May 15 OPAF Update – Cheryl Anderson

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The 40 day ERT hearing is turning into 40 hours of teleconference.  After 2 teleconference calls this week the ERT has scheduled another call for next Thursday to finalize the Parties schedules.

The issues that must be decided before proceeding to the renewal of the ERT hearing as ruled by the Appeal Court are:

1)      Will Gilead Power succeed in stopping PECFN from giving evidence in response to their ‘new evidence’ brought forward after the Tribunal decision revoked their approval?  That new evidence was a proposal to put gates on the access roads, curtailing vehicle traffic and supposedly turtle mortality.  PECFN should be allowed to respond with evidence proving that it is the building of the access roads and the turbine bases that will cause the irreversible harm in the first place.  At present, it appears that the decision on PECFN’s ability to respond will be argued orally on July 14. PECFN has requested a full 3 day hearing to be held in Prince Edward County in the first week of September.

2)      Will South Shore Conservancy, represented by Chris Palliere, be allowed to be a Party at the renewed ERT hearing?  Submissions to this issue will be made in writing to the ERT by all parties.  Nature Canada intervened at the Appeal Court and may also seek similar status to SSC at the ERT.

The ERT will then make a decision on those issues.

At present there is no definite date for the new ERT hearing.


Cheryl Anderson




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