Pipeline Land Agent Bullying

Brad and Karen Davis own and operate a sheep farm in Eastern Ontario. Following is their personal story of their experience with pipelines, dealing with pipeline company land agents and the effects of the National Energy Board (NEB) Act.

We purchased our farm in September 2012 knowing there were pipelines running through the farm, but not having any knowledge of what exactly that meant to us. Our farm is 400 acres with the pipelines splitting the farm into north and south halves. We operate a pasture based sheep farm where all 400 acres are used for rotational grazing.

Click Here to Read More

white

Livingstone Landowners Group asks Premier Notley to reconsider $500M infrastructure project

Pincher Creek Voice

Sunday, June 21, 2015

Livingstone Landowners Group press release

  1. The Livingstone Landowners Group (LLG) does not endorse any AltaLink route proposals, as we are not proponents of a new power line in the area.
  2. Given the values at stake and recent changes in the electric energy sector, LLG has requested the Premier of Alberta to re-evaluate the need for this proposed line and consider whether it should be deferred or cancelled.
  3. The cost of proposed line has ballooned from original estimate 7 years ago of $189 million to somewhere between $350 and $750 million now. The line will be paid for by Albertans and Alberta businesses through increases to electricity bills – a high price to pay for something that, based on the original assumptions, is now unnecessary.
  4. The LLG engaged a recognized engineering expert and has provided AESO with two alternatives that are one fifth of the cost and would have minimal environmental impact.
  5. The South Saskatchewan Regional Plan (SSRP) sets clear direction that new development should minimize landscape fragmentation and be concentrated in existing developed areas. The LLG supports this policy direction.

Background:

The LLG believes the proposed new AltaLink transmission line could have significant negative impacts on sustainable agriculture operations, native biodiversity and one of Canada’s most scenic landscapes.

Ongoing changes in the energy sector have resulted in re-evaluation and subsequent cancellation of other portions of the Southwest Alberta Transmission Reinforcement (SATR) that were previously considered necessary. In light of this, and given the significant environmental risks, the LLG has asked Premier Prentice to order a re-assessment of the SATR including the need for new transmission capacity in our area. The risk of lasting harm warrants careful consideration of whether a costly new line is even needed.

LLG has advised AltaLink that, should a line be developed, it is essential to avoid native fescue grassland and other sensitive environmental areas that are difficult or impossible to fully restore, and to avoid further fragmentation of a landscape of which our members are careful stewards. The SSRP provides policy direction for development in our area. Released by the Government of Alberta in September 2014, it specifies that new development must be concentrated whenever possible in areas already disturbed by previous development.

AltaLink’s routing options presented in January for the proposed transmission line demonstrate that the company understands our concerns and the SSRP policy direction and can find route options that use existing industrial corridors, but also that the company remains willing to deviate into environmentally-sensitive lands where a new line would cause lasting harm.

All of AltaLink’s new route options violate the SSRP and would further fragment and industrialize the LLG landscape. Part of one new route option in particular, impinges on an important wildlife corridor and natural habitat whose protection has been the subject of significant investment by Albertans, the Southern Alberta Land Trust Society, the Nature Conservancy of Canada, and the Government of Alberta.

Centre Peak – the highest point on the Livingstone Mountain Range and Chapel Butte in front (photo 18 May 2015) – part of the viewscape along the Cowboy Trail – Hwy 22, considered among the top ten most scenic drives in Canada.

The premise in SATR for the Castle Rock to Chapel Rock transmission line has been: a) to allow more wind development in the Pincher Creek area; and b) to provide “redundancy” to avoid a repeat of the 2011 power generation shortage. Both premises are no longer true or needed based on AESO’s own analysis. New wind development in the area is not needed and the new generation capacity (wind and natural gas in other areas) has effectively negated the redundancy issue. It appears that moving forward with this line is largely in AltaLink’s interest but with little concern for the public interest. In a time of economic restraint, unnecessary infrastructure development would not be prudent.

The LLG believes existing wind generation in the Pincher Creek area is functioning well with recent transmission upgrades and does not need this added Castle Rock Ridge-Chapel Rock line. Over 90% of the proposed wind projects in the AESO queue were initially stalled by lack of transmission access; however, these projects are no longer economically viable due to wind pattern in the Pincher area creating a discounted price for producers and new wind turbine technology favoring development elsewhere. The AESO must stay current with market realities to ensure costly transmission projects are not built using outdated rationale.

LLG supports the development of wind and other forms of alternate energy as a means of reducing Alberta’s reliance on coal-generated electricity and to improve our energy reputation. We note, however, that improvements in wind generation technology actually reduce the likelihood of new wind farms in our region because new wind plants are most productive at lower wind speeds and are vulnerable to damage from the extreme gusts that are common in this area.

The LLG is committed to the principle that any necessary development in this area must respect its unique environmental attributes, agricultural stewardship and wealth of natural capital. If industrial development is deemed necessary, it should be conducted with best practices that protect wildlife habitat and sensitive environments for all Albertans and with minimal impact on sustainable agriculture and world-renowned scenic landscapes. Proposed development must adhere to policy direction contained in the SSRP approved by the Government of Alberta under its land-use framework. Burying transmission lines may be a viable alternative where sensitive areas cannot be avoided by careful route selection as well as where the line unduly affects residents’ views.

Please take the opportunity to learn more about the project and express your concerns. More information is available on the AltaLink website: www.altalink.ca/projects/CRRCR.

To learn more about the Livingstone Landowners Group, please visit: www.livingstonelandowners.net

Contact:

Let’s prevent the mess that now obstructs the view from Pincher Creek from happening again along the Cowboy Trail – Hwy 22.

white

Letter from Grant Thornton proposing to resiliate lease agreement

I am forwarding an email from Keith Wilson concerning attempts by Verity to resiliate (cancel) a surface lease so they no longer have to pay annual rentals, and possibly may no longer need to reclaim it as well.

I am becoming very concerned with the Oil Industry’s attempts to circumvent the intent of the Surface Rights Act and other legislation put in place to protect landowners when Industry comes on there land.

There are four main areas where the SRB and Industry is circumventing the intent of the SRA.

1)  The Board refuses to deal with Section 36 applications where the Operator has bankruptcy protection.

2)  The Board commonly only awards 25% of what is owed in Section 36 Recovery of Rentals owing.

3)  The Board apparently is stating that it cannot order the Minister of Finance to pay landowner legal costs for dealing with any Orphan or Bankrupt company situations.

4)  Oil companies are attempting to cancel leases so that they will not have to pay landowner annual compensation, and possibly will not need to reclaim surface leases.

It looks like there will be hundreds of Oil and Gas companies going bankrupt and they are seeking to leave landowners holding the bag.  The PC government was warned that this could happen and they did nothing to protect landowners.  It remains to be seen what the NDP government will do.

In the meantime, the Surface Rights Associations are going to need to fund some legal challenges, or at least help pay landowner legal fees in challenging some of these Operator tactics.  This is simply too important and will have serious repercussions if not stopped.

Please circulate this to your SRA directors and landowners who may be willing to help fund these legal challenges.

Daryl Bennett

The Companies Creditors Arrangement Act is more complex and uncertain than the Bankruptcy and Insolvency Act.

It is not clear that the Verity can resile (cancel) the leases.  It may be possible to convince a court that leases have to remain in place.

It is possible that if the leases are cancelled under the CCAA that the Board may not award any further compensation under section 36 and the landowners will be left on the hook.

If the court is made to understand that these are not ordinary commercial leases (see arguments in Lemke) and if the court is made aware of the provincial statutory provisions prohibiting the cancellation of leases without there being a reclamation certificate, and if the court is informed of the hardship that the landowners will suffer, the court may deny Verity’s plan to cancel the leases.

A lawyer would need to serve immediate notice on Verity, the monitor and parties that an application will be made to the court to challenge the plan.  That notice would have to be circulated tomorrow, Friday, June 5th, 2015.  Then an application would have to be brought forward in the Court of Queen’s Bench in Calgary before June 22, 2015.

Immediate action needs to be taken.

I have hearings starting on June 15th and would not be able to bring the application to the court on the Verity matter.  Alex Mosaico, the lawyer who has been assisting me on the sec. 36 matter, may be in a positon to take this on.

I have copied Alex with this email.

Let me know your thoughts on this.

Regards,

Keith Wilson

Notley’s new, but Alberta’s old budget problems linger

This 1 Cartoon Perfectly Sums Up The Alberta Election

Posted: Updated:
There was no shortage of articles, opinions and analysis this week that aimed to break down the stunning election results in Alberta, where an NDP majority government will end 44 years of Progressive Conservative power.

But sometimes even a simple comic, like the one below by Bruce MacKinnon, can sum up a colossal political shift.

election

Reddit user pixelpumper shared the image by MacKinnon, a Halifax Chronicle Herald cartoonist, on Reddit Friday, although some didn’t understand the reference.

“Context for this one?” one user wrote.

Another user put it this way: “After over four decades of electing a right-wing government, Alberta has turned left.”

white

AltaLink backs out of Pass route

By John Stoesser, Pincher Creek Echo

AltaLink, the Berkshire Hathaway owned-transmission system developer, ruled out the Bellevue route for their Castle Rock Ridge to Chapel Rock project due to residential impact, constructability access and cost, leaving three possible power line pathways within the MD of Pincher Creek.

The company is continuing individual landowner negotiations and holding three additional open houses late this spring to solidify a main and alternate route for the proposed CRRCR project before applying to the AUC for approval this fall.

“Based on our analysis of a number of different things we’ve chosen to eliminate that [Bellevue] route for consideration,” Peter Brodsky, an external communications manager with AltaLink said during a phone interview.

“Accessibility and constructability are relatively challenging there,” he said. “A lot of the areas are not accessible by our equipment and with the strong rock formations below the property they’re difficult to drill into…It’s also very high residential impact. It’s probably the most densely populated area along this project’s southern loop route. Just the number of interactions with residential properties made it less attractive as an option.”

The spokesperson also noted that the company identified critical environmental areas in the region.

The Crowsnest Pass council was vocal in their objection to the proposed transmission lines running through their community, releasing a letter late March that claimed the project would damage the marketable landscape of the area.

The MD of Pincher Creek council has not publicly stated a position on the project.

Brodsky was adamant that the decision to remove Bellevue as a possible route location came after contemplating all the factors involved.

“Putting all those together in consideration it just didn’t make sense to pursue that portion of the route from Lee Lake to Bellevue,” he said.

“I don’t think it’s a question of trying to prioritize the conditions, it’s looking at the overall conditions.”

Brodsky indicated that route would have been the most expensive.

Kevin Thorvaldson, an AltaLink stakeholder engagement manager, summarized residents’ concerns in a letter. He says the company is now considering the use of underground power lines in areas of high visual value, something that AltaLink has strongly denied as a possibility in the past.

“It’s a serious discussion,” Brodsky said. “We wouldn’t put an option on the table if it wasn’t under serious consideration. That’s why we’re looking for input from residents.”

Brodsky noted he could not identify specific areas that may be considered for underground lines but that AltaLink would bring preliminary options to the upcoming open houses.

Thorvaldson also identified that residents are concerned the proposed project might negatively affect fragile areas of environmental significance. The Livingstone Landowners Group, that has disagreed with the CRRCR project, commissioned a number of maps of the area that studied vegetation, animal migration and water drainages. AltaLink is now taking these maps into consideration.

The company must also conduct their own environmental surveys and include them in their facility application to the AUC.

“We have both in-house environmental experts as well as contractors we would hire to go in and do environmental surveys of flora, fauna, flight patterns for birds,” Brodsky said. “All of that goes into consideration when we’re firming up the final routes.”

In terms of the consultations between AltaLink and landowners, the company keeps records of their conversations and gives the participants a chance to validate them.

Once a deal is reached, “We subject ourselves to a non-disclosure,” Brodsky said. “We won’t let a neighbour know what agreement we signed with a given neighbour. But the landowners themselves are not subjected to a non-disclouse. They can talk to whomever they want about it.”

There are three open house coming up this spring on May 26 from 3 to 7 p.m. at the Community Hall in Cowley, Alta., May 27 from 3 to 7 p.m. at the Heritage Inn in Pincher Creek, Alta. and June 2 from 3 to 7 p.m. at the Coast Plaza Hotel in Calgary, Alta.

“This time we’re trying something a little bit different,” Brodsky said. “We’re actually going to have an open house on June 2 and that’s in recognition that there are a number of Calgarians who have summer residences in the area.”

The proposed CRRCR project is expected to cost between $500 million and $750 million.

It includes building a new substation, building a new 240 kilovolt double circuit transmission line approximately 20 to 41 kilometres in length from the existing Castle Rock Ridge Substation to one of the proposed Chapel Rock Substation locations, building approximately one to 13 kilometres of new 500 kilovolt transmission line depending on the location of the Chapel Rock Substation, building a new telecommunications tower and expanding the existing Castle Rock Ridge Substation.

white

AltaLink announces more public consultations re Castle Rock Ridge to Chapel Rock transmission line

Tuesday, April 28, 2015

Pincher Creek Voice

As posted on the blog of Crownest Pass Councillor Dean Ward, the following correspondence from AltaLink is reprinted here in its entirety. As noted by Ward, it appears that the AltaLink Castle Rock Ridge to Chapel Rock Transmission Project will not be going through the Pass. (Related reading: Crowsnest Pass council opposes transmission line).

AltaLink

Dear Municipal Stakeholder:

Today, as part of my commitment to keep you informed of AltaLink’s projects in your area, I’m pleased to send you the Castle Rock Ridge to Chapel Rock round 2 public consultation material being mailed in the coming days to the landowners and stakeholders in your Municipal District. AltaLink will also be providing your municipal office with printed versions of this material so you’ll have exactly what stakeholders will receive in their mail boxes. All the project details and the proposed schedule are shown in the Newsletter and other information attached.

AltaLink has refined the routing under consideration by adjusting some proposed routes and eliminating other routes and substation sites. The Dropped Route Letter will only be sent to the Stakeholders whose land is on dropped routes but is included in this email for information purposes.

The proposed project includes:

  • A new substation, to be called Chapel Rock Substation, located near the existing 500 kV (500,000 volts) 1201L transmission line. The proposed substation site will be approximately 255 by 210 metres (820 by 1,150 feet).
  • The existing Castle Rock Ridge Substation will be expanded as part of this project to accommodate the termination of the proposed new 240 kV transmission line. We are proposing to extend the northeast and northwest fence by approximately 25 metres (82 feet) in each direction.
  • Approximately five to 15 kilometres (3.1 to 9.3 miles) of two new, single circuit 500 kV transmission lines will also be required. The length of these lines depends on the location of the Chapel Rock Substation. We are proposing to use two single circuit, guyed structures for the portion within the hills west of Highway 22. These structures will be used for straight portions of the line. At locations where the line deflects, self-supporting steel lattice structures will be used.
  • Approximately 24 to 37 kilometres (15 to 23 miles) of new double circuit 240 kV transmission line from the existing Castle Rock Ridge Substation to the proposed Chapel Rock Substation. Final line length is dependent on the route approved by the AUC.

There are numerous ways for the public and stakeholders to provide input including:

AltaLink

Alberta Electric System Operator (AESO)

Alberta Utilities Commission (AUC)

  • email at [email protected]
  • calling at 780-427-4903 (You can call toll-free by dialing 310-0000 before the number.)
  • white

PCs: Prentice reconsiders charitable tax credit changes

By Lethbridge Herald on April 21, 2015.

Joined by members of the Calgary philanthropic and charitable community, Progressive Conservative Leader Jim Prentice said today that after hearing directly from Albertans during the course of the election campaign, he has reconsidered the reduction to the charitable donation tax credit in the budget, and a PC government will maintain the previous rate.
“I’ve said during this campaign that leadership is about difficult and sometimes unpopular choices,” Prentice said. “But hearing from Albertans during this campaign, it’s become clear that this choice was more than simply unpopular. Rather, Albertans have told me it was seen as contrary to our values as Albertans – values of generosity, community, and looking out for one another. These are the leaders who manage your charitable dollars to deliver critical services and cultural excellence.These are the people we turn to, to help build and support our communities and we cannot tolerate even the impression that we might put that in jeopardy.”
Prentice pointed out that the measure would have resulted in savings of about $90 million annually, but that not moving forward with the change will not affect the timeline for balancing the provincial budget.
“Our plan has fiscal discipline at its core,” said Prentice. “This is a small change, but an important one and one we must take to respect what Albertans have told us. We will continue to move forward with a realistic plan, taking immediate action on challenges we face, while breaking the boom and bust cycle and saving for future generations.”
white

‘It’s hard to admit you are wrong, but . . . ‘: Prentice reverses budget plan to cut charity tax credit

April 21, 2015 1:00 pm

Calgary Herald

James Wood is with the premier today on the campaign trail.

And here’s his file.

The Tories got it wrong in reducing the tax credit on charitable donations, tPC Leader Jim Prentice acknowledged today as he announced plans to reverse course and restore the original credit.

While the move was hailed by charities, Prentice’s change of heart on the tax credit drew little applause from his opponents on the campaign trail.

In last month’s provincial budget, the Progressive Conservative government rolled back the Charitable Donation Tax Credit to 12.75% from 21% on donations of more than $200.

The government said it would save $90 million with the move and that the rate had been ineffective in boosting donation rates since it was introduced in 2007.

But speaking to reporters, Prentice said he had heard loud and clear that Albertans weren’t happy with the changes.

“It’s hard to admit you are wrong but it is also important to know when to do so. This is how government is supposed to work,” he said at a campaign event at the Sheldon Kennedy Child Advocacy Centre.

“Today, I need to admit that we got one very important thing wrong in our budget proposal . . . we risked putting the good work of Alberta’s many charitable causes and the work that they do at a disadvantage.”

The premier said the Tories will now retain the current 21% rate. The Liberals, Wildrose and NDP had all slammed the budget change by the Tories and had promised to reverse the move.

NDP Leader Rachel Notley said the PC decision in the first place “was definitely evidence of the wrong priorities by Jim Prentice.”

“We’ve heard from people from all sectors who say that that tax credit is critical to helping them contribute to community growth and community support across the province,” she said in Edmonton.

In a news release, Wildrose Leader Brian Jean called the government’s original decision “cruel.”

“Albertans can’t trust the PCs after an election to not hurt charities,” he said.

The budget — which includes tax hikes and a spending freeze as part of an effort to wean the government from its dependence on energy revenues — is the centrepiece of the PC campaign ahead of the May 5 election.

Prentice said he did not foresee any other changes to the document.

The Tories appear to be in a tough three-way fight with the Wildrose Party and NDP, and have been slamming the other parties for inadequate costing of their platforms.

Prentice was not specific over where the Tories would make up the $90 million lost by not changing the tax credit, noting it would be found through “savings elsewhere” He said it would not affect plans to balance the budget by 2017-18.

Eva Friesen, president of the Calgary Foundation, said the tax change had struck a sour note in the charitable sector, especially with the state of the provincial economy.

“When charities were finding fundraising difficult at the best of times because people are being laid off and corporations are sponsoring less … to alter the climate of giving to potentially diminish donor giving was worrying,” said Friesen, one of a number of charitable leaders who appeared with Prentice Tuesday.

“It’s good leadership to recognize when you make a mistake,” she added.

Herald reporters and columnists immediately saw it as a PC reaction to polls showing the party tied with the Wildrose and NDP parties.

 white

Sparks fly at Lethbridge West forum

April 22, 2015.

Nick Kuhl

Lethbridge Herald

[email protected]

To no one’s surprise, it was health care, education, and even fracking, that dominated discussion during an often heated Lethbridge West provincial election forum Tuesday night.

In front of a capacity crowd at the Lethbridge Public Library’s Theatre Gallery, candidates Ron Bain of the Wildrose, the NDP’s Shannon Phillips, Sheila Pyne of the Liberals, and incumbent MLA Greg Weadick of the Progressive Conservatives, had their chance to share their ideas and party platforms with local voters.

The forum, presented by the library and the Southern Alberta Council on Public Affairs, used pre-written SACPA-formed questions, as well as an audience question and answer period.

Staff actually had to turn people away about 10 minutes before it began, due to fire code regulations, and an additional crowd of about 25 simply listened through speakers in the lobby as the candidates fielded two rounds of questions, starting in alphabetical order by surname.

Bain had the first one, which asked how the $19-billion provincial health-care industry can have so many problems. He suggested Alberta needs a return to open government through a balanced budget.

“We’d like to reduce the bureaucracies,” Bain said, adding the government needs to stop giving away “ridiculous severance packages.”

Phillips was asked if Alberta has a revenue or a spending problem, or both. She replied with detailed information on how the NDP would present a “very modest fiscal plan” and would “set the right priorities.”

She also said the PCs’ deep cuts to education and health care won’t stand any longer. “The wheels are coming off the bus” after 44 years of PC control, Phillips said.

Weadick countered that his party is creating for the future, citing local examples of the Chinook Regional Hospital expansion and new forthcoming buildings at both Lethbridge College and the University of Lethbridge.

He was also asked about how the government is managing royalty rates with oil and gas companies. He said he was “not afraid to look at how royalties” both work and would work moving forward.

“It’s good that Mr. Weadick will look at royalties because his premier does not,” Phillips sharply rebutted.

“It’s time for change,” Bain also interjected.

Pyne, who agreed that big cuts are to health care and education are not acceptable, was asked about oil profits and her stance on fracking.

“Cities and towns should definitely have the ability” to make their own decisions on the topic, and that the Liberals would support other renewable options through enhanced research. She added the Liberals would be able to ease student debt through grants and bursaries because of corporate tax adjustments.

Maria Fitzpatrick of the NDP, Tammy Perlich of the PCs, the Wildrose’s Kent Prestage, and Bill West of the Liberal party, will try to make an impression on Lethbridge East voters during a forum at Country Kitchen Catering tonight from 7 to 9:30 p.m.

The Alberta election is set for May 5.

white