Power plant foes weighing options

John Kimantas
Nanaimo News Bulletin
Apr 23 2005

Groups behind a court challenge to derail the Duke Point natural gas power plant are assessing their options in advance of the next stage of the appeal process.

Tom Hackney of the GSX Concerned Citizens Coalition said a decision is likely early next week on whether to proceed with the legal challenge in the B.C. Court of Appeal.

The stall in the plans comes courtesy of the release Wednesday of the B.C. Court of Appeal's reasons for decision.

The GSXCCC is one of the intervenors seeking for leave to appeal the B.C. Utilities Commission decision to grant B.C. Hydro a certificate of public convenience for the Duke Point plant.

The certificate is the last official hurdle before the power plant can proceed.
The reasons for judgment pose a serious blow for the Duke Point plant critics.
Justice Allan Thackray allowed few grey areas in his assessment of the appeal bid.

"In my opinion there is nothing in the submission of the applicants that would ground a successful appeal of the decision of the commission on the basis of either unduly limiting the scope of the hearing or of its use of and interpretation of the issue of public interest," Thackray wrote.

Hackney said his group will review the reasons for judgment.

"We'll be looking them over and assessing our options," he said.

Two days are already set aside May 2-3 in the B.C. Court of Appeal to hear the matter.

Jeff Myers, president of Pristine Power, the group that will build and own the power plant at Duke Point, celebrated the judge's decision.

"Justice Thackray's reasons for decision provide confirmation that the BCUC hearing process was fair and appropriate," he said in a press release.

Meanwhile, B.C. Hydro is taking a wait-and-see approach.

Hydro spokeswoman Elisha Moreno said the Crown corporation won't be proceeding with the power plant until the appeal process has run its full course.
She said the agreement with Pristine Power has already been signed.