Court of Appeal judges hear Duke Point appeal arguments

On Friday, June 3, lawyers representing the GSX Concerned Citizens Coalition (GSXCCC et al) and the Joint Industry Electricity Steering Committee (JIESC) argued their applications before Hall, Rowles and Lavigne of the BC Court of Appeal (deep breath) to have them vary Judge Thackray's earlier dismissal of GSXCCC, et al's and JIESC's applications for leave to appeal the BCUC Duke Point Power decision.

In attendance were four lawyers for the BC Hydro and the Duke Point Power Partnership (DPPP) and three for the appellants.

BC Hydro (Chris Sanderson) focused on rebutting the JIESC (Brian Wallace) arguments, leaving Duke Point Power (George Mackintosh and Loyola Keough) to address the GSXCCC (Bill Andrews) "bias" argument.

Perhaps a dozen observers attended the hearing.

Key issues and evidence in the GSXCCC and JIESC arguments:

- the amount of information released in the Duke Point review was unduly restricted

- BCUC panel chair Hobbs inappropriatelyt included an order for Hydro to make a long-term firm supply contract with Island Cogeneration Project as a condition of approving the Duke Point deal

- the infamous "un-redacted" (or "redacted, lite") Volume 8 transcript, wherein Hobbs chats with BC Hydro witnesses on how to engineer a different winner than that arrived at by the Call For Tenders process

- the Commission appears to have decided the outcome of the review in advance of hearing all the evidence - as evidenced in that transcript

- the substance of the same in camera session was to have a conversation with BC Hydro to engineer an outcome, rather than simply to hear commercially sensitive information

The judges seemed well versed in the case and did not interrupt to get facts of the review explained.

At the end of the afternoon, the judges reserved decision. Parties will likely be notified a day or two ahead when the judges are ready to release their decision. The decision may be released, with reasons to follow.

from notes by Tom Hackney
thackney@island.net
(250) 381-4463