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LMCI Meeting Summary - BC Transmission Corporation and BC Hydro - 22 May 2008

22 May 2008
Vancouver, British Columbia

Agenda:

• Overview of LMCI
• Discussion
• Next Steps

Stream 1 - Company Interactions with Landowners

• BCTC operates, maintains and plans for additions to the transmission system formerly part of BC Hydro.
• BC Hydro retains ownership of the transmission assets, including property rights and is responsible for acquiring and managing property rights
• BC Hydro and BCTC are primarily regulated by the BC Utilities Commission (BCUC) and under the BC Environmental Assessment Office's (BCEAO's) authority for environmental assessment - how do NEB's expectations of companies complement provincial standards?
• Key distinction between power lines and pipelines - is that one can see above ground facilities, which is an important safety consideration.
• Need to contact landowners with respect to gaining access to do vegetation control.
• Consultation and communication with landowners also takes place with respect to construction issues (nuisance, noise, timing) and regarding ongoing issues (EMFs, property value).
• BCTC developed an EMF program to respond to public questions - most interest in EMFs takes place when new projects are proposed or when landowners are buying property with power lines on it.
• BCH/BCTC look to government health agencies (eg. W.H.O., Health Canada, BC Centre for Disease Control) as the experts on this issue.
• Health Canada and the Federal-Provincial-Territorial Radiation Protection Committee (FPTRPC) have developed position statements on EMF which are based on their review of the EMF research.
• With respect to the acquisition process, for projects that are reviewable by the BCUC (i.e. major capital projects), landowners are consulted prior to the submission of the BCUC application and as required throughout the project process.
• BC Hydro uses property negotiators - in-house and/or contract agents.
• Property appraisal is done by a certified appraiser as the basis for negotiation with the landowner for compensation.
• BC Hydro's approach is to negotiate a settlement. Failing that to offer third party mediation to reach an agreement..
• The BC Expropriation Act provides the guidelines for how compensation is decided. Compensation for land is based upon "fair market value", which is determined by the professional appraiser.
• If there is still no agreement through negotiation and third party mediation with the landowner, BC Hydro offers to enter into a Section 3 agreement (sometimes referred to as a "friendly" expropriation) under the Expropriation Act. The owner agrees to the taking and but not to the compensation. The compensation issue can be adjudicated by the Supreme Court of BC.
• The last resort, if negotiation, mediation and a Section 3 agreement cannot be reached, is to proceed with a Section 6 Expropriation of the Expropriation Act - a "forced" taking of land. This occurs rarely and only if the landowner doesn't agree with the compensation or the taking of the land. BC Hydro attempts avoid this course of action.
• Property negotiators don't have the final word on commitments made by the company to the landowner with respect to compensation negotiations. Don't have the authority to finalize deals on behalf of companies unless pre-authorized.
• Property negotiator is obliged to communicate concerns and issues from the landowner back to the company.
• BC Hydro doesn't typically ask for confidentiality clauses in deals with landowners.
• BC Hydro does not discourage landowners against consulting with landowner associations or lawyers - often suggest landowners seek legal advice and sometime BC Hydro will fund reasonable legal support for landowners up to a certain  amount.
• BC Hydro doesn't have difficulties dealing with landowner representatives during negotiations but the landowner ultimately signs off on the deal.
• BCH/BCTC provide a 1-page guideline for landowners that describes their rights and options in the acquisition process.
• What would the role of the BCUC/the regulator be in informing landowners of their rights and options in the acquisition process?
• BCH/BCTC also provides a document to landowners that describes which activities are permitted in the right of way after the land is acquired and the power lines are constructed.

Stream 2 - Improving Access of NEB Processes

• Past project, an underground transmission line, concerns over EMFs was an issue.
• BCUC commissioned an independent witness from the BC Centre for Disease Control (BC Cancer Agency) who provided expert evidence and could field questions from concerned citizens, government, and industry in the hearing on EMF issues.

Stream 4 - Pipeline Abandonment - Physical Issues

• Abandonment issues and principles related to submarine cables could be similar to issues on undersea pipelines.
• BCUC addresses abandonment on a project-by-project basis. Some towers are left in place.
• VITR cable replacement - new cables are being placed while older ones are removed.
• Has the NEB spoken with provincial regulators on the issue of abandonment?

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Date Modified:

2011-10-28