SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660-4700 VANCOUVER, B.C. V6Z 2N3 BC TOLL FREE: 1-800-663-1385 CANADA FACSIMILE: (604) 660-1102 AN ORDER IN THE MA TIER OF the Utilities Commission Act, S.B.e. 1980, c. 60, as amended and A Public Review of the Kemano Completion Project BEFORE: L.R. Barr, Deputy Chairperson; ) P.A. Larkin, Commissioner, and ) AUgUst 31, 1993 J.A. McVey, Commissioner ) o R D E R A. On June 16, 1993, the Commission issued Hearing Order No. G-48-93 which scheduled Community Public Hearings and a Technical Public Hearing. Subsequently, the Commission received submissions from interested parties requesting further time to prepare for the hearings. On July 9, 1993 Alcan Aluminium Limited ("Alcan") announced its participation in the KCP review. In response, the Commission decided to delay the public hearings, to give all participants more time to prepare. NOW THEREFORE the Commission orders as follows: 1. Appendix "A" to Order No. G-48-93 is replaced by Appendix "A" to this Order. Appendix "C" to Order No. G-48-93 is replaced by Appendix "B" to this order. Appendix liB", "Revised Directions on Procedures" reflects changes to filing and hearing dates and adds the Victoria Public Library to the list of locations for the Public File. 2. Paragraphs 3 and 4 of Order No. G-48-93 are replaced by the following: "3. Interested parties who wish to register as a Registered Participant must file their Notice to Participate with the Commission by September 17,1993. 4. Registered Participants who wish to file technical or scientific evidence must file 20 copies of the evidence with the Commission Secretary by November 5,1993." 3. Registered Participants who intend to make requests for additional information for the Technical Hearing from other Registered Participants should submit their questions in writing to the Commission Secretary and to the Registered Participants by November 19, 1993. DATED at the City of Vancouver, in the Province of British Columbia, this day of September 1993. BY ORDER LomaR. Barr Deputy Chairperson Chair of the Review Panel Attachment BCUC/Order/Kemano Public Hearings
SIXTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER, B.C. V6Z 2N3 CANADA British Columbia Utilities Commission Kemano Completion Project Review HEARING DATES, TIMES AND LOCATIONS Community Hearings: All Community Hearings commence at 1:00 and end at 5:00 p.m. In the event that there is sufficient public interest, the Commission may conduct evening sessions. November 9,1993 Kitimat River Lodge Community Centre 2230 Nechako Avenue November 16, 1993 Grassy Plains Community Hall R.R. #2 November 17,1993 Burns Lake Tweedsmuir Park Rod and Gun Club November 18, 1993 Fort Fraser Fort Fraser Community Hall Corporation Street The Commission may combine hearing locations should there be insufficient Registered Participants in a community hearing. Technical Hearing: December 6 -17,1993 Prince George Holiday Inn 444 George Street. The Technical Hearing will commence at 9:30 a.m. on December 6, 1993. If required, the Commission will continue the Technical Hearing in January 1994. The date, time, and location of the continuation will be announced at a later date. BCUCIOrder/Kemano Public Hearings TELEPHONE: (604) 660-4700 BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 APPENDIX" A" Page 1 of 1 November 19,1993 Vanderhoof Vanderhoof Fire Hall 270 City Centre November 23,1993 Fort St. James Fort St. James Fire Hall Manson Street November 24,1993 Stoney Creek Stoney Creek Elders Potlatch House Kenney Dam Road November 25,1993 Prince George Holiday Inn 444 George Street.
APPENDIX "B" Page 1 of 7 September 8, 1993 SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660-4700 VANCOUVER, B.C. V6Z 2N3 BC TOLL FREE: 1-800-663-1385 CANADA FACSIMILE: (604) 660-1102 BRITISH COLUMBIA UTILITIES COMMISSION KEMANO COMPLETION PROJECT REVIEW REVISED DIRECTIONS ON PROCEDURES 1 . Review Panel 1.1 Members of the Review Panel are Ms. Lorna Barr, Dr. Peter Larkin and Mr. Alistair McVey. Ms. Barr is the Deputy-chair of the B.C.U.C. and the Chair of this Review Panel. Dr. Larkin and Mr. McVey have been appointed as temporary Commissioners for the purpose of the Review. 2 . Commission Secretary 2.1 The Commission Secretary for the B.C.U.c. is Mr. Robert Pellatt who may be reached at: British Columbia Utilities Commission 6th Floor, 900 Howe Street Vancouver, British Columbia V6Z2N3 Phone: (604) 660-4700 (B.c. toll free at 1-800-663-1385) Facsimile: (604) 660-1102 2.2 The Commission Secretary is the official liaison for the Review Panel. Questions about this Review and its procedures may be directed to the Commission Secretary or Commission Counsel. The Commission Secretary maintains a mailing list of those persons who have requested that their names be added to the list of Registered Participants. The Commission Secretary also mainta,ins the Public File and coordinates the distribution of notices and newsletters related to the conduct of this Review. Copies of all notices and newsletters are available from the Commission Secretary upon request. 3 . Commission Counsel 3.1 Commission Counsel for the Review Panel are Mr. David Bursey and Mr. Brian Wallace. They may be contacted through the offices of the B.C.U.C. or directly at the offices of Bull, Housser & Tupper, (604) 687-6575. 3.2 Commission Counsel are available to assist parties with questions about the conduct of the Hearing.
APPENDIX "8" Page 2 of 7 September 8, 1993 4. Notice of Participation • Registered Participants 4.1 Any party that wishes to have their name registered on the list of Registered Participants for the purpose of receiving all notices and mailings associated with the Review Hearing should file a Notice of Participation with the Commission Secretary by September 17, 1993 setting out: (i) their name, address, telephone and facsimile numbers; (ii) whether they represent any individuals, groups or organizations; (iii) the nature of their interest; (iv) a brief description of the issues on which they would like to comment, including any issues that are not on the Preliminary List of Issues (Appendix "B" of Hearing Order) which they believe are within the Terms of Reference and should be included; (v) the extent to which they wish to receive documentation and expect to participate in the Pre-Hearing Workshops or Conferences; and, (vi) the extent to which they wish to participate in the Review, in particular at which Community Hearing, if any, they would like to make their submissions, and whether they intend to make submissions at the Technical Hearing. 5. Meetings and Hearings 5.1 Pre-Hearing Process (September - November) Various Pre-Hearing Conferences and Workshops may be held in advance of the formal Review Hearings. The Conferences and Workshops are intended to be consultations with interested participants so that procedural and technical matters can be discussed in an informal setting. A summary of the matters discussed will be kept but will not form part of the evidentiary record upon which the Review Panel will base its report. The Panel members were present at the Procedural Meetings in April, however, they will not be present at the Workshops or the Pre-Hearing Conferences to allow for more informal discussions to take place. The Pre-Hearing process will be run by B.C.V.C. staff and Commission counsel. (a) Pre-Hearing Procedural Conferences The intent of these conferences is to clear up any outstanding procedural issues with Registered Participants in an informal setting prior to the start of the Review Hearings. Although the Review Panel will not be present, it is the Panel that will ultimately determine any unresolved procedural issues. (b) Site Visits The Panel will tour the Nechako River and the sites of the proposed Kemano Completion Project work. The time, itinerary, and other details of the site visits will be placed on the Public File. (c) Workshops If there is sufficient interest expressed by Registered Participants, Workshops will be held to discuss technical information with the technical consultants hired by the B.C.V.c.. Each technical consultant's draft report will be placed on the Public File in advance of the Workshops. At the
APPENDIX "B" Page 3 of 7 September 8, 1993 Workshops, Participants will be able to get a better understanding of the technical evidence and issues so that they may be better prepared to make their submission in the Review Hearings. Participants will also be able to suggest other areas that they would like the report to address. Notice of the Workshops will be given to Registered Participants. 5.2 Hearing Process (November - January) Review Hearings will be divided into two phases as explained in the following sections. These procedures may be modified following the Pre-Hearing Conferences. (a) Community Hearings The Commission has scheduled Community Hearings in a number of communities in the areas affected by the KCP. These Hearings will mark the beginning of the formal Public Review. The purpose of these Hearings is to gather information about the community impacts of KCP, as well as suggestions as to how negative impacts can be minimized. The Community Hearings will be held in different locations to accommodate Registered Participants so they may attend the most convenient location to present their views. The Hearing structure will be as informal and flexible as reasonably possible and it is not intended that persons making submissions will be subject to cross-examination by other Participants. Participants making submissions will be required to do so under oath or affirmation. A written transcript will be produced and the evidence gathered at the Community Hearings will form part of the same record as the evidence from the Technical Hearing. The Commission may ask Registered Participants, individuals, groups, or organizations to restrict their submissions to one Community Hearing. (b) Technical Hearing The Technical Hearing is planned to be held in one location, but may be held at two locations depending on the need. This part of the Review will focus on the presentation of technical and scientific evidence. Witnesses will give evidence under oath or affirmation and will be subject to cross-examination. A written transcript will be kept. In the absence of a project applicant, the Commission's consultants will speak to their reports first (written copies will have been previously filed and served on Registered Participants). The Order of Presentation for questions and subsequent witnesses will be determined by the Panel following the Pre-Hearing Conferences. (c) Final Argument There will be an opportunity for oral final argument after the close of the evidentiary record at the Technical Hearing. Parties who have made earlier submissions at the Community Hearings or filed written comments need not present further oral argument if they wish to rely on their earlier submission. At the conclusion of the Review Hearings, the Review Panel may also announce a further time period during which it will receive additional written statements and materials. 6 . Notice of Hearing Dates, Times and Locations Notices of the dates and locations of the Review Hearings are contained in the Hearing Order No. 0-75-93, Appendix "A". Hearing times will be announced through the local media. 7 . List of Issues Attached to the Hearing Order as Appendix "B" is a Preliminary List of Issues that have been identified from the Terms of Reference for this Review and the preliminary Procedural Meetings held in 'April. Any Registered Participant that wishes to propose additional issues for the Review that fall within the Terms of Reference is invited to write to the Commission with their suggestions and accompanying explanations by September 17, 1993. This may be done as part of an interested party's Notice of Participation.
APPENDIX "8" Page 4 of 7 September 8, 1993 8 . Written Comments Interested parties who are unable to attend the Community or Technical Hearings are invited to make written submissions to the Review Panel at any time during the Review process until the close of the Hearing record. These submissions should contain the name and address of the sender. Submissions may identify issues of concern, questions to be addressed in the Review, information for the Review Panel's consideration, or proposed solutions or recommendations for action with respect to the subject of the Review. 9 . Pre-filed Evidence for the Technical Hearing Participants who wish to refer to or present evidence of a technical nature or to rely on any specific reports, studies or documents are requested to file twenty (20) copies with the Commission Secretary by November 5, 1993 and to make copies available in advance of the Technical Hearing, as the Commission may direct. When such documents are filed at the Technical Hearing, the Participant filing the document should ensure that they make sufficient copies available for other Participants. 10. Information Requests 10.1 If a Registered Participant intends to ask questions of other Registered Participants during the Technical Hearing that will involve time to prepare the answer, they should submit their questions in writing to the Commission Secretary by November 19, 1993. Questions submitted to the Commission Secretary will be placed on the Public File and forwarded to Registered Participants. 10.2 Registered Participants may ask questions of the Commission's Technical Consultants by sending written information requests to the Commission Secretary by November 19, 1993. Questions submitted to the Commission Secretary will be placed on the Public File and forwarded to Registered Participants. 11. Participation at the Meetings and Hearings 11.1 Attendance at the Pre-Hearing Conferences and Workshops is not mandatory and does not affect the opportunity to participate in the Review Hearings. During the Community Hearings, Participants need only present their views at the Hearing sitting location that is most convenient. 11.2 The order of presentation will be determined by the Review Panel. Ordinarily, Registered Participants will precede other participants. To ensure all parties have an opportunity to speak, the Review Panel may limit the time for presentations as it considers appropriate. Where Registered Participants have submitted a written presentation, they will be encouraged, in their oral presentation, to simply highlight the written presentation rather than repeat it in detail. Participants with a common interest are also encouraged to choose a spokesperson to give a joint presentation so duplication can be minimized and the Hearing time can be used efficiently. 11.3 Participants wishing to use audio visual or other equipment in their presentations are requested to advise the Commission Secretary of the nature of the presentation, the type of equipment required at least seven (7) days prior to the commencement of the Hearing at which they will be participating. 11.4 Following a presentation by a participant, the Review Panel may ask the Participant questions for the purpose of information and clarification.
APPENDIX "B" Page 5 of 7 September 8, 1993 11.5 The Review Panel, at all times, has control over its own procedure and may limit or exclude any statements, questions or comments at the Review Hearings which are irrelevant, argumentative, needlessly lengthy or repetitive, or which fall outside the scope of the Review Panel's mandate as the Review Panel may determine. 12. Public File 12.1 Subject to 12.4, all information submitted to the Review Panel will be made public by placing it on the Public File and may be disclosed otherwise as the Review Panel may direct. 12.2 Any request by the Review Panel for further information from a participant will be placed on a Public File and Registered Participants will be advised of the request. 12.3 All of the Community and Technical Hearings will be recorded in their entirety by official reporters and transcripts will be placed on the Public File. For the Pre-Hearing Conferences and Workshops, summary minutes will be placed on the Public File. 12.4 Upon request, the Review Panel may determine that, in the public interest, certain information or documents may be properly regarded as confidential. In that event, the Review Panel may direct that the information or documents be received by the Review Panel in confidence, and that a statement of the general nature of the information or documents without detail be placed on the Public File. The Review Panel would not expect to grant such a request except in unusual circumstances. 12.5 The Public File will be available for examination by the public at the Commission's offices in Vancouver and at the following locations: 1. Hazelton Public Library 2. Kemano Public Library 3. Kitimat Public Library 4. Prince George Public Library 5. Smithers Public Library 6. Terrace Public Library 7. Vancouver Public Library (750 Burrard St.) 8. Vanderhoof Public Library 9. Victoria Public Library 12.6 Copies of decisions, procedural directions, newsletters and notices from the Commission will be distributed to Registered Participants. Other documents on the Public File may be examined or copied at the locations indicated at the Participant's expense. 13. Attendance of Witnesses 13.1 Registered Participants are responsible to arrange for the attendance of the witnesses and evidence that they wish to present in support of their submission. If a Registered Participant is unable to obtain the cooperation of a relevant witness, the Commission may, at the request of that Participant, exercise its subpoena power as appropriate. For the purposes of the attendance of witnesses and production of documents in this Review, the Commission has all the powers, rights and privileges of a judge of the Supreme Court of British Columbia.
APPENDIX "B" Page 6 of 7 September 8, 1993 13.2 Any party that wishes to have the Commission assist in arranging the attendance of a witness whose testimony would be relevant to the review, may apply to the Commission in writing, at least twenty-eight (28) days before the date of the proceedings at which the attendance is required, setting out: (a) the name, address and telephone number of the person; (b) the expertise or position held by the person that is relevant to the review; (c) the issues in this review to which the person is qualified to speak:; (d) the efforts that the applicant has made to arrange for the attendance of the person; (e) the reasons why the knowledge or information held by this person cannot be obtained by other means; and (f) the commitment of the applicant to pay the person's travel and accommodation expenses during his or her attendance at the Hearing as well as a daily witness fee of $20.00 per day, in accordance with the rates and fees schedule set out in the British Columbia Rules of Court. 13.3 Upon receipt of an application, the Commission will consider whether the applicant has raised sufficient grounds to establish the importance of having the person participate in the review. If so persuaded, the Commission will send a copy of the application along with a letter from the Commission to the witness requesting them to appear before the Commission to speak: to the issues identified. 13.4 The person receiving the request from the Commission will have an opportunity to respond to the information set out in the application and indicate whether he or she is able to attend. The person may also be asked to provide other relevant information that would assist the Commission in assessing the suitability of the person as a witness in the proceeding. 13.5 In the event that the person is unwilling to participate as requested by the applicant, the Commission may further consider whether the use of its subpoena power is warranted. In this regard, the Commission expects that it would only issue a subpoena in extraordinary circumstances, taking into account the relevance and importance of the information to the Hearing and the hardship that may be imposed on the person that would be required to attend. 13.6 Following the issuance of a subpoena by the Commission, the applicant will be responsible for serving it on the person identified. The subpoena must be served no later than seven (7) days before the date the person is to appear before the Commission. At the same time the subpoena is served, the applicant is required to provide the witness fee and advance payment of travel and accommodation costs. 14. Technical Consultants 14.1 The Review Panel will retain the services of consultants with special knowledge or expertise to provide information and analysis on complex technical issues that may be raised throughout the Review Panel review process. In addition to examining issues as directed by Commission Staff, the consultants will assist in identifying issues and questions that may otherwise be overlooked. 14.2 Any comments, opinions or advice given by the technical consultants to the Review Panel will be placed on the Public File.
APPENDIX "B" Page 7 of 7 September 8, 1993 14.3 The primary role of the technical consultants will be the preparation of their reports to the PaneL However, the consultants may be available to answer questions from Registered Participants to the extent that the requests for information can be reasonably answered in the consultant's report, or individually, and as time permits. The information requested must be related to the Terms of Reference and the consultant's area of expertise. Written information requests should be submitted through the Commission Secretary. 14.4 The answers, comments, opinions and advice given by a technical consultant to a Registered Participant will be placed on the Public File and forwarded to Registered Participants. 14.5 Although the areas of inquiry for the technical consultants will be directed by the Commission staff, the consultants themselves, and their evidence and findings, will be independent in the sense that the findings will be those of the consultant and not the Commission or its staff. The reports and findings of the various consultants will be placed on the Public File and there will be an opportunity for interested parties and the Commission to question those findings at the Technical Hearing. The evidence from the technical consultants will be considered along with all other evidence on the record as part of the Commission's deliberations 15. General In the interests of conducting fair and efficient public Hearings, the Review Panel may vary any procedure or time limit, change the sequence of presentations or Hearings, adjourn and reschedule the Hearings or any portion of the Hearings, allow additional time for review and preparation of submissions and materials, make any necessary interpretations and decide all matters relating to the procedures to be followed. BCUC/KCP-AppendixB-Sept.8/93
SIXTH FLOOR. 900 HOWE STREET. BOX 250 VANCOUVER. B.C. V6Z 2N3 CANADA PUBLIC REVIEW OF THE KEMANO COMPLETION PROJECT NOTICE OF COMMUNITY AND TECHNICAL PUBLIC HEARINGS The British Columbia Utilities Commission has been directed by Terms of Reference issued by the Government of British Columbia on January 19, 1993, to conduct a Public Review and assessment of the effects of the Kemano Completion Project (ItKCPIt) on the physical, biological, social, and economic environments in the Kemano and Nechako River Watersheds and Nechako Reservoir. As part of the Review, the Commission will be holding Community Public Hearings and a Technical Public Hearing. The schedule for the hearings is as follows: Community Public Hearings: KITIMAT Date: November 9, 1993 Time: 1:00 - 5:00 Location: Riverlodge Community Centre 654 Columbia Avenue BURNS LAKE Date: November 17, 1993 Time: 1:00 - 5:00 Location: Tweedsmuir Park. Rod & Gun Club BabineRoad VANDERHOOF Date: November 19, 1993 Time: 1 :00 - 5:00 Location: Vanderhoof Fire Hall 2230 Nechako A venue STONEY CREEK Date: November 24, 1992 Tune: 1 :00 - 5:00 Location: Stoney Creek Elders Potlach House Kenney Dam Road 1. The Commission may combine hearing locations should there be insufficient registered participants in a community hearing. 2. Where there is sufficient public interest, the Commission may include a 7:00 - 10:00 evening session. TELEPHONE: (604) 660-4700 BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 GRASSY PLAINS Date: November 16, 1993 Tune: 1: 00 - 5:00 Location: Community Hall R.R. #2 FORT FRASER Date: November 18, 1993 Time 1 :00 - 5:00 Location: Fort Fraser Community Hall Corporation Street FORT ST. JAMES Date: November 23, 1993 Time: 1 :00 - 5:00 Location: Fort Fort St. James Fire Hall Manson Street PRINCE GEORGE Date: November 25, 1993 Time: 1:00 - 5:00 Location: Holiday Inn 444 George Street
2 Technical Hearing: The Technical Hearing will commence in Prince George at 9:30 a.m. on December 6, 1993. The schedule is as follows: PRINCE GEORGE Date: December 6 - to, and December 13 - 17,1993 Location: Holiday Inn 444 George Street As necessary, the Technical Hearing will continue in January 1994. Dates, times and locations will be announced later. INSPECTION OF KCP MATERIAL - THE PUBLIC FILE All technical and scientific reports related to KCP provided to the Commission may be examined at the following locations: Kitimat Public Library Vanderhoof Public Library 169 Nechako Centre (632-2665) 370 E. Columbia (567-4060) Prince George Public Library Victoria Public Library 887 Dominion Street (563-9251) 735 Broughton Street (382-7241) British Columbia Utilities Commission Library Vancouver Public Library 6th Floor, 900 Howe Street, Vancouver, B.C. 750 Burrard Street (665-3365) (660-4700) Copies of all correspondence, legal documents, or other KCP related documents, excluding scientific and technical reports, are available for examination at the six locations above and the following four public libraries: Hazelton District Public Library Kemano Public Library Government Street (842-5961) Horetzky Avenue (634-5495) Smithers Public Library Terrace Public Library 3817 Alfred (847-3043) 46tO Park Terrace (638-8177) REGISTERING FOR THE KCP REVIEW HEARINGS Interested parties who wish to participate in the KCP Review Process should file a Notice of Participation indicating their desire to become a Registered Participant. The Notice should state your name, address, and telephone number; the extent to which you expect to participate; any individuals, groups, or organization you will be representing; the nature of your interest; and a brief description of the issues upon which you would like to comment. The letter should also state at which Community Hearing, if any, you would like to make a presentation and whether or not you will be making a submission at the Technical Hearing. Please file your Notice of Participation by September 30, 1993. SUBMISSIONS BY REGISTERED PARTICIPANTS Filing of written evidence for the Technical Hearing by Registered Participants is required by November 5, 1993.
3 INFORMATION REQUESTS BY REGISTERED PARTICIPANTS Registered Participants who intend to make requests for additional information for the Technical Hearing from other Registered Participants should submit their questions in writing to the Commission Secretary and to the Registered Participants by November 19, 1993. ADDITIONAL INFORMATION For further information, please contact Mr. Robert Pellatt, Commission Secretary by telephone at 660-4700, B.C. Toll Free 1-800-663-1385, by fax 660-1102 or, in writing to Sixth Floor, 900 Howe Street, Vancouver, B.C. V6Z 2N3. BY ORDER rt J. Pellatt Commission Secretary BCUC/Orders/KCP-NoticePubHear-August'93
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