Daily Summary
CEC Review Hearings – Wuskwatim Projects
Date: June 8, 2004
Hearing Day: 31
Location: Winnipeg (Radisson Hotel)
Primary Agenda Items:
Closing Statements by (see “Presentation Summaries” below):
1) Consumers Association of Canada / Manitoba Society of Seniors (CAC/MSOS)
2) Time to Respect Earth’s Ecosystems / Resource Conservation Manitoba (TREE/RCM)
3) O-Pipon-Na-Piwin Cree Nation (OPCN)
4) Community Association of South Indian Lake (CASIL)
5) Displaced Residents of South Indian Lake (DRSIL)
List of participants:
1. Sam Dysart, NCN Elder – opening prayer.
2. Byron Williams, CAC/MSOS Legal Counsel – presented closing statement
3. Mona Pollitt-Smith, CAC/MSOS Staff – presented closing statement
4. Peter Miller, TREE/RCM representative – presented closing statement
5. Chris Baker, OPCN Headman – presented closing statement
6. Merrell-Anne Phare, CASIL Consultant – raised procedural issues
7. Leslie Dysart, CASIL Executive Director – presented closing statement
8. Dennis Troniak, DRSIL Legal Counsel – presented closing statement
9. Angus Dysart, DRSIL President – presented closing statement
10. Nelson Hart, Minister in NCN – presented closing statement
11. Vern Anderson, DRSIL Southern Vice President – presented closing statement
12. Carol Kobliski, Spokeswoman, Justice Seekers of Nelson House – presented closing statement
13. Jimmy D. Spence, interpreter
14. Charlie James Spence, interpreter
Clean Environment Commission (CEC) Panel
15. Gerard Lecuyer, Chair of the CEC Wuskwatim panel – chaired, asked questions of presenters.
16. Robert Mayer, CEC panel member – asked questions of presenters.
17. Kathi Avery Kinew, CEC panel member – asked questions of presenters.
Motions filed/Rulings and other procedural matters:
Ms. Phare of CASIL asked whether outstanding undertakings MWS [Manitoba Water Stewardship] 78 and MWS 79 would be forthcoming (she mistakenly referred to these as “MSW” 78 & 79). Mr. Grewar will contact Mr. Topping of MWS to inquire. The chairman indicated that there will be a two week period following the close of the hearings during which CASIL can comment on the responses to the undertakings.
Documents / Evidence Filed:
Exhibits
CAC/MSOS 1012: Closing Argument - June 8, 2004 - Book of References
CAC/MSOS 1013: Speaking Notes: Overview: Uncertainty
CAC/MSOS 1014: Written Commentary on Environmental Impact Statement –
CAC/MSOS
TREE/RCM 1011: Closing Statement from TREE and RCM Regarding the Need for
and Alternative to Wuskwatim Advancement
MMF 1005: Athabasca Chipewyan First Nation v. British Columbia (Hydro and
Power Authority) 2001
MMF 1006: Aboriginal Plant Use in Canada's Northwest Boreal Forest (excerpt)
Robin J. Marles, Christina Clavelle, Leslie Monteleone, Natalie Tays, Donna
Burns. Natural Resources Canada
OPCN-1003: O-Pipon-Na-Piwin Cree Nation closing remarks - Manitoba Clean
Environment Public Hearing - Wuskwatim Generation and Transmission
Projects
CASIL 1015: Closing remarks of CASIL
Undertakings
CAC/MSOS-95: Provide cite of Dr. Higgins' and Mr. Harper's evidence re NUGs re
specific example of hospitals or other large commercial or industrial operations
producing steam
CAC/MSOS 96: Advise of client's views to an expanded role for the Clean Environment
Commission as the independent monitor for all projects which affect the
environment
CAC/MSOS 97: Advise why it would be different, on the environmental side [compared
to the PUB monitoring financial performance], if the CEC were put in a
position and given the necessary resources to monitor the economic advantages
CAC/MSOS 98: Advise if the CAC/MSOS clients happened to see conflict between
applied research and western research and traditional knowledge during the
course of the hearings, if they discussed it at all
Presentation Summaries
The closing statement of the Consumers Association of Canada / Manitoba Society of Seniors (transcript pp. 7303-7353) expressed approval of the Wuskwatim projects, despite the notable uncertainties involved. It pointed to some weaknesses in the NFAAT and EIS processes and recommended ways to rectify these matters for future proceedings.
· “[M]y clients wish to make absolutely fundamentally perfectly clear relates to their conclusion that the project is economically acceptable.” Byron Williams
· “It's not enough to say that Wuskwatim is economically viable. It's critical to establish that it's preferred among an adequate set of reasonable and suitable alternatives.” Byron Williams (The CAC/MSOS maintains that MH/NCN failed to do such an analysis of alternatives on a portfolio basis.)
· “[M]y clients believe [it's] important that there be continued regulatory oversight by the Public Utilities Board to ensure that the economic benefits of Wuskwatim are realized and that the great potential for DSM is not squandered or lost or overlooked in a mad rush to build another dam….
“[T]he performance of Hydro's DSM panel was a most disappointing aspect of that element of the hearing, both in providing clarity to the issues and in providing confidence that there is a strong sense of direction within the corporation.” Byron Williams
· “Sadly, the environmental, psychological and economic scars, a project such as the Churchill River Diversion, are still with us today.” Byron Williams
· “In the end, there has been no real case for why this dam should not be built. The participants have adequately set the stage concerning the impacts of past projects…but they have not established that this project will breach a critical environmental or socioeconomic threshold.” Mona Pollitt-Smith
The closing statement of Time to Respect Earth’s Ecosystems / Resource Conservation Manitoba (transcript pp. 7355-7388) focused on the current absence of, and related need for energy planning that fits into a broad plan for long term global sustainability. It addressed DSM, inverse rate structures, and the need for DSM commitments.
· “[Canadians] are global energy hogs.” Peter Miller
· “Manitoba Hydro's energy planning should be developed against a backdrop of global long-run energy scenarios that include analyses of resource availability, limits and constraints, environmental loadings and impacts, and socioeconomic consequences of alternative paths that can be taken.” Peter Miller
· “Thus, it is not too soon to ask Hydro to provide an end-game analysis for energy supply and demand when the feasible and economic potential is exhausted. The continuous growth in energy production and consumption is not a sustainable trajectory.” Peter Miller
· Peter Miller made reference to the possibility of “making Wuskwatim advancement conditional on a binding commitment to specified DSM investment and performance targets and timetables.”
The O-Pipon-Na-Piwin Cree Nation closing statement (transcript pp. 7391-7406) re-emphasized the uniqueness of OPCN and the need to respect them and treat them as a distinct people. It spoke of the need for a new relationship with Manitoba Hydro and what it would take to develop that relationship.
· “We believe it is time to turn over a new leaf with Manitoba Hydro and develop a new relationship….After all…we shall be neighbors forever.” Chris Baker
· “If Manitoba Hydro is sincere with its stated intentions to enter into relationships with Northern Cree Nations regarding future hydro development, it is only logical that this begin with [South Indian Lake]. If not, the whole approach lacks credibility….” Chris Baker
· “An equity position in Wuskwatim would go a long way toward establishing a new relationship with Manitoba Hydro….” Chris Baker
· Recommendation: “Recognition that adverse effects from the Churchill River Diversion are ongoing outstanding business, that needs to be dealt with too.” Chris Baker
· Recommendation: “Recognition that a social and cultural effect of the proposed Wuskwatim project is a further division of communities and families….” Chris Baker
The Community Association of South Indian Lake closing statement (transcript pp. 7413-57) focused on inadequate inclusion of South Indian Lake resident in the EIS process, inadequacy of cumulative effects assessment, determinations of significance/insignificance of impacts, and compliance with and monitoring of the water levels on Southern Indian Lake.
· “I ask you to watch these images as I speak, and remember that these are the effects that we are talking about when we are talking about Southern Indian Lake and the CRD, and the effects that Wuskwatim and other dams rely on. Wuskwatim will rely upon this destruction continuing.” Leslie Dysart
· “The Wuskwatim project has made our relationship with NCN worse. It has pitted family against family, leaders against leaders.” Leslie Dysart
· "There really isn't a project that I can conceive of that could not get through an environmental assessment if you are willing to pay the consultants to write the umpteen volumes, which are often redundant and not well organized and don't present the data in a coherent fashion. And it's very much the current style of big, big, big companies in Canada that crank these out." Sierra Club of Canada Director Elizabeth May in the Mikisew oil sands development public hearing, as quoted and applied to the Wuskwatim process by Leslie Dysart
· “[W]hy does my community not receive any of the financial benefits that are made off the reservoir that is our lake and our home?” Leslie Dysart
The closing statement of the Displaced Residents of South Indian Lake (transcript pp. 7458-7506) stressed issues relating to procedural fairness, lack of transparency on the part of the co-proponents, the distinction between a “hard sell” of the project and genuine consultation, concerns about the fairness of the upcoming NCN referendum, reasons for the lack of trust between NCN members and MH, the need to deal with past damage before moving on to new dams, and measures to deal with accumulated psychological impacts.
· “We also dispute that [Manitoba Hydro has] done more than enough to deal with the impacts they have created and have provided adequate compensation to those affected.” Vern Anderson
· “As Carol Kobliski said, the wining and dining of Nelson House members as part of the hard sell campaign is not an honest and appropriate consultation.” Vern Anderson
· “Nelson House First Nation should not have to invest millions of dollars and risk its future in a risky commercial venture. Manitoba Hydro should provide guaranteed royalties for the use of their traditional land and resources.” Dennis Troniak
· “[According to the Summary of Understanding] “there are no firm commitments regarding jobs or return on investment.” Dennis Troniak
· “When will Manitoba Hydro and The Government of Manitoba apologize for what they have done to the Cree, Metis and others whose lives have been devastated for cheap power and profit. This will be an important second step to start the healing process….” Carol Kobliski