Daily Summary
CEC Review Hearings – Wuskwatim Projects
Primary Agenda Items:
Community Association of South Indian Lake – Motion
Manitoba Hydro/NCN – Response to Motion
Registered Participants – Response to Motion
Displaced Residents of South Indian Lake – Cross-examination of Hydro/NCN on JNFAAT
Manitoba Hydro/NCN – re-examination
Date: March 15, 2004
Hearing Day: Seven
Location: Radisson Hotel (Winnipeg)
Summary of Speakers & Presentations:
1. Len Dysart, Community Association of South Indian Lake (CASIL), representative, motion.
2. Byron Williams, Consumers Association of Canada/Manitoba Society of Seniors (CAC/MSOS), legal counsel, responding to motion.
3. Dennis Troniak, Displaced Residents of South Indian Lake (DRSIL), legal counsel, responded to motion and cross-examination of Hydro/NCN on JNFAAT.
4. Stuart Pierce, Manitoba Conservation, responding to motion.
5. Valarie Mathews Lemieux, NCN, legal counsel, responded to motion and re-examination of proponents.
6. Gerard Lecuyer, Chair of Clean Environment Commission (CEC), asking questions of proponent’s legal counsel, proponents, registered participants and overseeing procedural matters with respect to the hearing.
7. Terry Sargeant, CEC panel member, asking questions of proponent’s legal counsel, the proponents and the registered participants.
8. Doug Bedford, Hydro/NCN, legal counsel, responded to the motion and re-examination of the proponents.
9. Doug Abra, CEC, legal counsel, asking questions of proponents and their legal counsel.
10. Elvis Thomas, NCN Councillor/Negotiator, NCN and Hydro, responding to cross-examination questions.
11. Bob Mayer, CEC, panel member, asked questions of the proponents and registered participants.
12. Ed Wojczynski, Division Manager of Power Planning and Development, Manitoba Hydro, responding to cross-examination questions from registered participants and re-examination from legal counsel to Hydro/NCN.
13. Lloyd Kuczek, Manitoba Hydro Division Manager, responding to cross-examination questions from registered participants and re-examination from legal counsel to Hydro/NCN.
14. Ken Adams, Vice President of Power Supply, Manitoba Hydro, responded to cross-examination questions from registered participants and re-examination from legal counsel to Hydro/NCN.
15. Harvey Nepinak, CEC, panel member, asked questions of Dennis Troniak.
16. Campbell MacInnes, NCN, engineering consultant, responded to cross-examination questions from registered participants.
17. David Cormie, Manitoba Hydro, Division Manager Power Sales and Operations, responded to cross-examination questions from registered participants.
18. Carolyn Wray, Manitoba Hydro, Division Manager Treasury and Business Analysis, responded to cross-examination questions from registered participants.
19. Dr. Kathy Avery Kinew, CEC, panel member, asked questions of proponents.
19. Greg McIvor, Trapline 18, representative, lead cross-examination of Hydro/NCN on JNFAAT.
20. Ron Mazur, Hydro/NCN, responded to cross-examination questions from registered participants.
Motions filed/Rulings and other procedural matters:
· CASIL filed a motion to have the hearings suspended or delayed until Hydro and NCN provide to the CEC, within a time specific period, full and sufficient information from Hydro and NCN regarding the nature and amount, if any, of compensation that will be paid for impacts to NCN as a result of the Wuskwatim Projects.
*South Indian Lake First Nation residents are members of the Nelson House First Nation.
Rulings: motion dismissed by CEC – “the issue of specific costs of possible compensation is not of enough significance to adjourn the hearings”
Documents / Evidence Filed:
Exhibits
1. CEC 1002 – written response to Manitoba Wildlands/Canadian Nature Federation concerns regarding procedural matters.
2. CEC 1003 – response to motions
3. MH/NCN 1008 – Response to CASIL motion of March 10
4. MH/NCN 1009, Manitoba Hydro/NCN’s March 12, 2004 letter to CEC regarding Manitoba Wildlands/Canadian Nature Federations witness list and filing of substantive documentation.
5. MH/NCN 1010 – final referendum results of the NCN vote on the Agreement in Principle (AIP).
Undertakings
1. MH-38: Advise if negotiations of the Adverse Effects Agreement are between NCN and Manitoba Hydro and then later, as proposed, that they will be between the general partner and NCN
2. MH-39: Advise if Excel Energy purchase up to 40 percent of Manitoba Hydro power
3. MH-40: Advise what non-binding mediation with respect to settlement of disputes on price of power means
4. MH-41: Advise date of consultation meeting and who from Trapline 18 was in attendance
Questions & Answers Cross Examination:
1. Dennis Troniak, Displaced Residents of South Indian Lake (DRISL), legal counsel, cross-examination of Hydro/NCN on JNFAAT, specifically focused on: Hydro loan to NCN, vote on the partnership between Hydro and NCN, adverse effects compensation, Quebec Hydro agreement, Royal Commission on Aboriginal People’s Summary of the Northern Flood Agreement, potential profits form the Hydro/NCN partnership, translation of important documents into Cree, implementation Agreements under the Northern Flood Agreement, ratification vote on the Agreement in Principle, export potential of Wuskwatim energy, treaty obligations, economic and employment opportunities.
2. Greg McIvor, Trapline 18, representative, cross-examination of Hydro/NCN on JNFAAT, specifically focused on: copies of 13 compensation agreements between First Nations and Hydro that were promised to him, obtaining information from Hydro/NCN, adverse effects, and procedural fairness.
3. Doug Abra, CEC, legal counsel, re-examination, specifically focused on: Demand Side Management screening, video of corridors for Transmission lines, alternative to the Hydro/NCN limited partnership, wind power, and re-routing the transmission line.
4. Valarie Mathews Lemieux and Tom Bedford, Hydro/NCN, legal counsel, re-examination, focused specifically on: likely export market for Wuskwatim energy, climate change, length of the right-of-way, load forecasting, capital cost estimates for adverse effects, Agreement in Principle referendum vote results, and compensation for adverse effects.
Schedule Adjustments/Changes:
None.
Notes / Comments:
1. CASIL’s motion regarding compensation issues was dismissed.
2. Dennis Troniak questioned Elvis Thomas on whether the remaining $21 million needed for the partnership investment was coming from an annual $4 million that NCN is given in trust.
3. Elvis Thomas said that where the remaining $21 million comes from confidential information.
4. Ed Wojczynski said that Hydro did not attend the Feb. 23 Hydro Forum at the University of Winnipeg because they didn’t feel it was an appropriate venue to attend, that it was not set up to be fair and open proceeding, and that the Quebec situation is not directly relevant to the Manitoba situation.
5. Ed Wojczynski also said that what Hydro is doing here is at the leading edge and is as good as or better than what is going on elsewhere (this was in response to a comparison between Quebec Hydro’s recent development agreements and Manitoba Hydro’s Wuskwatim projects).
6. Gerard Lecuyer, CEC Chair, requested a video of the Wuskwatim Generation site and of the corridors for the Transmission line.
7. NCN/Hydro introduced new evidence of the finalized version of the referendum vote results on the Agreement on Principle. Elvis Thomas said the previous document submitted into evidence was only a draft. He also said that this new version was developed because he wanted to set the record straight about the actual numbers of votes that were cast by NCN members.