The controversial Heartland power line will face judgment in front of the Alberta Court of Appeal, but the government has no plans to stop its construction while the decision is pending.
A decision issued last Wednesday found there were enough issues with the Alberta Utilities Commission hearing to have the case go before the three-judge court. Court of Appeal cases face a two-stage process: applicants must first prove they have a legitimate case to argue before the court, and then have the panel decide on it.
Earlier this month local lawyer Keith Wilson argued for the case to be heard at the appeal court on behalf of Sturgeon County councillor Karen Shaw. Wilson argued there was the appearance of political interference in the process to approve the lines and that the Alberta Utilities Commission (AUC) misinterpreted the legislation surrounding the hearings.
Wilson argued for the hearing because he believes the AUC erred last year when it failed to consider the social and economic costs of the lines.
Previously, the commission was asked to look at the need for new power lines along with their potential routing, but the government's controversial Bill 50 made the need for lines a decision of the provincial cabinet and left only the routing to the utilities commission.
In his decision, Justice Ronald Berger wrote that given the potential for many future power lines, the commission's interpretation is worth the appeal court's consideration.
"In my opinion, it is imperative in the interests of certainty and consistency that this court pronounce on the issue."
Political interference
Hearings on the Heartland line wrapped up almost a year ago and the commission approved the line last October. Days before that decision was rendered, however, Energy Minister Ted Morton asked the commission to suspend its process on the line and two others, before Premier Alison Redford corrected him and told him she wanted the Heartland line to proceed.
Wilson argued if the minister had wanted to suspend the process he could have applied for the government to intervene and by not following the process he showed at least the appearance of bias.
Berger said that would have been better than the letter Morton sent asking for the suspension.
"It seems to me unfortunate that the more formal course was not pursued," Berger wrote.
EPCOR, one of the companies constructing the line, is reviewing the court's decision and respects it, said spokesperson Anna Neale.
She emphasized the decision only allows for a hearing.
"The ruling is basically granting permission for the appeal to proceed. It is not necessarily based on the merits of the appeal," she said.
Possible injunction
Wilson said he would still have to review the decision in greater detail and consult with the Shaws, but he said it is possible he will ask the court to stop any construction or work on the transmission line until the appeal court hears the case.
He said an injunction might make sense, because Albertans will eventually pay for the lines on their power bills.
"We are all starting to pay for these transmission lines already on our monthly power bills," he said.
The cost of the line is not currently on Albertans' bills, but will be when the line is finished and becomes operational, said Neale.
She said EPCOR has no plans to change course and will continue work on the line.
"This decision does not affect the construction of the project," she said. "We have not been directed by the courts or the AUC to cease construction, so unless otherwise directed we will continue."
Both the department of energy and the AUC said they do not intend to take any action to halt construction
"This is before the courts and there is a process in place and we respect that process," said energy department spokesperson Bart Johnson. "The latest ruling in place is from the AUC and says the line will be built."
Johnson said the department has no intention of stepping in.
"Unless and until there is a body that directs construction stop, it will continue."
Wildrose Senate candidate Vitor Marciano said his party would stop construction of the line. He said the entire process for building the power line has been badly managed.
"No aspect of this process has ever been straightforward."
Liberal leader Raj Sherman also said there were issues with the process.
"This whole bill has just been a mess by the PCs and after the election, if we are given the ability to govern …. we are going to put a stop immediately to the building of any power line."
