LETTER NO. L-19-04 ROBERT J. PELLATT COMMISSION SECRETARY SIXTH FLOOR, 900 HOWE STREET, BOX 250 Commission.Secretary@bcuc.com VANCOUVER, B.C. CANADA V6Z 2N3 web site: http://www.bcuc.com TELEPHONE: (604) 660-4700 BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 Log No. 4174, 5384 March 31, 2004 Mr. Wayne Hall President and Director of Sales Copper Ridge Development Corp. 2635 Placer Place Grand Forks, B.C. V0H 1H2 Dear Mr. Hall Re: Aquila Networks Canada (British Columbia) Ltd. Complaint regarding Transformer Noise at Grand Forks Substation The Commission has reviewed your complaint of September 29, 2003, Aquila’s response of October 14, 2003, Aquila’s December 18, 2003 response to Bull Housser & Tupper information request of December 3, 2003, the letters of response from Bull, Housser & Tupper of January 22, 2004 and March 10, 2004, and the individual letters of complaint from Mr. Bailey, Mr. Klipper and Irene and Robert Ayers. A number of complainants and Mr. Wallace, for Bull Housser & Tupper representing Copper Ridge Developments have argued that there has been a change in the operation or the configuration of the station occurring approximately in 2001 which has produced a significant change to the noise levels of the station. Further, Mr. Wallace and Mr. Hall of Copper Ridge Developments argued that the property of Copper Ridge had been designated as residential property as early as 1982 in the official Community Plan and therefore when the substation was built West Kootenay Power should have considered the noise factor. The Commission notes that the substation was built in approximately 1985 prior to the construction of the adjacent housing. A second transformer was added in 2002. However, operational changes occurring at various times may have also had an effect on the noise levels from the transformers. These changes have not been defined. The Commission also notes that when the substation was built in 1985 and expanded in 2002 it would have had to obtain various permits enabling its construction and in the absence of contrary evidence, the Commission assumes that West Kootenay Power was in compliance with all local and/or provincial requirements at the time. Shortly after Mr. Hall raised the noise issue with Aquila, Aquila commissioned a study at its own expense by Acoustical Consultants from Calgary to determine if the level of noise was acceptable and if it was compliant with applicable standards. The consultants noted that there are no standards, regulations or guidelines which would apply to this substation and, therefore, compared the noise levels to standards and guidelines published by five other jurisdictions including The Alberta Energy and Utilities Board, Environment Saskatchewan, Manitoba Department of Environment, Ontario Ministry of the Environment and the Nova Scotia Department of Environment. In the absence of contrary evidence, the Commission understands that there are no regulations or guidelines in this location which would allow for a comparison or assessment of the present noise levels. According to the study by Acoustical Consultants, noise measurements over a range of frequencies were taken at four locations in the development over a two day period in August of 2003 where the noise was most audible. …/2
LETTER NO. L-19-04 2 The readings were taken to determine the time varying quality of the sound. In argument, Mr. Wallace suggested that the study was deficient in the amount of readings taken and in accounting for the tonal value of the sound. The study concluded that most of the maximum noise levels were lower than those allowed in the jurisdictions used for comparison purposes with the exception of the Ontario Ministry of the Environment in which case the contribution from tonal noise exceeded the limit of 35 dBA by 5dB. Commission determination: The Commission determines that the chronology of events regarding the substation development is not relevant to the complaint and has therefore only considered if the current noise levels are excessive. The Commission accepts that the study by Acoustical Consultants was performed in accordance with industry standards for noise measurements and that the periods and locations chosen for measuring the noise were reasonable and coincides with complainants’ observations of noise being a greater problem in the summer season. In the absence of evidence to the contrary, the Commission accepts that the study results are representative of the current situation. The Commission accepts the conclusion in the study and considers that, in comparison with environmental standards for noise in other jurisdictions, the noise levels are not excessive. The Commission also notes that the transformer noise levels meet industry practices according to CSA standards. Therefore based on the evidence and submissions presented, the Commission has determined that your complaint should be denied. The Commission also recognizes that in the very quiet environment of Copper Ridge, the noise levels may be discernable at times and some individuals may find the noise annoying. Therefore, if it is the wish of the developer and/or community of Copper Ridge to pursue and pay for mitigation measures which would lessen the noise, the Commission would encourage Aquila to work with the developer and community to develop a mutually acceptable solution. In doing so, the Commission would note that any design to benefit the development of Copper Ridge should involve all stakeholders and should have the input and/or approval of the Regional District and/or other regulatory agencies, as necessary. Yours truly, Original signed by: Robert J. Pellatt RWR/yl cc: Mr. Brian Bailey Mr. Lorne Klipper Irene and Robert Ayers Mr. Brian Wallace, Bull Housser & Tupper Mr. George Isherwood, Regulatory Affairs Executive Aquila Networks Canada (British Columbia) Ltd. Aquila/Cor/Transformer Noise Grand Forks
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