Court hears leave to appeal arguments

On April 5, Judge Thackray of the BC Court of Appeal heard a day of legal argument regarding applications by GSXCCC, BCSEA and SPEC and by JIESC for leave to appeal the BCUC’s approval of the Electricity Purchase Agreement between Hydro and Duke Point Power. The judge reserved his decision until Tuesday April 12 at 9:15 a.m.

If leave is granted, then the appeal will be heard by three judges of the Court of Appeal on May 2-3.

Meanwhile, BC Hydro clarified in its written argument that its current agreement with DPP is such that if leave is granted then Hydro has a right to cancel the EPA (and the Duke Point plant).

"If leave (to appeal) is granted, BCH has a unilateral right to terminate the EPA. If BCH does not exercise that right and the appeal remains unresolved on June 30, 2005, it has a right to terminate the EPA. If an appeal is successful or unresolved on July 30, 2005, the EPA comes to an end." Paragraph 31, BC Hydro argument to the BC Court of Appeal