Duke Point Project Goes to Appeal
14 June 2005
Media Release – for immediate release
Duke Point Project Goes to Appeal
Victoria/Vancouver – This morning the BC Court of Appeal granted leave to appeal the BC Utilities Commission’s decision approving the controversial Duke Point Power electricity purchase agreement. The GSX Concerned Citizens Coalition, the BC Sustainable Energy Association and the Society Promoting Environmental Conservation applied for leave following the Commission’s 17 February decision. The Court also allowed the Joint Industry Electricity Steering Committee (“JIESC”) to appeal the Commission’s decision.
Both groups sought to appeal on the grounds that the Commission may have been biased in favour of the application; that it unduly restricted access to evidence; and that it unfairly used the review to order BC Hydro to contract for gas supply to Island Cogeneration, an unrelated power plant that was not the subject of the review.
“Under the terms of the contract, BC Hydro or the government can now cancel the Duke Point Power agreement with no liability,” said Tom Hackney, President of GSXCCC. “They should do so now, so Hydro can get on with more cost-effective and environmentally appropriate projects.”
“British Columbia has abundant sustainable energy resources and huge potential to increase energy efficiency,” said Guy Dauncey, President of BCSEA. “There is no justification for building fossil fuel-based generation, now or in the future.”
“The Duke Point Power plant would emit 800,000 tonnes of carbon dioxide per year,” said Karen Wristen, Executive Director of SPEC. “It would go directly against Canada’s climate change commitments under Kyoto, and it would undermine our ability to maintain a healthy environment, economy and society.”
Power from the 252 megawatt Duke Point Power generation plant is planned to go on-line in time to offset the 2007 zero-rating of some of the sub-sea electrical cables that supply Vancouver Island. A successful appeal would likely delay the plant, so that it would not meet that deadline. In that case, the BC Transmission Corporation would use bridging measures to ensure the Island’s supply until new sub-cables can be put in service in 2008 or 2009.
The appellants have thirty days to file their appeals with the Appeals Court. No date has been set to hear the appeal. A successful appeal would overturn the Utilities Commission’s decision and nullify the approval of the Duke Point Power electricity purchase agreement.
Tom Hackney, GSXCCC
(250) 381-4463
Guy Dauncey, BCSEA
(250) 881-1304
Karen Wristen, SPEC
(604) 788-5634
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BC Court of Appeal Reasons for Judgement
The Joint Industry Electricity Steering Committee and the GSX Concerned Citizens Coalition, British Columbia Sustainable Energy Association and Society Promoting Environmental Conservation brought applications under s. 9(6) of the Court of Appeal Act to review the order of a chambers judge dismissing leave to appeal from orders made by the B.C. Utilities Commission concerning the application to approve an Energy Purchasing Agreement entered into between BC Hydro and Duke Point Power Limited Partnership. The applications were allowed to the extent that the order of the chambers judge is varied by granting leave on the issue of disclosure of confidential information, for the reasons given by Rowles and Levine JJ.A.; Hall J.A. dissenting. The review application is otherwise dismissed for the reasons given by Hall J.A., Levine J.A. concurring; Rowles J.A. dissenting.