Secret participants and ‘collusion’ worries cause halt in N.B. Power hearing

An accusation that two or extra prospects of N.B. Energy’s transmission system slipped right into a listening to on the utility’s transmission charges in a Trojan Horse-style operation has floor proceedings on the New Brunswick Power and Utilities Board to a sudden halt.

N.B. Energy is asking {that a} marketing consultant being paid to symbolize the unknown events be expelled by the EUB and his proof disallowed.

N.B. Energy lawyer John Furey stated the utility has believed since late final 12 months that the marketing consultant, William Marshall, had been representing solely himself on the listening to however is now questioning if he’s half of a bigger “collusion” amongst different individuals. 

“It by no means crossed my thoughts that Mr. Marshall was right here aside from as a member of the general public who’s within the proceedings,” Furey stated throughout the digital listening to final week. “That he was really representing an unnamed third social gathering, I discover that — I’m shocked by it, frankly.

“It creates the likelihood that there are different interveners on this continuing who’ve additionally retained Mr. Marshall, and we now have collusion or corroboration by Mr. Marshall of the place that one other intervener is taking to create the impression for the Board that there’s consensus. It’s completely unfair.”

The listening to, which was postponed earlier within the spring for unrelated causes was lastly scheduled to conclude final Friday however has now been adjourned till Aug. 10 to listen to arguments on tips on how to cope with N.B. Energy’s issues about cloaked individuals.

Last arguments on transmission charges themselves, which had been initially alleged to be in place again on April 1, have been delayed till Sept. 9.

N.B. Energy’s in depth transmission system serves a wide range of companies and mills that rely on it to maneuver electrical energy in and across the Maritime provinces, Maine, Quebec and deeper into New England. 

The operation of the system, together with its charges and bills, is regulated by the New Brunswick  Power and Utilites Board.

A number of events, together with Marshall, are taking part within the listening to and have been difficult N.B. Energy plans to boost charges for its transmission providers. One significantly controversial proposal is a plan to greater than quadruple what N.B.  Energy prices to “steadiness” the uneven circulation of electrical energy by its system brought on by the up and down manufacturing of space wind farms.

Marshall is a former senior N.B. Energy government and as soon as oversaw the operation of the transmission system as president of the impartial New Brunswick System Operator, which was absorbed by N.B. Energy a number of years in the past. He has operated a non-public consulting enterprise for the final 14 years.

Marshall’s consulting firm WKM Power Consultants Inc. registered to take part within the listening to by itself behalf.

However beneath questioning final week by performing public intervener Rick Williams, Marshall confirmed the corporate is being paid by “a couple of” silent social gathering to symbolize them.

Below extra questioning by Furey, Marshall acknowledged the events didn’t need their participation to be recognized.

“The shoppers that I’m [representing] actually didn’t need to be recognized by themselves that they had been right here, so I’m doing it on their behalf,” Marshall stated.   

“The priority of my shopper is that, you realize, a number of of them have relationships with N.B. Energy, and so they do not need to tarnish these relationships.” 

Marshall stated it was explicitly in his unique utility to take part within the matter that his firm had an curiosity in taking part as a result of it “works recurrently with many events all through the area” who’re affected by N.B. Energy’s transmission insurance policies and prices.

He supplied to reveal the identities of those that employed him in confidence to the EUB, however Furey took the place the events who employed Marshall needs to be the listed individuals even when Marshall is the one who presents their arguments.

“It’s not within the public curiosity to allow Interveners to symbolize the pursuits of undisclosed or unidentified third-party business pursuits,” Furey wrote in a proper discover of movement calling for Marshall to be expelled and proof he has submitted to be struck.

“The one potential objective of such a type of intervention is secrecy, which is opposite to the “open courtroom” precept which governs Canadian courts and tribunals,” he concluded.

Below questioning, Marshall listed eight shoppers of his consulting firm that may be impacted by a change in transmission prices in New Brunswick and steered “some” of these eight had been those he was representing.

Among the many eight are Saint John Power, which takes electrical energy off N.B. Energy’s transmission system to provide metropolis prospects, and Liberty Utilities, which owns the Tinker hydroelectric dam that hyperlinks to N.B. Energy’s transmission system close to the Maine and New Brunswick border. 

Marshall didn’t say if both firm is among the many ones he’s working for, however each are represented individually on the listening to already, and Furey stated there’s a hazard a secret participant loved “double illustration” all through the listening to and doubtlessly benefited from unfair procedural methods.

“One potential consequence is that one consultant of the third-party curiosity could be able to cross-examine (and thus ask main questions of) an professional retained by the second consultant of the third-party curiosity,” wrote Furey in his formal discover of movement. 

“Double illustration might also consequence within the stacking of a number of professional witnesses, making a misunderstanding for the board that there’s consensus that doesn’t really exist.”

On Monday, Saint John Power wouldn’t touch upon whether or not it is among the events paying Marshall.

“There’s at the moment a movement in with the New Brunswick Power and Utilities Board on this problem,” firm spokesperson Jessica DeLong wrote in an e mail.. 

“We won’t be commenting presently out of respect for the NBEUB’s course of.”

The EUB stated if a decision between N.B. Energy and Marshall could be labored out, Aug. 10 could also be used to listen to ultimate arguments. In any other case the day shall be dedicated to listening to the utility’s utility to have Marshall barred from taking part.