Anti-Duke Point Groups Re-Apply to Appeal Court
GSX Concerned Citizens Coalition
302 - 733 Johnson Street, Victoria, BC, V8W 3C7
Telephone (250) 381-4463
Email: thackney@island.net Website: www.sqwalk.com
2 June 2005
Media Advisory
Anti-Duke Point Groups Re-Apply to Appeal Court
Victoria – On Friday, 3 June, the GSX Concerned Citizens Coalition, the BC Sustainable Energy Association and the Society Promoting Environmental Conservation (“GSXCCC, et al”) will appear before the BC Court of Appeal in a bid to stop Duke Point Power’s 252 megawatt gas-fired power plant from being built.
GSXCCC, et al will ask a three-judge panel of the Court to vary the 12 April decision of Judge Thackray. Thackray dismissed GSXCCC, et al’s application for leave to appeal the BC Utilities Commission’s 17 February decision, which approved BC Hydro’s plan to purchase electricity from Duke Point Power. GSXCCC, et al claim the Commission’s decision should be set aside, on the grounds that there is a reasonable apprehension that the Commission was biased in its review of the electricity purchase agreement.
The Joint Industry Electricity Steering Committee (“JIESC”) will appear before the three-judge panel at the same time as GSXCCC, et al, also arguing for a reconsideration of Thackray’s decision. Should the three-judge panel grant the requests, the GSXCCC, et al and JIESC will formally appeal the Utilities Commission’s decision to the Court of Appeal.
BC Hydro has indicated that, if leave to appeal is granted, Hydro will have the right to terminate the electricity purchase agreement with Duke Point Power, without penalties. Also, if an appeal were launched and succeeded, that would cause the Utilities Commission’s decision to be nullified, and again, BC Hydro would be able to terminate the agreement without penalty.
Power from the Duke Point Power generation plant is intended to be on-line in time to offset the 2007 zero-rating of some of the sub-sea electrical cables that supply Vancouver Island with electricity. A successful appeal would likely delay the project sufficiently so that it could not meet that deadline, in which case, the BC Transmission Corporation would employ “bridging measures” to ensure the Island’s supply until new sub-cables can be put in place some time in 2008 or 2009.
“We have a very real chance of defeating this costly and unnecessary project,” said Tom Hackney, President of the GSX Concerned Citizens Coalition, “and that would be good for all BC Hydro ratepayers.”
The GSXCCC, et al and JIESC applications will be heard at the Vancouver Law Courts, 800 Smithe Street, beginning around 9:30 and continuing into the afternoon. GSXCCC etal representatives will be available on site to address the media and answer questions.
For more information, call Tom Hackney at 381-4463