The AEUB / PI Mess in Alberta - Summer of 2007

By far the biggest story in the private investigation world in Alberta in 2007 was a scenario where the energy and utility regulatory agency in Alberta, at that time known as the Alberta Energy and Utility Board, AEUB, actually hired private investigators to provide intelligence on a group of landowners concerned about a proposed transmission line to be constructed by a company known as “Alta Link”.

Rainbow Investigations has two stories on this matter – the first one is a story of the affair, in as factual a manner as we understand it. Secondly, Rainbow Investigations will provide some commentary on this rather unfortunate affair, which as we say, has had significant media play throughout Alberta throughout 2007.

A government agency known as the Alberta Electrical Systems Operator (AESO) has the responsibility for overseeing the electrical system in Alberta. During December of 2005, AESO applied for regulatory approval for a new 500-kilovolt transmission line to go from Calgary to Edmonton. An AEUB panel determined that such a line was needed.

Once this initial approval was granted, Alta Link was selected by the AESO to actually construct the line, and Alta Link needed a permit from the AEUB to proceed. Hearings on the proposed construction of the transmission line began in the fall of 2006.

Virtually immediately, landowners had concerns about the proposed transmission line. Many landowners did not agree with the “need” arguments, and there were concerns about lack of notice of the process going through to the AEUB.

Over the next six months, various pre-hearing meetings, along with a ruling to have the need argument re-visited all took in an intertwined and confusing process. Then in March 2007, the AEUB affirmed the need for the transmission line. Subsequently, this decision was appealed to the Alberta Court of Appeal.

On March 12, 2007 the formal hearings into the Alta Link application took place. Over the next month, the process was flagged with adjournments, and little progress was made.

Then on April 16, 2007 in an upstairs room at the Westerner Park in Red Deer the hearings attempted to continue, but on this occasion the meeting was particularly contentious. The meeting was going on to jeers and cheers, and with continual interruptions. At one point a group of older women disrupted the meeting by congregating in front of the panel and began to sing protest songs.

Apparently, one of the landowners got into a shoving match with an AEUB panel member.

This same style of meeting continued on for two more days, until the AEUB panel finally adjourned the hearing on April 18, 2007.

At this point the AEUB panel sought advice from the AEUB Security Unit (which has since been disbanded).

The Security Unit assessed the security threat to the panel as 4 out of a scale of 5 with 5 being an immanent threat.

After assessing where to continue hearings, the AEUB decided to go to the courthouse in Rimby, Alberta to continue hearings. As the courthouse did not have the capacity to hold all the interested stakeholders, the overflow crowd watched the proceedings on a closed circuit television at a nearby recreation center.

The Security Unit of the AEUB did manage to secure some security assistance for the meetings from the Rimby RCMP along, with 3 sheriffs from the Solicitor Generals’ Department.

However, prior to the meetings, the head of the AEUB Security felt this was not enough security, and then canvassed various firms in the security / private investigation business to provide more assistance. A PI firm subsequently was hired, to provide 3 PI’s to attend the Rimby hearings and covertly, in plain clothes, observe landowners. The PI’s were to report any threats of violence to the AEUB Board and staff. This was a verbal contract between the AEUB and the PI Agency.

Over the period from May 14 through to June 6th, three PI’s at various times attended the hearings with the purpose of reporting the number of people, and noting any signs of violence or organized disruptive actions during the hearings.

Subsequently, one of the PI’s who integrated himself with the landowners actually was given the opportunity to participate on a conference call with the landowners. Apparently, he only participated in one call.

On June 19th, 2007 the story of the hired PI’s covertly monitoring the meetings broke with the media - click here.

As the story developed, the participation on the conference call was discovered - click here.

On July 4th, 2007, Premier Stelmach ordered an investigation into the matter - click here.

On September 7th, 2007 Retired Justice D.W. Perras provided a report on incident - to access the report, click here.

Subsequently, the Security Unit at the AEUB was disbanded - click here and then an Executive Manager of Freedom of Information and Protection of Privacy was hired - click here.

The stories had a huge effect on the oil and gas industry as evidenced by the industry paper, the Tar Sands Watch - click here. and as time went on, more of the information continued to come out - click here.

Finally the AEUB cancelled all the hearings into this matter, and cancelled the approval for the transmission line, essentially setting the whole process back to square one - click here.

Most recently it now appears the AEUB is now being reorganized into two divisions – the Alberta Utilities Commission and the Energy Reserves Conservation Board. Recently advertisements have gone out in Calgary based newspapers for the filling of management positions on the two new government agencies.

So indeed, it was a stormy summer on the energy regulation front in Alberta in 2007!

Date of Story: Wednesday, October 31, 2007
Story Posted By: Ron Reinhold
Source: Ron Reinhold

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