PREMIER'S DEPARTMENT NEW SOUTH WALES TELEPHONE: (02) 9228 41 16 GOVERNOR MACQUARIE TOWER FACSIMILE: (02) 9228 4757 1 FARRER PLACE G.P.O. BOX 5341, SYDNEY 2001 SYDNEY NSW 2000
SAS/2874(1) Mr J Evans PSM Clerk of the Parliaments 9 : i-c K 0 t%,yq Legislative Council a r l:* Parliament House SYDNEY NSW 2000
Dear Mr Evans
Order for Papers - Redbank 2 Power Station
In accordance with the Resolution of the House of 18 September 2003, as recorded in the Minutes of Proceedings of the Legislative Council, advice was conveyed to a number of agencies in the public sector the terms of the following resolution:
1. That, under Standing Order 18, there be laid upon the table of the House by 5.OOpm on Thursday 25 September 2003, all documents in the possession, custody or power of the Department of Infrastructure Planning and Natural Resources, National Parks and Wildlife Service, Sustainable Energy Development Authority, Environmental Protection Authority and Ministry for Energy and Utilities, relating to the proposed Redbank 2 Power Station including:
(a)all documents, advice and correspondence provided to the Department of Infrastructure Planning and Natural Resources,
(b) all documents relating to inter-agency or cross-agency input into the proposed power station,
(c) any documents which record or refers to the production of documents as a restilt ofthis order of this House.
2. That an indexed list of all documents tabled under this resolution be prepared showing the date of creation of the document, a description of the document and the author of the document. 3. That anything required to be laid before the House by this resolutiorz may be lodged with the Clerk of the House if the House is not sitting, and unless privilege is claimed, is deemed for all purposes to have been presented to or laid before the House and published by authority of the House.
4. Where a document required to be tabled under this order is considered to be privileged and should not be made public or tabled:
(a) a return is to be prepared and tabled showing the date of creation ofthe document, a description of the document, the author of the document'and reasons for the claim of privilege,
(b) the documents are to be delivered to the Clerk of the House by the date and time required in paragraph 1 and:
(i) made available only to Members of the Legislative Council,
(ii) not published or copied without an order of the House.
5. (a) Where any Member of the House, by communication in writing to the Clerk, disputes the validity of a claim of privilege in relation to a particular document, the Clerk is authorised to release the disputed document to an independent legal arbiter, for evaluation and report within 5 days as to the validity of the claim.
(b) The independent legal arbiter is to be appointed by the President and must be a Queen's Counsel, a Senior Counsel or a retired Supreme Court Judge.
(c) A report from the independent legal arbiter is to be lodged with the Clerk of the House, and:
(i) made available only to Members of the Legislative Council,
(ii) not published or copied without an order of the House.
A number of agencies have identified documents covered by the terms of the Resolution. Certification by each of the respective Chief Executive Officers has been provided indicating whether to the best of their knowledge any documents covered by the tenns of the resolution exist. Copies are provided at Annexure A.
The required indexed list of documents is attached at Annexure B.
In tenns of any documents for which privilege is to be claimed the required index is attached at Annexure C. Should you require any clarification or further assistance please do not hesitate to contact Mr A Smith, Executive Director and Chief of Staff, Office of the Director General, Premier's Department on 9228 3323.
Yours sincerely , .--+ -1
Acting Director General Annexure A S;?:1t7~Dr!ilns 5iitidr::g Department of 20 LES Street Sydney IQSW2000 GPO &ax 3927 Sydr:ey NS'& 20131 Infrastructure, Planning and Natural Resources T az 97ssooa
Mr Alex Smith Premier's Department Level 39 Governor Macquarie Tower 1 Farrer Place SYDNEY NSW 2000
23 September 2003
Dear Mr Smith
Legislative Councii - order for papers - Redbank 2
I refer to the Legislative Council's order of 18 September 2003 and the letter to the Director-General from Col Gellatly.
I enclose the Department of Infrastructure, Planning and Natural Resources' documents produced in response to the order. The documents over which privilege is claimed are sealed.
I enclose the Department's return in the form requested.
I certify to the best of my knowledge all documents held by the Department of Infrastructure, Planning and Natural Resources and covered by the terms of the resolution have been provided.
Yours sincerely
V Jennifer Westacott Director-General Department of Infrastructure, Planning and Natural Resources hqiNISTRY OF ENERGMAND UTILBYIESL NEW SOUTH WALES GOVERNMENT MINERALSANDENERGYHOUSE 29-57 CHRISTIE STREET, ST LEOMARDS 2065 PO BOX 536 ST LEONARDS NSW 1590 DX 3324 ST LEONARES TELEPHONE (02) 9901 8888 FACSIMILE (02) 9301 8402 INTERNET http:Nwww.energy.nsw.gov.au ABN 43 863 863 906
Reference No: M03/3224 Mr Alex Smith Executive Director and Chief of Staff Office of the Director General Premier's Department Level 39 Governor Macquarie Tower 1 Farrer Place SYDNEY NSW 2000
Dear Mr Smith
I refer to Dr C Gellatly's letter to me of 8 September 2003 with respect to the provision of papers relating to the motion on the Notice Paper of the Legislative Council concerning the proposed Redbank 2 Power Station.
In accordance with the guidelines included in Dr Gellatly's letter I have included the relevant papers as described in the attached indexed list. For one document we have made a submission in support of claim for confidentiality and privilege, and this is provided separately. I certify to the best of my knowledge all documents held by the Ministry of Energy and Utilities and covered by the terms of the resolution have been provided.
If you have any inquiries please contact Dr David Hemming of the Ministry on telephone 9901 8836, facsimile 9901 8620 or email [email protected].
Yours sincerely
Brian Steffen !?-q -03 Director General L Our Reference : EXF26983
Dr C Gellatly Director General Director General Premier's Department Level 39, Governor Macquarie Tower 1 Farrer Place SYDNEY NSW 2000
I refer to the Legislative Council resolution of 18 September 2003 under Standing Order 18 for the production of documents relating to the proposed Redbank 2 power station.
A thorough search of the records of the Environment Protection Authority (EPA) has been undertaken and those documents included in the Legislative Council's order are listed in the attached schedule and are enclosed with this letter.
I certify that to the best of my knowledge, all documents held by the EPA and covered by the terms of the motion have been provided.
Yours sincerely
LISA CORBYN 1) Y Director General
Environment Protection Authority PO Box A290 Sydney South NSW 1232 Australia Telephone61299955000 Facsimile 61 2 9995 5999 www.epa.nsw.gov.au 6s-GI Gn~ilh~lrnStr~pt SvTlnev NSW 2000 utions for the future @SE
Contact: S Dunford Phone: 02 9249 6107
Mr Alex Smith Executive Director and Chief of Staff Office of the Director General Premier's Department Level 39 Governor Macquarie Tower 1 Farrer Place Sydney 2000
Dear ~@h, Order for Papers - Redbank Power Station "AMENDED RESOLUTION"
We have conducted a thorough search of our files regarding the resolution agreed to by the Legislative Council, under Standing Order 18, on 18 September 2003. I certify to the best of my knowledge the SEDA holds one document covered by the terms of the resolution. ITEM: Submission to Redbank 2 Power Station Director General's Requirements
DOCUMENT: A submission from SEDA to PIanningNSW to outline that ESD principles, and more specifically those related to greenhouse gas emissions, are a key consideration in the assessment, determination and enforcement of conditions for the abovementioned proposed development. DATE: March 9 2003 AUTHOR: Sustainable Energy Development Authority . . .. PRIVILEGE CLAIM: NO Yours sfbyrely
Sustainable Energy Development Authority ABN 80 526 465 581 level 6, 45 Clarence Street Sydney PO Box N442 Grosvenor Place NSW I220 Australia Telephone i61 2 9249 6100 Facsimile + 61 2 9299 1519 Email sedaOseda.nsw.gov.au Web Site www.seda.nsw.gov.au
< Our Ref: DOC03/13739
Mr Alex Smith NSW Executive Director and Chief of Staff NATIONAL Office of the Director-General PARKS AND Premier's Department WlLDLDFlE Level 39, Governor Macquarie Tower SERVICE 1Farrer Place SYDNEY NSW 2000 ABN 30 841 387 271
Dearp-i!!? RE: ORDER FOR PAPERS - REDBANK POWER STATION - AMENL)ED RESOLUTION
I certify to the best of my knowledge all documents held by NSW National Parks & Wildlife Service and covered by the terms of the resolution have been provided.
Should you have any queries in relation to this matter, please contact Mr Carl Solomon, Manager Strategic & Executive Services on phone 9585 6305.
Yours sincerely
Brian Gilligan u Director-General 2 3 *% Zac3,
Head Office 43 Bridge Street PO Box 1967 Hursrville N SV 2220 Australia Tel: (02) 9585 6444 Fax: (02) 9585 6555 www.npws.nsw.gov.au Annexure B %eny[liea-ta Ba~!art.rg Department of 20 Les Streef Sydsey NS~N2000 G30 Box 3927 Syditey tyNSV\; ZoOr Infrastructure, Planning and Natural Resources iC297FS%00
Order for papers - proposed Redbank 2 power station plant
Return Annexure A
File I Document No. I Document- Description 1 Date / Author / Privilege S00/01625 Order Item 1 Documents relating to the 9/10/2000- DIPNR No Part 1 Folios 1-278 assessment of the Redbank 2611 1/2003 2 proposal S00/01625 Order Item 1 Documents relating to the 2011 212003 DlPNR No Part 2 Folios 279-579 assessment of the Redbank -1 1/3/2003 2 proposal S00/01625 Order Item 1 Documents relating to the 31/3/2003- DlPNR No Part 3 Folios 580-890 assessment of the Redbank 23/4/2003 2 proposal S00/01625 Order Item 1 Documents relating to the 2/5/03- DlPNR No Part 4 Folios 891-934, assessment of the Redbank 16/7/03 936-941,945- 2 proposal 947,956- 1 097, 1 108-121 2 S00/01625 Order Item 1 Documents relating to the 20/6/2003 DIPNR No Part 5 Folios 121 3-1443 assessment of the Redbank - 3/9/03 2 proposal S00/01625 Order Item 1 Documents relating to the 15/9/2003 DlPNR No Part 6 ~~li~~1444-1604 assessment of the Redbank - 23/9/03 2 proposal S00/01625/ .Order Item 1 Documents relating to the 22/8/2003- DIPNR No Z Part 1 Folios 1-1 84 assessment of the Redbank 2/9/2003 2 proposal - faxed form submissions to the Minister
S03/01451 Order Item 1 Documents relating to the 6/8/03- DlPNR No Part 1 Folios 5-32,37- assessment of the Redbank 16/5/03 58,64-1 1 1, 1 28- 2 proposal 129
ER4161 Order Item 1 Documents relating to the 27/3/03 DlPNR No assessment of the Redbank 2 proposal ER4162 Order Item I Documents relating to the 31/1/03- DIPNR No assessment of the Redbank 3/9/03 2 proposal ER3348 Order Item 1 Documents relating to the 28/2/02- DIPNR No assessment of the Redbank 2/6/02 2 proposal 8338 Order Item 1 Documents relating to the 8/8/02- DlPNR No Portion 1 assessment of the Redbank 22/9/03 2 proposal 9023896-1 Order ltem 1 Documents relating to the 21/10/02- DIPNR I I I assessment of the Redbank I 2911 1 102 I I 12 proposal PREMIER'S DEPARTMENT
Order for Papers - Standing Order 18
-
File No Papers
SAS 2874(1) State Administration Services - Legislative Council-Tabling of Documents-Redbank 2 Power Station NATIONAL PARKS & WILDLIFE SERVICE Order for papers- Redbank Power Station "Amended Resolution"
Date of Privilege Document Item Document Author Number Creation Claim 1(b) Redbank 2 Power Plant and Uprating of Associated €IS assessment Jane 2003 HLA- No Electricity Transmission Lines re-Exhibition of related documents. Envirosciences Development Applications DA-478-12-2002 and DA-480- Only document 12-2002 references provided - full text to be provided by DlPNR
2 (a) General Terms of Approval for Redbank Power Plant DA- Letter from NPWS to 10/04/2003 Teresa Gay - No 478-12-2002 Tim Ward, Dept of Manager Urban Transport and Central Culture Planning and & Heritage Unit ancillary documents NPWS
3 (a) Proposed Transmission Lines and Upgrading Associated Letter from NPWS to 06/02/2003 Teresa Gay - No with Redbank 2 Power Plant DA-480-22-2002 Matt Andrews - Manager Planning NSW and Central Culture ancillary documents & Heritage Unit NPWS 4 (b) Redbank 2 Power Plant NPWS Internal 09/01/2003 Meredith No Memorandum to Billington - Margrit Conservation Koettig/Shaun Planning Officer Hooper, Ross NPWS Wellington, Deborah Stevenson Date of Document DocumentNumber 1 Creation 5 (a) Redbank 2 Power Plant Proposal -etter from NPWS to . 20/01/2003 gatt Andrews - AIManager 'lanning NSW Central Aboriginal Heritage Unit NPWS 6 (b) Redbank 2 Power Plant and Associated Development 2opy of submissions 14/7/2003 Scott Jeff ries, Applications, Singleton Local Government Area (DA-478- from DlPNR Major 12-2002; DA-479-12-2002; DA-480-12-2002) following re- Development exhibition of Assessment, development DlPNR proposals
7 (a) Proposed Redbank 2 Power Plant, and associated Facsimile from 14/07/2003 Meredith No transmission lines NPWS to Tim Ward Billington - - DlPNR and related Conservation email Planning Officer NPWS 8 (b) Redbank 2 Email from NPWS to 10/3/03 Meredith No Tim Ward - DlPNR Billington - Conservation Planning Officer NPWS 9 (b) Redbank 2 Power Plant and Associated Development Letter from Planning 04/03/2003 Scott Jeffries - No Applications, Singleton Local Government Area (DA-478- NSW to Lou Ewins Senior 12-2002; DA-479-12-2002; DA-480-12-2002) NPWS - copy of Environmental submissions from Planning Officer public exhibition Planning NSW Document Date of Privilege Item. Document Author Number Creation Claim 10 (b) Proposed Electricity TransmissionLines and Uprating Internal email and 17/0112003 Meredith No Associated with the Redbank 2 Power Plant (DA-480-12- related letter from Billington - 2002) Planning NSW to Conservation Lou Ewins NPWS Planning Officer NPWS 11 (b) Redbank 2 Power Station NPWS Internal 09/01/2003 Meredith No Memorandumto Billington - Margrit Conservation KoettigIShaun Planning Officer Hooper, Ross NPWS Wellington, Deborah Stevenson and ancillary documents
12 (a) Proposed Redbank ll Power Station, Mt Thorley - Letter from NPWS to 15/03/2002 Meredith Mitton No Singleton LGA - NPWS EIS requirements Gordon Kirkby - Conservation Planning NSW and Planning Officer ancillary documents NPWS LEGISLATIVE COUNCIL - STANDING ORDER 18- REDBANK 2 ENVIRONMENT PROTECTION AUTHORITY
NON-PRIVILEGED DOCUMENTS
"All documents in the possession, custody or power of the Department of Infrastructure Planning and Natural Resources, National Parks and Wildlife Service, Sustainable Energy Development Authority, Environmental Protection Authority and Ministry for Energy and Utilities, relating to the proposed Redbank 2 power station"
ABBREVIATIONS
EPA - EnvironmentProtection Authority EIS Environmental Impact Statement DlPNR Department of Infrastructure, Planning and NaturalResources, andthe former agenciesthat becamethat Department DLWC Department ofLand andWater Conservation RTA Roads andTraffic Authority SEDA SustainableEnergy DevelopmentAuthority
Resolution Documents Date of Author PrivilegeClaim item Creation YeslNo (document Page 2 of 4 Resolution Documents Date of Author PrivilegeClaim item Creation YeslNo (document
for additional information Item 1 (63) Report Redbank 2 Water Supply & Brine Management 4/03 Umwelt No Environmental Consultants Item 1 (64) Letter and public submissions 4/3/03 S Jeffries DIPNR No Item 1 (65) Email to HLA Envirosciences concerning meetingand issues summary 19/2/03 P Hughes EPA No , Item 1 (66) , Email requestingmeeting with EPAregional officers I 17/2/03 G Freeland, HLA I NO I Envirosciences Item 1 (67) Email attaching other messageto HLA Envirosciences 14/2/03 L Clark EPA No Item 1 (68) Email seeking discussions with Health Department 5/2/03 M Bennett EPA No Item 1 (69) Emailconcerning water supply options 4/2/03 M Bennett EPA Item 1 (70) Letter to DIPNR request for additional information 3/2/03 M Bennett EPA No Item 1 (71) Unsigned draft letterfrom Mineral Resources to DIPNR 03 D Agnew DMR No Item 1 (72) Email advising of need for further information 31/1/03 B Stevenson€PA No Item 1 (73) Fax attaching copy of letter from DIPNRto HLA Envirosciences 3011103 P Hughes EPA No Page 4 of 4 9-OCT-2003 18:50 FR0M:DG PREMIERS 0292284630
0@/3.0 '03 THU 28:34 FAX 81 2 08018403 DOE SEP BRANCn Document Item Document Date of Author ClaimPriviiege~ Number Creation YesiNo 1 (b) (7) All documents relating tointer- Letter to the Premier in 27 February David Butcher, CEO World No agency or cross agency input relationto Redbank2 from 2003 Wide Fundfor Nature into the .proposed . power station David Butcher, CEO World Australia Wide Fundfor Nature 1 (b) (8) Alldocuments relatingto inter- Letter to the Treasurer in 9 April 2003 Anna Reynolds,World Wide No agency or cross agencyinput relation to Redbank2 from Fund for Nature into the proposedpower station Anna Reynolds,World Wide Fundfor Nature All documents under Portfolioof Briefing for the Ministerfor May 2003 Dr D Hemming, Manager, Minister for Energy and Utilities Energy and Utilities Greenhouseand relatingto proposedRedbank 2 Sustainable Development,
1Power Station 1Ministry of Energy- - and utilities 1 (b) (10) All documentsrelating to inter- Briefing and draft letter 9 May 2003 Dr D Hemming, Manager, No agency or cross agency input (which was not sent) for the Greenhouseand into the proposedpower station Ministerfor Energy and Sustainable Development, Utilities in responseto letter Ministry of Energy- - and to the Premier utilities 1 (b) (1 1) All documents relatingto inter- Draft letter (whichwas not 12 May 2003 Dr D Hemming, Manager, No agency or cross agencyinput sent) for the Minister for Greenhouseand into the proposedpower station Energy and Utilitiesin Sustainable Development, response to letter to the Ministry of Energy and Treasurer Utilities
1 (b) (1 2) All documentsrelating to inter- Email to Dr D Hemming, 22 May 2003 S Smith, ExecutiveDirector, No agency or cross agencyinput Ministryof Energy and Policy, Economicsand into the proposedpower station Utilities Environmental Reporting, NSW EPA Document Item Document Date of Author Privilege Number Creation Claim Yes/No 1 (b) (13) All documents relating to inter- Email to S Smith, NSW EPA 23 May 2003 Dr D Hemming, Manager, No agency or cross agency input Greenhouse and into the proposed power station Sustainable Development, Ministry of Energy- - and Utilities 1 (14) All documents under Portfolio of Email from A Harris, Frontier 26 May 2003 A Harris, Frontier No Minister for Energy and Utilities Economics Economics relating to proposed Redbank 2 Power Station 1 (15) All documents under Portfolio of Email to A Harris, Frontier 26 May 2003 Dr D Hemming, Manager, No Minister for Energy and Utilities Economics Greenhouse and relating to proposed Redbank 2 Sustainable Development,
Power Station Ministry of Energy- - and utilities 1 (b) (16) All documents relating to inter- Email to Dr D Hemming 26 May 2003 S Smith, Executive Director, No agency or cross agency input Ministry of Energy and Policy, Economics and into the proposed power station Utilities Environmental Reportinq,- NSW EPA 1 (17) All documents under Portfolio of Briefing for L Baumgartner of 29 May 2003 Dr D Hemming, Manager, No Minister for Energy and Utilities the Minister for Energy and Greenhouse and relating to proposed Redbank 2 Utilities' office Sustainable Development, Power Station Ministry of Energy- - and utilities 1 (b) (18) All documents relating to inter- Letter from the Department 3 June 2003 T Ward, Environmental No agency or cross agency input of Infrastructure, Planning Planning Officer, into the proposed power station and Natural Resources Department of Infrastructure, Planning and I Natural Resources Document Item Document Date of Author Privilege Number Creation Claim Yes/No 1 (b) (19) All documents relating to inter- Letter from the Department 3 June 2003 T Ward, Environmental No agency or cross agency input of Infrastructure, Planning Planning Officer, into the proposed power station and Natural Resources Department of Infrastructure, Planning and Natural Resources 1 (20) All documents under Portfolio of Letter from HLA 4 June 2003 Colin Phillips, Manager, No Minister for Energy and Utilities Envirosciences Environment and Planning, relating to proposed Redbank 2 HLA Envirosciences Pty Ltd Power Station 1 (21) All documents under Portfolio of Briefing for the Minister for 11 June Dr D Hemming, Manager, No Minister for Energy and Utilities Energy and Utilities 2003 Greenhouse and relating to proposed Redbank 2 Sustainable Development, Power Station Ministry of Energy and Utilities 1 (22) All documents under Portfolio of Briefing for the Minister for 16 June Dr D Hemming, Manager, No Minister for Energy and Utilities Energy and Utilities 2003 Greenhouse and relating to proposed Redbank 2 Sustainable Development, Power Station Ministry of Energy and Utilities 1 (a) (23) All documents, advice and Email to T Ward, 17 June Dr D Hemming, Manager, No correspondence provided to the Department of Infrastructure, 2003 Greenhouse and Department of Infrastructure, Planning and Natural Sustainable Development, Planning and Natural Resources Ministry of Energy and Resources Utilities 1 (241. , All documents under Portfolioof Ministry of Energy and July 2003 K Staggs, Principal Policy No Minister for Energy and Utilities utilities advice to-the Officer, Ministry of Energy relating to proposed Redbank 2 Minister for Energy and and Utilities Power Station Utilities for Question on Notice 450 and final version sent to Legislative Assembly Document Dateof Author Privilege Number Creation Claim YesINo All documents relating to inter- Suggested Department of 2 July 2003 T Ward, Environmental No agency or cross agency input Infrastructure, Planning and Planning Officer, into the proposed power station Natural Resources response Department of to Question on Notice 450 Infrastructure, Planning and provided to Ministry of Natural Resources Energy and utilities All documents relating to inter- Suggested EnergyAustralia 4 July 2003 Lisa Maffina, Corporate No agency or cross agency input response to Question on Secretary, EnergyAustraliaI into the proposed power station Notice 450 provided to Julie Walker, Media and Ministry of Energy and Parliamentary Officer, Utilities EnergyAustralia All documents under Portfolio of Internal Ministry of Energy Auqust- 2003 Dr D Hemming, Manager, No Minister for Energy and Utilities and Utilities briefing on - I Greenhouse and relating to proposed Redbank 2 Redbank 2 and the Sustainable Development, Power Station relationship with the NSW Ministry of Energy and Greenhouse benchmarks Utilities Scheme 1 (b) (28) Ail documents relating to inter- Proposal for inter-agency 6 August S Haddad, Executive No agency or cross agency input senior officers meeting on 14 2003 Director, Department of into the proposed power station August 2003 Infrastructure, Planning and Natural Resources Internal Ministry of Energy 13 August Dr D Hemming, Manager, No agency or cross agency input and Utilities briefing for 14 2003 Greenhouse and into the proposed power station August inter-agency senior Sustainable Development, officers meeting Ministry of Energy and
1Utilities 1 Document Item Document Dateof Author Privilege Number Creation Claim YesINo 1 (30) All documents under Portfolio of Briefingfor the Minister for 22 August Dr D Hemming, Manager, No Minister for Energy and Utilities Energy and Utilities 2003 Greenhouse and relating to proposed Redbank 2 Sustainable Development, Power Station Ministry of Energy and Utilities 1 (31) All documents under Portfolio of Briefing for the Minister for 29 August Dr D Hemming, Manager, No Minister for Energy and Utilities Energy and Utilities 2003 Greenhouse and relating to proposed Redbank 2 Sustainable Development, Power Station Ministry of Energy and Utilities 1 (b) (32) All documents relatingto inter- NSW EPA paper on 29 August S Smith, Executive Director, No agency or cross agency input Redbank 2 Greenhouse 2003 Policy, Economics and into the proposed power station Issues Environmental Reporting, NSW EPA 1 (b) (33) All documents relating to inter- Internal Ministry of Energy 4 September Dr D Hemming, Manager, No agency or cross agency input and Utilities briefing on NSW 2003 Greenhouse and into the proposed power station EPA paper Sustainable Development, Ministry of Energy and Utilities Annexure C Sen? Oeaw 3t~r!d:ng Department of 20 LE-PStrzef S~EEV~NSW 20~0 GPO Sox 6927 Sydney NSW 2C01 Infrastructure, Planning and Natural Resources T ~2 9762 13000
Order for papers - proposed Redbank 2 power station plant
Return Annexure B
It is submitted that those documents listed in the Department of Infrastructure, Planning and Natural Resources return "Part B are privileged and should not be made public on one or more of the available grounds of privilege pursuant to both common law doctrines and the statutory regime in that:
1. they are, or contain a record of, confidential communications or documents brought into existence for the purpose of:
(a) enabling the Department of Infrastructure, Planning and Natural Resources to obtain legal advice, or its legal advisers to give legal advice; or
(b) use in actual litigation or litigation reasonably contemplated by the client and in respect of which privilege has not been waived (legal professional privilege);
2. they are confidential communications or documents between the client or its legal advisers and persons with whom the client shares or shared a common interest in relation to the subject matter of the advice received by one of them (common interest privilege).
'~ife':~~~;~:~'~olio(s), . ." Document 9 < , ' DatB-:> .Author , _:: Privilege: A" vA.w-,> r ,$;< " ii ,> :J,-. #k -;,
Order Item 1(a) Notes: draft legal Alex O'Mara, Yes Folios 62-63 advice DIPNR Order Item 1 (a) Notes: table created Robert Moses, Yes Folios 1 12-121 for the Purpose of DIPNR seeking legal advice Order ltem 1 (a) Notes: conference 22/5/03 Alex O'Mara, Yes Folios 122-127 with legal counsel DIPNR Order ltem 1 (a) Notes: draft summary 22/5/03 AIex O'Mara, Yes Folios 130-133 of legal advice DIPNR Order Item 1 (a) Notes: copy of 22/5/03 Alex O'Mara, Yes Folios 134-138 summary of legal DIPNR advice Order ltem 1 (a) Memo: Legal advice 6/8/03 Brian Preston Yes Folios 139-144 SC ER4162 Order Item 1 (a) Email: legal advice 30/5/03 Janine Yes Lonergan, DlPNR Order Item 1 (a) Email: legal advice 2/6/03 Janine Yes Lonergan, DIPNR 8338 Order Item 1 (a) Memo: legal advice 27/9/02 Paul Percival, Yes Portion 1 DlPNR Order ltem I (a) Email: discussion of 811 0102 Brian Gardoll, Yes legal advice DIPNR 9023896-1 Order ltem 1(a) Memo: legal advice 27/9/02 Paul Percival, Yes DlPNR Order Item 1 (a) Email: discussion of 2911 1/02 Victoria Yes request for legal Davison, advice DlPNR I MINISTRY OF ENERGYAND UTILITIES -- ORDER FOR PAPERS -- REDBANK 2 POWER STATION
Document item Document Date of Author Privilege Number Creation Claim Yes/No 1 (b) 1 All documents relatingto inter- Briefing for the Minister for June 2003 A Lewis, Executive Support Yes agency or cross agency input Energy and Utilities Officer, Ministryof Energy into the proposedpower station prepared using information and Utilities supplied by IPART SUBMISSION IN SUPPORT OF CLAIM FOR CONFIDENTIALITY AND PRIVILEGE BY I THE MINISTRY OF ENERGY AND UTILITIES
This submission relates to the attached table of data provided as part of a submission to the Minister for Energy and Utilities, comparing the greenhouse performance of NSW power stations with the anticipated performance of the proposed Redbank 2 power station.
The data used to develop the table was provided to the Ministry of Energy and Utilities by the Independent Pricing and Regulatory Tribunal (IPART) on a confidential basis. In turn, information was provided to IPART by generators operating in NSW (Macquarie Generation, Delta Electricity, Eraring Energy, Redbank I)on a confidential basis to enable IPART to calculate a "NSW pool coefficient" for 2002103 for the purpose of the NSW greenhouse benchmark scheme.
Accordingly, the data was aggregated to provide a single value of the NSW pool coefficient, thereby avoiding the release of the greenhouse emission intensity of each NSW power station. These individual power station intensities, emissions and output for 2002103 have not been published. These are potentially sensitive and of commercial value.
Under the mandatory Greenhouse Benchmarks Scheme implemented in NSW from I January 2003, these power stations have opportunities to improve their greenhouse intensities and thereby create NSW Greenhouse Gas Abatement Certificates (NGACs). Information about their previous greenhouse performance potentiall) now has greater commercial value than previously.
A copy of a letter from IPART in respect of their concerns is attached.
I:\EPPD\SUSTAIN\GREENPOL\Redbank 2 LegCo Provision of papers.docl:\EPPD\SUSTAIN\GREENPOL\Redbank2 LegCo Provision of papers.doc Greenhouse Intensity Total C02 Capacity 2001102 Output (tC02- Emissions Power Station (MW) Fuel (GWh) elMW h)** (tonnes C02)
Bayswater (Hunter) Macquarie Generation Coal Liddell (Hunter) Macquarie Generation Coal Mt Piper (Lithgow) Delta Electricity Coal Wallerawang (Lithgow) Delta Electricity Coal Vales Point (Central Coast) Delta Electricity Coal Munmorah (Central Coast) Delta Electricity Coal Eraring (Lower Hunter) Eraring Energy Coal Smithfield* (Sydney) Sithe Australia Power Gas Redbank I (Hunter) Redbank Project Coal Tailings
Theoretical Tailings + Redbank2*** 130 Methane
Reduction in tonnesof C02 emissions by cofiring with wastemine methane: 71,574
* Smithfield oqly generates during peak and shoulder periods.
** Includes fugitive methane from coal mining andfugitiveCH4lC02 from natural gas extraction
*** Calculated using same output(GWh) as Redbank 1 but with an emissions intensity(tC02lMWh) equal to that of the best Hunter Valley coal-fired generator (Bayswater). Does not include C02 emissions reduction from utilising coal tailingsthat would otherwise be storedin a tailings dam and giving offC02, as this figure has notbeen quantified.
I:\Ministerials\PPQs\Budget2003\Drafts Submitted\Redbank PPQ - table.doc Contact Alex McMiIlan 17 September 2003 Ph (02) 9290 $405 Fax (02) 9290 2063 Email; [email protected]
.Mr Brian Steffen Director General Ministry of Energy and Utilities PO Box 536 St Leonards NSW 1590
Dear Mr Steffen
Wedbank 2 Power Station - Motion on the Notice Paper of the Legislative Council - confidential documents in the possession of the Ministry of Energy and Utilities
i refer to the above motion and a document relating to the electricity output, fuel usage and intensity of greenhouse gas emissions by certain electricity generators, which is in the possession of the Ministry of Energy and Utilities (the Ministry).
I request that this document be kept confidential because it was compiled from commercially sensitive information voluntarily provided by electricity generators to the Independent Pricing and Regulatory Tribunal of NSW (PART) on a strictly confidential basis.
The generators provided this infom~ationto allow PART to calculate a key parameter (the pool coefficient) of the former electricity greenhouse gas benchmarking scheme, in place until June 2002. PART subsequently provided a confidential summary of the information to the Ministry to allow it to cany out its policy functions in relation to the benchmarking scheme. Under the former scheme, PART did not have the powers to require generators to provide this information, and relied on the cooperation of generators to complete this key parameter of the scheme accurately.
IPART continues to require access to this information annually under the revised electricity greenhouse gas benchmarking scheme, in place from 1 January 2003. While it now has statutory powers to request this information from generators in NSW, it must continue to rely on the voluntary reporting of information by generators h Queensland, South Australia and Victoria. It is important that PART be able to guarantee commercial confidentiality of any information voluntarily provided on a confidential basis.
Similarly, it is important that PART can continue to entrust confidential information to the Ministry so that it can properly perform its policy function in relation to the scheme.
~le~~~~ilian Ceneml Manager, C;reenhouse GRSScheme Administrator
1.2vzl2.13 Markor Stroct Sydney hlSW 2000. All! corrcspondcncc to: PO Box Q290, QVH Posr Offlea NS W 1230 Tcl: (02) 9290 8400 Fax: (02) 5,290 206 1 Email: [email protected] - . - -.- -... --,\