N.B. Power

New Brunswick's Energy and Utilities Board has found that an intervenor in a hearing acted unfairly by failing to disclose any third parties it might have ...

"It seems obvious, at least to me, that Saint John Energy was hoping to have... were sort of almost on the same page," Williams said. However, N.B. Power lawyer John Furey last month accused Marshall of secretly representing undisclosed third parties, leading to Marshall's admission that Saint John Energy and Liberty Utilities are clients of his consulting firm. However, on board chair Francois Beaulieu's suggestion, they agreed to discuss the matter through an in-camera alternate dispute resolution process. The parties agreed on forwarding to the board an order that WKM Consultants breached the board's rules of procedure by failing to disclose it was retained by third parties, and that this relationship caused potential or procedural unfairness to N.B. Power as the applicant. Furey later filed a motion asking that the Energy and Utilities Board remove Marshall from the hearing and have his submissions scrubbed from the record.