Suggestion of bias puts power plant in jeopardy

Patrick Hrushowy
View from the right
Cowichan News-Leader
26 Jan 2005

COMMENT: Another unexpected column from the Cowichan Valley's resident right-winger (and proponent of one of the projects that did NOT make the cut in the call for tenders) Patrick Hrushowy. As we blushingly acknowledged the first time he did it, this recognition from Hrushowy feels pretty good.

The Pristine Power generating project proposed for Duke Point near Nanaimo may be on the verge of cratering thanks to a tenacious protest group that got its start in the Cowichan Valley - the GSX Concerned Citizens Coalition.

The group's lawyer, Bill Andrews, has filed a motion at the BC Utilities Commission (BCUC) alleging an "apprehended bias" and asks teh BCUC panel considering BC Hydro's preferred Duke Point project to disqualify themselves from the hearings.

In simple terms Andrews is alleging he has evidence that shows BCUC Chairman Robert Hobbs and Commissioner Lori Ann Boychuk - both sitting as a hearing panel considering the BC Hydro energy purchase agreement associated with the project - have their minds made up are are disregarding evidence.

Andrew's motion came Friday after the commission released an astonishing edited transcript of an in-camera private meeting last Wednesday between Hobbs, Boychuk and BC Hydro's Mary Hemmingsen, the senior executive responsible for Hydro's Vancouver Island call for tenders. The transcript calls Hobbs and Hemmingsen as agreeing Hydro's elaborate tender process did not produce the most cost-effective proposal, meaning they both believe there is a project that would be better for Hydro's customers than the one Hydro has submitted.

This is something that should have been dealt with publicly as soon as Hobbs and BCUC staff became aware of it. It will be argued Hobbs was derelict in his duty by his failure to disclose it in a timely manner.

The transcript also indicates Hobbs told Hemmingsen what he wants to approve.

"So you know now what I want to try to do. I need your help in telling me how I can get there," the transcript has Hobbs saying.

This means, it will be argued, that his mind was made up less than half way through the hearings and before evidence from project opponents had been presented to the hearings.

It will also be argued that since Hobbs and Hemmingsen agree that Hydro's process did not generate the most cost-effective project, and since Hobbs is prepared to approve something other than what came out of the process, other proponents should have an oportunity to have another go at it.

Whatever the outcome today when the BCUC is scheduled to consider the disqualification motion, the Duke Point project is likely to be tied up for weeks or even months in the courts by appeals on several grounds.

There are huge political implications. The BC Liberals have argued they have put BC Hydro back under the independent regulation of the BCUC. But opposition politicians will now charge Hobbs, who was appointed by the Campbell government, is simply doing Campbell's bidding and that the whole BCUC process is a sham.

Firm action by the government may be required to maintain public confidence in the BCUC.

Got a tip or comment? E-mail me at phrushowy@shaw.ca.