Newsletter Archives

NEWS RELEASE

For immediate release

October 29, 2007

(Rimbey, AB) On Monday October 29, 2007 the Lavesta Area Group achieved a complete victory at the Alberta Court of Appeal. The three judge panel consisting of Madame Justice Conrad, Madame Justice Paperny and Mr. Justice O’Brien allowed Lavesta’s appeal after AESO, AltaLink and the EUB conceded.

AESO, AltaLink and the EUB argued that continuing the appeals process was moot, since the EUB had voided the three previous hearings. In its decision the court ruled against AESO, AltaLink and the EUB and concluded the appeal was not moot. During one exchange with Madame Justice Conrad, counsel for the AESO had to admit the lights were not going to go out in Calgary in 2009, if this transmission line was not built.

As a result of today’s ruling, the apprehension of bias in three separate EUB hearings now becomes a matter of case law. Furthermore Madame Justice Conrad clarified the status of the “Needs Identification Document (a.k.a. the NID application)”. When counsel for the AESO could not withdraw the NID application without instructions from his client, the court rule the document void, thereby making any future proposal by AltaLink, or undertaking in preparation of an application prior to the establishment of a new NID application approval, illegal.

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Joe Anglin

Vice-Chair Lavesta Area Group

(403) 843-3279

Edwin Erickson

(780) 682-2368

(780) 621-3442

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PRESS RELEASE

For Immediate Release:

BUCK LAKE, AB

Monday, October 29, 2007-

“Energy Minister Out of Touch with Alberta Citizens and Property Owners”

“Alberta’s Minister of Energy, Mel Knight, is either indifferent to, or out of touch with the interests and needs of Alberta citizens and property owners”, says Edwin Erickson of Buck Lake, Alberta, Green Party of Alberta candidate for Drayton Valley/Calmar. Erickson was part of a panel of seven representatives from various parts of the province who met with the Minister in Calgary on Friday. Panelists expressed their concerns with implications of the proposed new Bill 46 on the rights of Albertans to adequately represent themselves on future issues of energy transmission in the province. Erickson maintains that the new Bill is a serious threat to the democratic process in the province.

According to members of the panel, which represented citizens and property owners opposed to the proposed legislation, Bill 46 will further limit Albertans’ ability to be heard by the new Alberta Utilities Commission, which will, if the legislation is passed, replace the existing Alberta Energy and Utilities Board (EUB). Sections 9, 20, 24, 95, 96 and 98 of the proposed Bill will seriously restrict Albertans’ rights to a fair hearing process and reasonable representation of their interests.

“And it is not only the province’s property owners that will be affected. Electrical power consumers can expect to experience similar difficulties, if the new legislation is passed. Alberta electricity consumers are already faced with excessive increases to their electricity bills, partly due to the costs of questionable new transmission facilities. Their ability to have their concerns heard will only worsen with the increased restrictions imposed by Bill 46”, says Erickson.

Erickson claims that the Minister skirted around the panelists’ most critical issues, simply suggesting that they “consider the complete package” when evaluating Bill 46. In Erickson’s estimation, the restrictive implications of specific sections of the Bill were brushed aside by the Minister. In particular, Minister Knight avoided in-depth discussion on Section 24, dealing with Orders Without Notice and was vague on Section 98, dealing with retroactivity of the Bill to June 1, 2003 and its negative effect on dealing with “public convenience and need”.

Based on the discussions, Erickson questions the Minister’s own understanding of the content and intent of the legislation. In addition, having read letters from various PC MLAs to their constituents, Erickson is convinced that many of the province’s elected representatives are generally poorly informed as to the actual spirit of the Bill. “I have even been told by some Albertans that their MLAs have admitted to not having read the Bill for themselves. I find that shocking,” he says, “especially in view of the fact that the Bill passed first reading on June 14^th.”

Interestingly, Rimbey area landowner advocate, Joe Anglin, who has led opposition against corrupt and unfair practices by the EUB and industry regarding a proposed new 500 Kv transmission line in the Western Corridor, was, at the request of the Energy Minister’s office, excluded from Friday’s meeting.

Submitted by:

Edwin Erickson

Tel: 780-682-2368

Cell: 780-621-3442

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October 29, 2007

Dear Editor,

Last Friday, I met with Minister of Energy, Mel Knight, in Calgary, to discuss Albertans’ objections to Bill 46, a new bill sponsored by Mr. Knight in the Alberta Legislature on June 14^th. I was accompanied by six other panel members from various parts of the province.

This bill outlines the powers and parameters of the new Alberta Utilities Commission, which will replace the existing EUB, if the bill passes second and third readings this fall. In reality, passage of the legislation is no big challenge, since the bill was sponsored by a PC minister and the legislature is comprised of 61 PC MLAs among only 22 from all other parties. In our legislative system, voting against party lines is considered taboo, and usually results in the ousting of dissenting members from their respective caucus.

Since the first reading of Bill 46 in June, many hundreds of Albertans have written to their MLAs, the Energy Minister and the Premier, voicing their opposition to the bill, which will stifle the rights of Albertans to be informed of, and to respond to issues which affect them concerning energy transmission in the province. At least five sections in the bill will further limit the already seriously restricted opportunities of Alberta property owners and energy consumers to speak out on resource development and transmission which affect them adversely. For example, Section 24(1) states that “(W)here notice to interested parties to a hearing or other proceeding is required, the Commission may, if it is of the opinion that the matter is urgent, or for other reasons appearing to the Commission to be sufficient, hear the application or make the decision or order as if due notice had been given to all parties, and the decision or order is as valid and has effect in all respects as if made on due notice.” In other words, the new Commission will have the power to make any decisions it deems important, without notifying or consulting with the public, directly affected or otherwise!

This, in my opinion, is totally against the basic principles of democracy and will set a dangerous precedent for the future. If the new government regulator is given the power to allow developers to enter our lands and develop resources and related transmission facilities without consulting with us, or even notifying us, what will be included in the next intrusion of our democratic rights?

In consulting with Albertans from around the province and reading many of the responses they have received from their respective MLAs, it is apparent to me that many of our elected representatives are either poorly informed or uninformed as to the ramifications of Bill 46. Indeed, upon my questioning the Minister on the implications of Section 98(2) and 96(14)(c)(ii) on “public convenience and need”, he himself appeared puzzled and unable to answer. Some MLAs have even admitted to not as yet having read the bill, although it passed first reading 4 ½ months ago!

It frightens me to think that second reading of Bill 46 will take place in the Legislature as early as November 5^th, with apparently no public consultation planned by the Stelmach government before moving ahead to third and final reading. Indeed, in Friday’s meeting, upon being asked just that question regarding public consultation on the bill, Mr. Knight invited the questioning panelist to “send in his written submission”. It was as if the Minister was already applying the new “no oral representation” restrictions of Section 9(4) of the ill-perceived legislation!

Bill 46 is a betrayal of Albertans and an insult to the democratic process. Every property owner and energy consumer in this province owes it to themselves and their neighbours to become informed about this proposed new piece of legislation. I urge everyone reading this column to call their respective MLAs and ask for a copy of Bill 46. More information can be found online at www.killbill46.ca or on the Facebook site “Kill Bill 46”.

November 11^th is fast approaching. If we don’t stand up now and fight for our democratic rights, how are we upholding the value of the sacrifice of life and limb of our predecessors in two World Wars?

Edwin Erickson

Green Party of Alberta

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NEWS RELEASE

For immediate release

October 28, 2007

(Rimbey, AB) On Monday October 29, 2007 at 10:30AM the Lavesta Area Group will be at the Alberta Court of Appeals in Calgary. A three judge panel will hear arguments dealing with questions surrounding the EUB’s jurisdiction and legislative authority to circumvent the court and questions dealing with the apprehension of bias, as it applies to spying on citizens. The court’s decision will impact AESO’s interpretation of its authority and the legitimacy of AltaLink’s most recent press release concerning a new proposal to build a 500KV line.

The Lavesta Area Group will issue a statement outside the court house upon conclusion of the day’s events.

-30-

Joe Anglin

Vice-Chair Lavesta Area Group

(403) 843-3279

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NEWS RELEASE

For immediate release

October 28, 2007

The Lavesta Area Group will issue a statement outside the court house upon conclusion of the day’s events.

-30-

Joe Anglin

Vice-Chair Lavesta Area Group

(403) 843-3279

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NEWS RELEASE

October 12, 2007

FOR IMMEDIATE RELEASE

(Rimbey, Alberta) On September 30, 2007 the EUB retro-actively cancelled, or voided, all three hearings dealing with a controversial 500 KV transmission line from Edmonton to Calgary. The unorthodox decision was issued with less than 36 hours remaining, before the EUB was required to appear in front of a Court of Queen’s Bench judge to defend itself against the accusations it spied on landowners participating in a hearing.

It is the position of the Lavesta Area Group that the EUB issued its September 30^th decision in an attempt to circumvent the courts. The September 30^th decision, we say, is akin to a bank-robber running out of a bank with a sack full of money, and upon observing the police lined-up outside the bank; the robber tosses the money back in the door and calls upon everyone to start the day over from the beginning.

Today the Lavesta Area Group filed documents in the Alberta Court of Appeals questioning the EUB jurisdiction to void decisions, particularly in the context or perception of attempting to circumvent a court judgment. Our position is that the EUB jurisdictional authority does not supersede that of the Courts. If the EUB wants to admit what it did was wrong, much the same as a bank-robber caught in the act, the EUB can add that to their argument in front of the court.

-30-

Joe Anglin

Vice-Chair Lavesta Area Group

(403) 843-3279

September 30, 2007

The Lavesta Area Group is pleased the Board granted an equivalent of a mistrial in the 500KV transmission line hearings. In its decision the Board admitted it was biased. However, this is NOT a victory for us or landowner rights. The Board’s decision is consistent with the collusive orchestration of industry and government, experience by landowners, to railroad an export transmission line to the United States in violation of our rights.

EUB private investigators broke into our private phone conversations and they gained access to our e-mails and NO ONE in a position of authority is being held accountable. Now AltaLink is saying they plan to submit a new application once Bill 46 is passed so they can "Do this within six months". This we say is a continuation of an attempt to railroad a 500KV export line in violation of our fundamental rights according to the principles natural justice.

The Lavesta Area Group views Bill 46 as Draconian legislation designed to violate and diminish landowner’s rights. In Bill 46:

· Section 9(1) authorizes the Commission to make an order or decision . . .without giving public notice and without holding a hearing;

· Section 9 gives the proposed Alberta Utilities Commission the power to prevent landowners and consumers from making verbal representations, even if a hearing is held;

· Section 9(4) restricts the ability of landowners to hire outside legal counsel when intervening in regulatory hearings;

· and

· Section 98(2) makes the Bill retroactive to June 1, 2003, eliminating any requirement for industry to prove a transmission line is needed by the public, or is in the best interest of the public’s (convenience). This, we say, is fundamentally wrong and clearly illustrates how industry can manipulate the government into an orchestrated attempt to collusively trample on landowners rights. The Stelmach government should be ashamed of itself.

The Lavesta Area Group is rallying its members to continue the battle to fight for their rights! We have begun a campaign to inform landowners and farmers of the perils of Bill 46.

Joe Anglin

Vice-Chair Lavesta Area Group

(403) 843-3279

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August 31, 2007

PRESS RELEASE

Lavesta Area Group Vice-Chairman Joe Anglin today is calling for a full criminal investigation of Alberta Energy and Utilities Board (EUB) and others, surrounding their activities during a controversial 500 kilovolt transmission line hearing.

Part IV of the Criminal Code titled: “Offences Against the Administration of Law and Justice” makes it a indictable offence under Section 122 when a public official in connection with the duties of their office, commits fraud or a breach of trust. Further sections make it a criminal offense in the establishment of perjury, corroboration of perjury and obstructing justice in a Judicial Proceeding in any manner. Specifically Section 423 of the code prohibits watching and besetting a justice system participant where that person is carrying on business.

Joe Anglin, the Vice-Chair of the Lavesta Area Group, says it’s shocking and out-right repugnant that EUB e-mails, obtained under Freedom of Information and Protection of Privacy (FOIPP), contradict earlier EUB statements and clearly demonstrates the Board Panel members and its counsel had full knowledge of undercover covert activities designed to gather information on landowners at the EUB hearing in Rimbey.

Furthermore, Mr. Frehlich COO of AltaLink said there was no AltaLink P.I. involvement under oath, but EUB security Chief Ambler notes in a May 9, 2007 e-mail “Both AESO and Alta Link will have a security presence at the hearings. Once names are obtained we will have them included on our lists for entry purposes.”

It is hard to comprehend how Frehlich could not know about “security” engaged by AltaLink and again that such personnel as were engaged were not uniformed. This is a matter of grave concern and the information communicated by Ambler’s e-mail of May 9, 2007 together with the body of disclosure, when presented could be sufficient to support of a perjury investigation.

If the Board Panel had knowledge that AltaLink had deployed a private investigator in Rimbey, which EUB security Chief Mr. Ambler suggests they did, and Board counsel was cc’d a copy of that e-mail, then certain officials could be in breach of public trust in a criminal context.

More significantly, depending upon what the Panel knew about AltaLink security presence, if the Panel knew Frehlich to be untruthful, which we put forward as an objective possibility as opposed to an accusation, the Panel may have intentionally or inadvertently concealed a possible perjury by a witness.

Joe Anglin

Vice-Chair Lavesta Area Group

(403) 843-3279

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August 17, 2007

AND THEN THERE WERE SIX!

On June 8, 2007 landowners opposing the AltaLink’s 500 KV export transmission line uncovered four private investigators spying on their group. The Alberta Energy Utilities Board (EUB) subsequently admitted on Monday June 11, 2007 to hiring four private investigators for security purposes and denied the private investigators were spying or collecting information..

Now landowners have identified the names of six private investigators. The Alberta Electric Systems Operator (AESO) admits to hiring a private investigator but, (similar to the EUB), denies they were spying on the landowners. AltaLink has denied under oath ever hiring any private investigators.

Recently obtained documents, under the Freedom of Information and Protection of Privacy Act (the FOIP Act) now shows the EUB, AESO, and AltaLink may not be telling the truth. A copy of an E-mail dated may 9, 2007 from Ray Ambler, head of EUB Security, advises the EUB Board panel that an undercover private investigator was retained to covertly provide intelligence gathering about the landowners opposing the AltaLink export line. The E-Mail also informs the Board members that AltaLink and AESO have retained personnel for security too.

Landowners now question AltaLink’s testimony and want to know - did AltaLink executives commit perjury when they denied hiring any private investigators? The EUB security personnel were definitely under the impression AltaLink had hired private investigators just as the EUB and AESO did.

Landowners maintain the security concerns of the EUB were fabricated and exaggerated, and used as an excuse to violate their rights. Copies of E-Mails, now confirm the head of EUB security, Ray Ambler, obtained access to the password protected conference calls between landowners and their lawyers. This revelation contradicts Mr. Ambler’s and the Board’s earlier statements denying any knowledge of landowner conference calls. Additional E-mails confirm the EUB collected information on a Global Warming Activist Camp, held west of Edmonton in June and they collected information on the Alberta Environmental Network’s efforts to call for a public inquiry. None of these events had anything to do with security in Rimbey and landowners want to know why the EUB engaged in these activities? Landowners also maintain undercover personnel were in attendance at the July hearing in 2006 and at the pre-hearing last November. The EUB, AESO and AltaLink currently refuse to answer questions surrounding these events.

The hiring of private investigators by the EUB violates the basic principles of due process of law. By proactively investigating landowners, the EUB undermined the entire process in what appears to be, to the advantage of the industry.

Landowners are calling for the dismissal of all the EUB Board members and they want to know what role the Alberta Department of Energy has played in the use of Private Investigators. Evidence has now surfaced the Ministry of Energy may have utilized or engaged the services of a private investigator. Landowners want a complete and full public inquiry in to this matter.

Joe Anglin

Vice-Chair Lavesta Area Group

(403) 843-3279

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June 18, 2007

PRESS RELEASE

Monday morning June 18, 2007 the public was completely shut out of the public hearing in Rimbey. The video and audio links were shut off as five Lawyers for the landowners demanded access to the court house to register their concerns that the entire process has been tainted by private investigators who have egregiously invaded solicitor-client privilege.

Lawyers this morning want the Alberta Energy Utilities Board (EUB) to disclose the extent of the EUB’s involvement, or not, directly or indirectly, and either ADMIT OR DENY association or involvement with the hiring of private investigators.

The Board ruled this morning the issues are irrelevant to the proceedings underway. After ruling however, the board did state that the head office in Calgary did indeed hire the private investigators and stated it did not receive privilege information. The lawyers (all) representing the landowners then filed their objections and asked the Board to recuse itself.

Joe Anglin

(403) 843-3279

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June 18, 2007

PRESS RELEASE

Monday morning June 18, 2007 at 9am five lawyers representing approximately fifteen lawyers will try to gain entry to Alberta Energy Utilities Board hearing in Rimbey, AB to register their objections and demand the EUB conduct a full and complete inquiry of private investigators that may have trespassed into the sanctuary of solicitor client privilege.

Lawyers representing hundreds of landowners opposed to AltaLink’s 500 KV export transmission line, are furious that private investigators were observed on several occasions intruding into solicitor and client discussions relating to the proceedings underway, and have presented conduct consistent with attempts to monitor communications and strategy discussed between legal counsel and their clients.

The hearing underway in Rimbey is closed to the public and access is restricted only to counsel in the active cross-examination of the AltaLink panel presenting evidence. All other counsels are banned from the court house and must watch the proceedings with the public in the Rimbey Recreation Center, behind the court house. AltaLink has denied any association with private investigators, however the EUB has not!

Joe Anglin

Lavesta Area Group Vice-Chair

(403) 843-3279

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June 12, 2007

PRESS RELEASE

Private Investigators hired to collect information on landowners in an EUB hearing process was brought to the attention of the Alberta Energy Utilities Board (EUB) today in the form of a motion. The motion to the Board is a request that the EUB Board Panel summon certain individuals who have been identified as Private Investigators, for cross-examination to ascertain parameters of their employment.

AltaLink Management is applying to the EUB to construct a 500 KV export transmission line. In the application process or hearing underway in Rimbey landowners identified four individuals who have on several occasions intruded into solicitor and client discussions relating to the proceedings, and have presented conduct consistent with attempts to monitor communications and strategies discussed between legal counsel and their clients. One individual was confronted and admitted he was indeed a private investigator but refused to identify who hired him and for what purpose he was collecting information.

Under cross-examination AltaLink Management denied culpability or any association with the private investigators, however when asked, the EUB panel and staff maintained that they needed more information before they could reply or comment.

Lawyers representing landowners are concerned that the investigators collected information subject to client solicitor privileges and as such are extremely troubled of the possibility the EUB hired the investigators and compromised the entire hearing process by engaging in its own secretive investigation.

When the issue was raised in the Rimbey court house on Monday, the EUB Board panel directed counsel concerned about the private investigators to file a motion rather than summarily address the issue before proceeding.

For more information please contact

Joe Anglin

Lavesta Area Vice Chair

(403) 843-3279

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May 15, 2007

TOWER COLLAPSE

West of Red Deer, Alberta

High voltage power transmission line collapses amidst safety concerns being expressed by landowners at an EUB---Altalink—Landowner hearing, presently being held in Rimbey, Alberta.