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EPCOR Distribution & Transmission Inc Decision 20581-D02-2016 EPCOR Distribution & Transmission Inc. Rossdale Substation Building Expansion May 13, 2016 Alberta Utilities Commission Decision 20581-D02-2016 EPCOR Distribution & Transmission Inc. Rossdale Substation Building Expansion Proceeding 20581 Application 20581-A001 May 13, 2016 Published by the: Alberta Utilities Commission Fifth Avenue Place, Fourth Floor, 425 First Street S.W. Calgary, Alberta T2P 3L8 Telephone: 403-592-8845 Fax: 403-592-4406 Website: www.auc.ab.ca Contents 1 Introduction ........................................................................................................................... 1 2 Process .................................................................................................................................... 2 3 Legislative scheme for facility applications ........................................................................ 3 4 Application details ................................................................................................................ 3 5 Historical and cultural impacts ........................................................................................... 6 5.1 EDTI ............................................................................................................................... 6 5.2 Samson Cree .................................................................................................................. 9 5.3 Mr. Delorme and Mr. Fromhold .................................................................................. 10 5.4 Commission findings ................................................................................................... 11 6 Participant involvement ..................................................................................................... 13 6.1 EDTI ............................................................................................................................. 13 6.2 Samson Cree ................................................................................................................ 16 6.3 Commission findings ................................................................................................... 16 7 Visual impacts ..................................................................................................................... 17 7.1 Commission findings ................................................................................................... 18 8 Findings ................................................................................................................................ 18 9 Decision ................................................................................................................................ 19 Appendix A – Proceeding participants ..................................................................................... 20 Appendix B – Oral hearing – registered appearances ............................................................. 21 Appendix C - Commission ruling on notice of constitutional question ................................. 22 Appendix D – Summary of Communications between EDTI and the Samson Cree............ 30 Decision 20581-D02-2016 (May 13, 2016) • i Alberta Utilities Commission Calgary, Alberta Decision 20581-D02-2016 EPCOR Distribution & Transmission Inc. Proceeding 20581 Rossdale Substation Building Expansion Application 20581-A001 1 Introduction 1. In this decision, the Alberta Utilities Commission decides whether to approve an application by EPCOR Distribution & Transmission Inc. (EDTI) to expand its existing Rossdale substation.1 The application stated that the alteration is needed to accommodate new electrical equipment to ensure that the power supply at the substation is safe and reliable. The proposed alteration would consist of relocating 15-kilovolt (kV) equipment and extending the existing Rossdale substation building within the existing perimeter fence. 2. The substation is located in the Rossdale Flats area of Edmonton. The Rossdale Flats area was the location of at least two historic fur trade establishments, Edmonton House and Fort Augustus and a gathering place for First Nations. The existing Rossdale substation is adjacent to a cemetery site and traditional burial ground associated with the fur trading posts. 3. The Samson Cree Nation intervened in the proceeding because it was concerned that construction of the project could unearth human remains or cultural artifacts important to it. 4. A public hearing to consider the application was held in Edmonton, Alberta on December 9 and 10, 2015. The two main issues raised in the hearing were the adequacy of EDTI’s plan to deal with any artifacts or human remains encountered during the project’s construction and the adequacy of EDTI’s consultation with the Samson Cree Nation. 5. After consideration of the record of the proceeding, and for the reasons outlined in this decision, the Commission finds that approval of the project is in the public interest having regard to the social and economic effects of the project and its effects on the environment. 6. In reaching the determinations set out within this decision, the Commission has considered all relevant materials comprising the record of this proceeding. Accordingly, references in this decision to specific parts of the record are intended to assist the reader in understanding the Commission’s reasoning relating to a particular matter and should not be taken as an indication that the Commission did not consider all portions of the record with respect to the matter. 1 The Rossdale substation is located in the city of Edmonton and is owned and operated by EDTI pursuant to Permit and Licence 20421-D03-2015 (Proceeding 20421, Application 20421-A002, June 26, 2015). Decision 20581-D02-2016 (May 13, 2016) • 1 Rossdale Substation Building Expansion EPCOR Distribution & Transmission Inc. 2 Process 7. EDTI filed its application with the AUC on June 30, 2015. It was registered as Application 20581-A001 in Proceeding 20581. The Commission issued a notice of application for the proceeding on July 27, 2015. The Commission received submissions from the following interested parties in response to the notice of application: Asini Wachi Nehiyawak Traditional Band (Mountain Cree) Gerald Delorme Rossdale Community League Samson Cree Nation (Samson Cree) 8. These parties expressed concerns regarding notification for the project, the proximity of the project to traditional burial grounds and the old Fort Edmonton cemetery, and potential wildlife and visual impacts. 9. On September 10, 2015, the Commission ruled that the Samson Cree had standing to participate in the proceeding but that the Mountain Cree, Mr. Delorme and the Rossdale Community League had failed to demonstrate that they had rights that may be directly and adversely affected by the Commission’s decision. The Commission granted each of these parties the opportunity to make a brief statement at the hearing and allowed them to provide further information regarding their standing to participate in the hearing. 10. After receiving additional submissions from the Mountain Cree and Mr. Delorme, the Commission again found that neither the Mountain Cree nor Mr. Delorme had met the test for standing under Section 9(2) of the Alberta Utilities Commission Act. However, the Commission repeated its offer to allow these two parties to make a brief oral statement at the hearing. 11. The Samson Cree filed a budget submission for advance local intervener funding pursuant to Section 2 of Rule 009: Rules on Local Intervener Costs. The Commission awarded the Samson Cree advance funding in the amount of $23,200.00 for legal fees, general consulting fees and honoraria for elders and knowledge holders on October 23, 2015.2 12. The application was deemed complete on September 16, 2015, the day upon which the Commission issued its notice of hearing stating that a public hearing would be held in Edmonton on December 9, 2015. 13. On December 9, 2015, a division of the Commission consisting of Commission members Tudor Beattie, QC and Neil Jamieson and Acting Commission member Patrick Brennan held a public hearing at the AUC Edmonton Office Hearing Room. Tudor Beattie was the panel chair. 14. During final argument on December 10, 2015, counsel for the Samson Cree argued that the Crown had not fulfilled its duty to consult with it about the potential effects of the project on its aboriginal and treaty rights. Because the Commission had no jurisdiction to consider this constitutional question until the Crown had been notified, pursuant to the 2 Decision 20581-D01-2015: EPCOR Distribution & Transmission Inc. - Application to Expand the Rossdale Substation Building Advance Funding Award, Proceeding 20581, Application 20581-A001, October 23, 2015. 2 • Decision 20581-D02-2016 (May 13, 2016) Rossdale Substation Building Expansion EPCOR Distribution & Transmission Inc. Administrative Procedures and Jurisdiction Act, it adjourned the hearing and directed the Samson Cree to notify the Crown. 15. Notice was given and a process for parties to address the issue was established. On March 3, 2016, the Commission dismissed the constitutional question in a short ruling and stated that it would provide its reasons for that ruling in this decision. Those reasons are found in Appendix C of this decision. 16. On March 10, 2016, EDTI submitted its final reply argument in writing. 17. The Commission considers that the record for this proceeding closed on March 11, 2016, when
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