TRAHVOL appeals BCUC VITR decision

August 8, 2006

Tsawwassen Residents Against High Voltage Overhead Lines (TRAHVOL) is asking the BC Court of Appeal to hear its case seeking that the Court:

1. set aside the BCUC decision (approving VITR) of July 7, 2006;

2. order the BCUC to give the VITR application "full and proper consideration";

3. that the appeal be heard on an expedited basis; and

4. award costs to the appellant, TRAHVOL

TRAHVOL is appealing on the grounds that the BCUC:

1. "Erred in law in holding the public convenience and necessity in section 45 of the Utilities Commission Act is to be determined by the most "cost effective" option rather than what is in the public interest"

2. "Failed to consider the actual impact on rates ..."

3. "Erred in ... holding that BCTC's commitment not to recommend Option 1 should be given no weight ..."

4. "Erred in ... giving the Corporation of Delta a 'veto' over 'Option 3', the South Delta route option under the streets of Tsawwassen"

5. "Erred in ... failing to require and consider ... non-financial consideration of Option 3"

6. "Erred in ... giving little or no weight to EMF" with respect to Option 1

7. "Erred in ... holding that the existing ROW agreements permitted ... new overhead transmission lines"

8. "Erred in ... failing to apply the precautionary principle or the principle of prudent avoidance ..."

The letter was filed by TRAHVOL counsel, Joseph Arvay.

TRAHVOL letter to the BC Court of Appeal, August 8, 2006