White Pines Wind Project Remedy Hearing Motions

On October 5 the Tribunal suspended the remedy hearing schedule in order to adjudicate a number of motions from APPEC.   The Tribunal’s rulings on the motions could be days, weeks or even a month-plus away.

1. Referral to the Director
This motion is for an Order of the Tribunal to remit the REA (Renewable Energy Approval) for the White Pines wind project back to the Director of the Ministry of the Environment and Climate Change (MOECC) for reconsideration in light of the amendments proposed by wpd.  A large number of significant amendments to the Project have been proposed.  As a result this Project can no longer be said to be the Project “as approved” by the Director.

2. Striking Respondents’ Evidence
Affidavits from witnesses for wpd and the MOECC raise issues that as a matter of law could only be properly raised at the main hearing.  In effect both wpd and the MOECC are seeking to re-litigate large portions of the hearing that have already taken place.

3. Motion re New Evidence
On April 5, 2016 APPEC obtained aerial photographs, taken by a drone, of the large-scale clear-cutting at T16 and T17.  The devastation of the construction from only two sites clearly demonstrates just how pervasive and severe the construction process actually is. This motion is for an Order to admit this new evidence pursuant to the Tribunal’s Rules 233 and 234.

4. Disclosure Motion
APPEC requests an Order from the Tribunal directing that wpd and the Director provide any documentation in relation to their witnesses that were considered by these witnesses in the formulation of their opinions for the remedy phase.

5. Clock Stop Motion
The hearing as contemplated by the Tribunal cannot be completed within the remaining hearing time under O. Reg. 359/09 s.59 (i.e., the Green Energy Act).

6. Motion for Recusal
This motion is for an Order that the presiding Tribunal members be recused.  APPEC respectfully submits that there exists a reasonable apprehension of bias in this matter.

7. Motion re Refusals on Cross-Examination, etc.
This motion is for an Order of the Tribunal directing wpd witnesses Dr. Scott Reynolds, Khlaire Parre and Shawn Taylor to re-attend to answer questions arising from their cross examinations on September 29, 2016.

8. Motion to Admit Studies Arising from the Cross Examination of Dr. Brock Fenton
APPEC seeks an Order of the Tribunal admitting into evidence two studies on Little brown bats referred to by Dr. Fenton that he authored in 1969 and 1970 in response to questions during his cross examination on September 28, 2016.

9. Motion to Admit Documents provided to wpd prior to the commencement of cross examination of its witnesses on September 29 as follows:

  • Two scientific papers presented to Dr. Reynolds, wpd’s expert on bats. The 2016 report was only accepted for publication in June of 2016, and even Dr. Reynolds was not aware of it.
  • The announcements put to Klaire Parre, wpd’s Director of Renewable Energy Approvals, regarding the current supply of energy in Ontario and the decision of the Ontario Government that was announced two days before to not seek to procure any additional power from largescale renewable energy projects.
  • Photos from Amherst Island that were put to Shawn Taylor, wpd’s ecological and construction mitigation expert, that deal directly with Blanding’s turtle and the issue of areas where they are likely to travel, notwithstanding compaction, etc.
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