your email. My last day at UMNB was May 11, 2021. It has been a pleasure & privilege working for New Brunswick’s municipalities.
* General questions: Contact info@umnb.ca or 506-444-2285 * Events & Bulletin: Contact Kandise Brown at kandise.brown@umnb.ca * Media inquiries: Contact UMNB President Alex Scholten at alex.scholten@vonm.ca or (506) 292-2879
Merci pour votre courriel. Mon dernier jour de travail à l'UMNB était le 11 mai 2021. Ce fut un plaisir et un privilège de travailler pour les municipalités du Nouveau-Brunswick.
* Questions générales : Contactez info@umnb.ca ou 506-444-2285 * Événements et le bulletin : Contactez Kandise Brown à kandise.brown@umnb.ca * Questions des médias : Contactez le président de l'UMNB, Alex Scholten, à alex.scholten@vonm.ca ou au (506) 292-2879
-- *Margot Cragg* Executive Director | Directrice générale Union of the Municipalities of New Brunswick | Union des municipalités du Nouveau-Brunswick 302-259 rue Brunswick St., Fredericton NB E3B 1G8 | Tel: (506) 444-2285 | Cell: (506) 476-5641 | www.umnb.ca
Perhaps you all should review all the documents that I filed in the 357 Matter and the two orther EUB Matters that I was barred from that Mr Furey and Mr Firlotte find to be oh so irrelevant
Veitas Vincit David Raymond Amos
Board of Directors Members
Charles V. Firlotte, Chairman of the Board of Directors
Charles "Chuck" Firlotte is the principal of Laurent Maxime Consultancy, a management consulting firm dedicated to helping businesses thrive. He has worked with company leaders in Canada, the United States and the Caribbean, guiding them through strategic planning and leadership development. Mr. Firlotte honed his expertise over the course of three-plus decades, including more than 15 years as President and CEO of Aquarion Company, the seventh largest, private water utility in the United States. He previously held positions of director, vice president, senior vice president and chief operating officer in the United States and the United Kingdom for the Kelda Group, a UK-based regulated utility. Born and raised on the north shore of New Brunswick, Mr. Firlotte earned undergraduate and graduate degrees from St. Thomas University in Fredericton and the University of Ottawa, and he is a graduate of the Advanced Management Program at the Harvard School of Business. He serves on the board of Sacred Heart University in Fairfield, Connecticut, and the HAB Group, a property and asset management firm in the Turks and Caicos, British West Indies.
Ms. Athaide is the President and CEO of The Cogent Group Inc, an independent, energy advisory firm. Her experience in the energy industry has spanned the value chain from wells to the wall socket. She has a Bachelor of Commerce degree (Honours), a Masters of Business Administration in Finance, a Bachelor of Science degree in Mechanical Engineering and has been awarded the designation of ICD.D by the Institute of Corporate Directors. Ms. Athaide serves on the Board of Directors of Phoenix Energy Services where she chairs the Nomination & Governance Committee, the Board of Trisummit Utilities where she chairs the Health, Safety and Environment Committee, the Board of CMG Limited, the Board of HSBC Canada and the Board of Sustainable Development Technology Canada.
Anne E. Bertrand, Q.C.
Ms. Bertrand hails from the Acadian Peninsula and was educated in French and English. She studied Biology and Law, and has been practicing law since 1986. In 2010, she was appointed the Province of New Brunswick’s first Access to Information and Privacy Commissioner. In that role for seven years, she oversaw government, municipalities, crown corporations and the private health care sector. In private practice, Ms. Bertrand sat as an adjudicator on various administrative tribunals at both provincial and federal levels, and she appeared before all levels of court including the Supreme Court of Canada.
Ms. Bertrand has held several board positions, among which: President of the Conseil Économique du Nouveau-Brunswick, National Vice President of the Mounted Police Foundation, Chair of the New Brunswick Foundation for the Arts, President of the York Sunbury Law Society; Director of the Greater Fredericton Economic Development Corporation. In business, she managed her husband’s group of environmental engineering and consulting companies. In 2011, she was inducted in the Réseau des femmes d’affaires francophone du Canada for her vision and exceptional leadership in business and in her community. Ms. Bertrand was appointed in 2018 as Ad hoc Information Commissioner as well as Ad hoc Privacy Commissioner for Canada.
Alain Bossé
Mr. Bossé is the President and Chief Operating Officer of Groupe Savoie Inc. located in St-Quentin, NB. Mr. Bossé is in his 35th year with this very dynamic organization involved in the fabrication of value-added products and employing over 600 individuals in sawmills located in St-Quentin, Kedgwick, Moncton, and Westville, Nova Scotia. Throughout his career he served on many associations including: Enterprise Restigouche, Restigouche Community Business Development Corporation, Governor’s Council at Université de Moncton, Board Chair of Efficiency New Brunswick and the Economic Council of NB as Director and as President. He was nominated for the Alumnus of the Year in 2013 from the Faculty of Administration at the University of Moncton, Manager of the Year award in 1990 and Gilbert-Finn Manager Emeritus award in 2009. He is a director of Bégin & Bégin Inc., Institut de Recherche sur les Feuillus Nordiques, New Brunswick Forest, New Brunswick Business Council and Assomption Vie.
Andrew MacGillivray
Mr. MacGillivray is the retired President and CEO of Gay Lea Foods, a large Canadian dairy co-operative. He also serves as the Chair of the Moosehead and Crosby Advisory Boards, Director of the Saint John Airport and Ganong Boards, a member of the Board of the Wallace McCain Institute and is actively engaged in advising and supporting local businesses and community programs. Prior to his 12 years with Gay Lea, Andrew held leadership roles with both private and public companies including Saputo, Agrifoods, Baxter Foods and Nestle. He is a graduate with a BBA from St. Francis Xavier University and an MBA from York University.
Paul McCoy, P. E.
Mr. McCoy provides consulting services through McCoy Energy Consulting LLC. He co-founded Trans-Elect, an independent transmission company in 1999, and was the company’s president. Prior to Trans-Elect, he had spent his career at Commonwealth Edison lastly as Senior Vice President, and President of ComEd’s Transmission Group. Mr. McCoy has held numerous leadership positions in major transmission industry organizations and has significant experience working with state and federal utility regulators in the United States. He is a member of the Wanger Institute of Sustainable Energy Resources (WISER) and the Electrical and Computer Engineering Department's Board of Advisors at the Illinois Institute of Technology (IIT). He is also the Chair of the Board of Directors at De La Salle Institute in Chicago. He has a Bachelor of Science degree in Electrical Engineering from IIT.
Scott Northard, P.E.
Mr. Northard is President of Due North Energy Consulting, LLC, which provides consulting services to energy and other technology-related businesses. Mr. Northard retired in 2018 as Fleet Vice President, Nuclear with Xcel Energy Nuclear Generation Department in Minneapolis, Minnesota. Over the course of his more than 40 years in the utility industry, Mr. Northard held positions including Site Vice President, Vice President – Nuclear Operations, Regulatory Affairs Manager, Nuclear Safety Assurance Manager and various roles in finance, human resources, materials management and project management. Mr. Northard holds a Bachelor of Science degree in Nuclear Engineering from the University of Wisconsin-Madison. He completed the INPO Senior Nuclear Plant Manager course and is a graduate of NMC Nuclear Management Development Program at the University of Minnesota – Carlson School of Management and the Executive Development Program at Northwestern University – Kellogg School of Management. Mr. Northard is a Registered Professional Engineer and a former licensed Senior Reactor Operator.
Mark E. Reddemann
Mr. Reddemann retired as Chief Executive Officer of Nawah Energy Company after delivering the first unit of the Barakah Nuclear Energy Plant, located in Abu Dhabi, UAE. Prior to this role, he was the Chief Executive Officer of Energy Northwest where he was responsible for providing energy services to 27 member utilities, and the reliable generation of electric capacity from nuclear, wind, hydro and solar facilities. He previously served as a vice president with Xcel Energy, Nuclear Management Company, Institute of Nuclear Power Operations and Wisconsin Electric and also served on numerous Corporate Nuclear Safety Review Boards. He holds a bachelor's degree in applied mathematics, engineering and physics from the University of Wisconsin-Madison and is a graduate of the Minnesota Management Institute at the University of Minnesota Curtis L. Carlson School of Management. Mr. Reddemann has served on a number of boards of directors including the Nuclear Energy Institute, Association of Washington Business, Volpentest Hazardous Materials Management and Emergency Response Federal Training Center, and the Tri-City Development Council.
Barbara Trenholm
Ms. Trenholm is a professor emerita at the University of New Brunswick (UNB) and holds an ICD.D with the Institute of Corporate Directors and a FCPA, FCA with CPA New Brunswick. Ms. Trenholm is currently a member of the Plaza Retail REIT board of trustees and the International Development Research Centre board of governors. She is a past board member of AECL and the Canadian Institute of Chartered Accountants (now known as CPA Canada), past-president of the New Brunswick Institute of Chartered Accountants (now known as CPA New Brunswick) and past acting dean of the Faculty of Business Administration at UNB. In addition, she has chaired or served as a member of a number of other international, national, regional as well as local boards and committees.
Nancy Whipp
Mrs. Whipp is a FCPA, CA. She recently obtained her ICD. D. In 2018 she retired as the President and Chief Executive Officer of CPA New Brunswick where she was responsible for the merger of the CA, CGA and CMA accounting bodies. Prior to this appointment, Mrs. Whipp has served as a professional consultant for many companies in New Brunswick and Ontario. In addition, she provided transformational leadership to the Greater Moncton Chamber of Commerce as their CEO. Before moving to New Brunswick in 2009, Mrs. Whipp held various positions in financial management at JTI-McDonald Corp., Unsworth and Associates Luxembourg, KPMG, CN, BCE Inc. and Pirelli Cables Inc. Mrs. Whipp got her CA designation with Ernst & Young in Montreal in 1989. She currently is the Chair of the Board Directors of the Greater Moncton International Airport Authority and of the Fondation du Théâtre l’Escaouette and sits on the Audit Committee of the Federal Privy Council.
Mike Wilson
Mr. Wilson is CEO of the AIL Group of Companies, headquartered in Sackville, NB. The AIL Group is a world leader in delivering infrastructure solutions through manufacturing plants across North America, and licensees in Australia and Europe. Mr. Wilson is active in research and development and has developed several international patents. He is the past Chairman of the New Brunswick Business Council, Past President of the Canadian Manufacturers & Exporters, New Brunswick Chapter and is also a current member of the board of directors for Medavie Blue Cross. In 2013, he was inducted into the New Brunswick Business Hall of Fame, and named “Atlantic Entrepreneur of the Year” in 2005.Mr. Wilson is a graduate of UNB's Civil Engineering program.
Keith Cronkhite, NB Power President and CEO
Keith Cronkhite was appointed NB Power President and Chief Executive Officer on April 1, 2020. A lifelong New Brunswicker, Keith has more than 30 years’ industry experience. He has held positions of increasing responsibility within NB Power operations and corporate, including his most recent role of Senior Vice President, Business Development and Strategic Planning. He is well known within the energy industry, and throughout his career has established strong working relationships with industry, government and business leaders.
Keith’s vision for NB Power includes a nimble, customer-focused NB Power that is well positioned to serve New Brunswickers while responding to a rapidly changing industry. He is committed to ensuring the customer is at the centre of NB Power’s business decisions, and that the utility ensures New Brunswickers have clean, reliable energy at stable prices for generations to come.
Keith has a Bachelor of Business Administration degree from the University of New Brunswick, has completed the Reactor Technology course for Utility Executives at the Massachusetts Institute of Technology. He holds an ICD.D with the Institute of Corporate Directors and is board member on the Energy Council of Canada as well as the Atlantica Centre for Energy. He is also a member of the Canadian Standards Association Technical Committee.
MEDIA CONTACT: Sheila Lagacé, Communications, NB Power, 506-458-2345 or SLagace@nbpower.com.
June 16, 2021
NEW BRUNSWICK ENERGY AND UTILITIES BOARD VARIANCE OF A DECISION IN THE MATTER OF an application by New Brunswick Power Corporation requesting a variance of the decision in Matter 357, in accordance with section 43 of the Energy and Utilities Board Act, S.N.B. 2006, c. E-9.18 and Rules 1.2.5 and 8.1.1 of the Rules of Procedure. (Matter No. 497)
NEW BRUNSWICK ENERGY AND UTILITIES BOARD:
Acting Chairperson: François Beaulieu
Members: Michael Costello Patrick Ervin John Patrick Herron
Board Counsel: Katherine McBrearty
Counsel for Board Staff: Matthew Letson
Chief Clerk: Kathleen Mitchell
APPLICANT:
New Brunswick Power Corporation: John Furey
PARTICIPANTS:
David Amos: Per se
Liz Kramer: Per se
Dr. Roger Richard: Per se
Utilities Municipal: Scott Stoll
PUBLIC INTERVENER: Heather Black
A. Introduction
[1] This decision arises out of an application filed by the New Brunswick Power Corporation (NB Power) on May 5, 2021 (Application) pursuant to section 43 of the Energy and Utilities Board Act, S.N.B. 2006, c. E-9.18 (Act) and Rules 1.2.5 and 8.1.1 of the Board’s Rules of Procedure (Rules of Procedure).
[2] NB Power requests that the Board vary its decision of August 4, 2020 (Matter 357 Decision), by granting an extension of the time required for it to file an application regarding the first phase of the rate design process from June 30, 2021, to a date no later than June 30, 2022.
[3] In the Matter 357 Decision, the Board directed NB Power to commence a new proceeding to include three distinct phases: first, to file an application by June 30, 2021, to address certain issues identified in the decision; second, to provide details of the timing and issues to be resolved, which would identify rate design options and determine the rate structure; and third, to establish and implement a new rate design.
[4] On May 12, the Board ordered that NB Power serve the Application and supporting materials on all parties in Matter 357 and post them on its website. NB Power filed an affidavit, sworn on June 3, confirming that the Application and the Notice of the Application were posted in accordance with the Board’s Order. The Notice of the Application was also published on May 13 in four daily provincial newspapers.
[5] At the hearing on June 8, Mr. Furey confirmed that NB Power complied with Rules 8.2.3 and 8.2.6 of the Rules of Procedure with respect to service and filing.
[6] Written submissions were received from Mr. Scott Stoll, as counsel for Utilities Municipal, and Ms. Heather Black, the Public Intervener.
[7] Written submissions were also received from Mr. David Amos, Ms. Liz Kramer, and Dr. Roger Richard. The Board finds that none of these written submissions addressed the merits of the issue at hand, whether the Board should vary the Matter 357 Decision, as described in the Application.
B. Issues
[8] The key issue in this matter is whether the Board should vary its Matter 357 Decision as described above and, if so, under what conditions.
C. Analysis
[9] The Board held a hearing on June 8 by video conference and heard oral submissions on behalf of NB Power, Dr. Richard, Utilities Municipal, and the Public Intervener. [10] Mr. Furey submitted that there are new facts since the Matter 357 Decision that have resulted in changed circumstances that, in the overall context of these rate design proceedings, make up sufficient grounds to vary the decision. He further submitted that the expected easing of restrictions, referred to by the provincial government as the “Path to Green”, is not the end of business impacts as a result of the pandemic. [11] Mr. Furey stated that the Board should consider the following “four contextual factors” in its decision to extend the time to file an application with respect to rate design: (1) In the Matter 357 Decision, the Board identified that rate design proceedings will move forward in a three-phase approach and that, in NB Power’s submission, the Board correctly characterized this first phase as laying a foundation for future rate design proceedings. (2) The Board has recognized that decisions in this round of rate design proceedings would likely have long-term impacts for all customers, in particular, the commercial and industrial classes. Mr. Furey submitted that NB Power is required to bring forward proposals with respect to customer classification, including an action plan for the elimination of the General Service II class. (3) Proposed changes to rate design impacts on the rates and bills of certain customers, especially in the commercial and industrial classes. (4) The importance assigned by the Board to the ability, through advocates, of under-represented customers, to make submissions, which would contribute to the rate design process.
[12] Dr. Richard submitted that he had no objection to extending the time to file an application to June 30, 2022.
[13] Utilities Municipal supported the Application, subject to two comments. First, Mr. Stoll expressed a concern that there may be a strain on the resources of some regular participants in Board proceedings, given the number of potential hearings within the next 18 months.
Second, he stated that he does not wish to see this proceeding “languish for another year.” Mr. Stoll suggested that NB Power continue with any work using an “[…] incremental approach to the rate design process so that we don’t inadvertently end up circling back or redoing certain things […].”
[14] In its submission, Utilities Municipal stated that it was not able to identify specific work, but rather requested that the Board seek input from NB Power about what would be possible to advance the proceeding during any extension of time.
[15] In its reply of June 4, NB Power responded to Mr. Stoll’s comments, agreeing that efforts should be made to avoid overlapping of proceedings before the Board. It suggested that its proposed deadline of June 30, 2022, would accomplish that objective. It noted that, in the meantime, it could advance work on certain issues and utilize a more up-to-date budget and load data.
[16] In her written submission dated May 27, Ms. Black supported the Application stating that she had no objection to the extension of time requested. Ms. Black stated that she supported the suggestion that NB Power file a plan to overcome what was referred to as the “representation gap” to ensure that, for example, residential customers’ interests are adequately represented.
[17] Section 43 of the Act states: 43 The Board may review, rescind or vary any order made by it.
[18] Rules 1.2.5 and 8.1.1 of the Rules of Procedure state: 1.2.5. The Board may in its discretion extend or abridge the time fixed by these Rules or by the Board, on its own initiative or in response to a request by a party, either before or after the time so fixed has expired.
8.1.1. An application to review, rescind, or vary an order under section 43 of the Act, or to rehear an application under section 44 of the Act shall contain: a) a concise statement of the facts; b) the grounds that the applicant considers sufficient, including: i. any error of law or of jurisdiction, ii. changed circumstances or new facts that have arisen since the close of the original proceeding, or iii. facts that were not placed in evidence in the original proceeding and that were then not discoverable by reasonable diligence; c) any prejudice or damage that has resulted or will result from the order; and d) the relief sought.
[19] Accordingly, the Board has the discretion to vary its Matter 357 Decision by granting an extension of the time required for NB Power to file its rate design application.
[20] In making a determination with respect to a variance, the Board must consider the criteria set out under Rule 8.1.1 of the Rules of Procedure, and owes a duty of fairness to those who are affected by its decisions.
[21] As stated in the Matter 357 Decision, the Board needs to consider how the views of consumer groups will be represented in relation to rate design. The Board’s hearing procedure encourages public participation to provide a meaningful opportunity to present their case fully and fairly.
[22] Due to the continuing impacts of the COVID-19 pandemic, however, the Board recognizes that some people may not have this opportunity, should the proceeding continue as currently scheduled.
D. Conclusion
[23] In light of these circumstances, the Board varies the Matter 357 Decision and grants an extension of time, as requested. NB Power is to file an application to address the issues identified as the first phase in the Matter 357 Decision to a date no later than June 30, 2022, subject to the direction below.
[24] The Board directs NB Power to file a proposal to address any gap in relation to under-represented customers, as referenced in the Matter 357 Decision, by October 31, 2021.
Dated at Saint John, New Brunswick, this 16th day of June, 2021. François Beaulieu Acting Chairperson
Michael Costello Member
Patrick Ervin Member
John Patrick Herron Member
---------- Original message ---------- From: "Higgs, Premier Blaine (PO/CPM)"<Blaine.Higgs@gnb.ca> Date: Fri, 4 Jun 2021 18:59:09 +0000 Subject: RE: Matter 497 - NB Power Application for a variance of a decision / Instance 497 - Demande d'Énergie NB pour une modification d'une décision To: David Amos <david.raymond.amos333@gmail.com>
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Safety Issues For safety issues regarding place of employment/employer please call WorkSafe NB 1-800-999-9775.
Compassionate requests Please call the Canadian Red Cross 1-800-863-6582.
Non-health questions Please call 1-844-462-8387. The email address is helpaide@gnb.ca<mailto:helpaide@gnb.ca>. For questions related to travel restrictions during COVID-19 Please call 1-833-948-2800.
MENTAL HEALTH CHIMO Helpline 1-800-667-5005 Hope for Wellness Helpline 1-855-242-3310
Canadian Border Services Agency CBSA has instituted a COVID-19 hotline regarding border crossing concerns/questions at 1-800-461-9999.
questions de sécurité Pour les questions de sécurité concernant les lieux de travail ou les employeurs, communiquez avec Travail sécuritaire NB au 1-800-999-9775.
DEMANDES POUR RAISONS DE COMPASSION Veuillez téléphoner à la Croix-Rouge canadienne au 1-800-863-6582.
Questions non liées à la santé Veuillez composer le 1-844-462-8387 ou envoyer un courriel à l’adresse helpaide@gnb.ca<mailto:helpaide@gnb.ca>.
Questions liées aux restrictions de voyage pendant la pandémie de COVID-19 : Composez le 1-833-948-2800.
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Agence des services frontaliers du Canada L’Agence a mis en place une ligne d’information sur la COVID-19 pour les questions concernant la traversée de la frontière, le 1-800-461-9999.
LIGNE D’INFORMATION SUR l'assurance-emploi Composez le 1-833-381-2725.
---------- Original message ---------- From: NBEUB/CESPNB <General@nbeub.ca> Date: Fri, 4 Jun 2021 18:58:16 +0000 Subject: RE: Matter 497 - NB Power Application for a variance of a decision / Instance 497 - Demande d'Énergie NB pour une modification d'une décision To: David Amos <david.raymond.amos333@gmail.com>
Thank you for your email to the New Brunswick Energy and Utilities Board.
This is to acknowledge receipt of the document(s) you have filed with the Board.
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Mr Petrie informed me out of the gate that you and your old boss Madame Harrison were no longer employed by NB Power So now I must ask the latest CEO Keith Cronkhite and the new NB Power Board (corrected) have they hired Harrison back to stand in Mr Petrie's stead while you continue to act against my interests and concerns under a private contract???
Veritas Vincit David Raymond Amos
On 6/4/21, Furey, John <john.furey@mcinnescooper.com> wrote: > Dear Ms. Mitchell, > > In accordance with the Board Order dated May 12, 2021, please find attached > the Submissions of NB Power in this matter. > > As required by the Board Order, all parties to Matter 357 are being served. > Ms. Liz Kramer is also being served through the email address utilized by > the Board to distribute instructions for the hearing. > > Regards, > > John > > [McInnes Cooper] > John Furey > Counsel > McInnes Cooper > > tel +1 (506) 458 1628 | fax +1 (506) 458 9903 | mobile +1 (506) 282 0380 > > Barker House, Suite 600 > 570 Queen Street > PO Box 610 Fredericton, NB, E3B 5A6 > > asst Nanette Phillips | +1 (506) 458 1629 >
---------- Original message ---------- From: "Higgs, Premier Blaine (PO/CPM)"<Blaine.Higgs@gnb.ca> Date: Fri, 30 Apr 2021 19:20:33 +0000 Subject: RE: Filing of Motion from NB Power in relation to the Board's Decision of August 4, 2020 Methinks Mr Petrie should have done his homework N'esy Pas Higgy? To: David Amos <david.raymond.amos333@gmail.com>
Hello,
Thank you for taking the time to write.
Due to the volume of incoming messages, this is an automated response to let you know that your email has been received and will be reviewed at the earliest opportunity.
If your inquiry more appropriately falls within the mandate of a Ministry or other area of government, staff will refer your email for review and consideration.
Merci d'avoir pris le temps de nous écrire.
En raison du volume des messages reçus, cette réponse automatique vous informe que votre courriel a été reçu et sera examiné dans les meilleurs délais.
Si votre demande relève plutôt du mandat d'un ministère ou d'un autre secteur du gouvernement, le personnel vous renverra votre courriel pour examen et considération.
Safety Issues For safety issues regarding place of employment/employer please call WorkSafe NB 1-800-999-9775.
Compassionate requests Please call the Canadian Red Cross 1-800-863-6582.
Non-health questions Please call 1-844-462-8387. The email address is helpaide@gnb.ca<mailto:helpaide@gnb.ca>. For questions related to travel restrictions during COVID-19 Please call 1-833-948-2800.
MENTAL HEALTH CHIMO Helpline 1-800-667-5005 Hope for Wellness Helpline 1-855-242-3310
Canadian Border Services Agency CBSA has instituted a COVID-19 hotline regarding border crossing concerns/questions at 1-800-461-9999.
questions de sécurité Pour les questions de sécurité concernant les lieux de travail ou les employeurs, communiquez avec Travail sécuritaire NB au 1-800-999-9775.
DEMANDES POUR RAISONS DE COMPASSION Veuillez téléphoner à la Croix-Rouge canadienne au 1-800-863-6582.
Questions non liées à la santé Veuillez composer le 1-844-462-8387 ou envoyer un courriel à l’adresse helpaide@gnb.ca<mailto:helpaide@gnb.ca>.
Questions liées aux restrictions de voyage pendant la pandémie de COVID-19 : Composez le 1-833-948-2800.
SANTÉ MENTALE Ligne d'aide CHIMO : 1-800-667-5005 Ligne d’écoute d’espoir : 1-855-242-3310
Agence des services frontaliers du Canada L’Agence a mis en place une ligne d’information sur la COVID-19 pour les questions concernant la traversée de la frontière, le 1-800-461-9999.
LIGNE D’INFORMATION SUR l'assurance-emploi Composez le 1-833-381-2725.
---------- Original message ---------- From: "Russell, David (DTI/MTI)"<David.Russell@gnb.ca> Date: Fri, 30 Apr 2021 19:20:34 +0000 Subject: Automatic reply: Filing of Motion from NB Power in relation to the Board's Decision of August 4, 2020 Methinks Mr Petrie should have done his homework N'esy Pas Higgy? To: David Amos <david.raymond.amos333@gmail.com>
I will be out of the office until Monday, May 3rd, 2021. I will reply to your message at that time.
Methinks he doesn't love me N'esy Pas?