Evidence on the Adequacy of First Nations Consultation - BC Hydro ...

Evidence on the Adequacy of First Nations Consultation - BC Hydro ... Evidence on the Adequacy of First Nations Consultation - BC Hydro ...

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3 – Consultation Assessment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the proposed EMP from the KNC. Also, the KNC will have an extensive role in the AIA, directly and via its company, who is expected to be carrying out the AIA work. In addition, the results of the AIA will inform the EMP, along with the AUIS information provided by the KNC. BC Hydro has also described in this supplemental filing the commitment to address access issues. As noted above, BC Hydro is committed to continued consultation with the KNC and its member First Nations during Project design and implementation. BC Hydro and the KNC have participated in productive negotiations regarding the provision of benefits. As of May 6, 2010, these negotiations were not, however, complete. BC Hydro remains optimistic that the negotiations will result in benefits, impact management and procurement agreements. If the KNC and BC Hydro conclude agreements before the conclusion of these proceedings, BC Hydro and BCTC will promptly notify the BCUC and intervenors. BC Hydro understands that the KNC does not oppose the Project, provided their concerns are addressed. BC Hydro is of the view that most, if not all, of the material concerns have been largely addressed, subject to agreeing on the details of the proposed arrangements and appropriate review and approval by the KNC and the member First Nations. In view of BC Hydro’s extensive consultation to date, the transmission line route changes and other commitments that have been made, the negotiations with the KNC regarding benefits, impact management, and procurement opportunities, and BC Hydro’s commitment to on‐going consultation during Project design and implementation, BC Hydro is of the view that consultation with the KNC to this stage of the Project have been reasonable and adequate. BCTC Columbia Valley Transmission Project – ong>Evidenceong> on Adequacy of First Nations Consultation 18 7 May 2010

3 – Consultation Assessment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3.5.2 SIB BC Hydro has extensively consulted with the SIB and has entered into a Benefits Agreement and a Contracting Agreement. In the Benefits Agreement, the SIB acknowledges, among other things, that it has been adequately consulted and accommodated with respect to its Aboriginal rights and title in respect of the Project. 3.5.3 Other SNTC Members BC Hydro is of the view that the level of consultation required for these First Nations is, at the most, at the low end of the spectrum. All have received notice, access to funding, and other information and were provided copies of the Application, information about participating in the regulatory process, and information developed as part of the Application proceedings. All were made aware of their ability to participate in the Application proceedings. In view of the fact that the obligation to consult is at the low end of the Haida spectrum, BC Hydro is of the view that consultation to this stage of the Project have been reasonable and adequate. 3.5.4 SALD The SALD similarly received notice of the Project, a copy of this Application, funding, Project information, and information about the Application proceedings. The SALD was aware of its opportunity to participate in the Application proceedings and in fact intervened. Until very recently, the SALD clearly deferred to the leadership of SIB in consultation with BC Hydro, but has since changed their position. At least one of the member bands of SALD, Splatsin, provided a letter to SIB confirming support of the SIB and its relationship to the Project. BC Hydro is willing to meet with the SALD to discuss any concerns they may have about the project. Given that the obligation to consult is at the low end of the Haida spectrum, BC Hydro is of the view that consultation with the SALD have been reasonable and adequate to this stage of the Project. BCTC Columbia Valley Transmission Project – ong>Evidenceong> on Adequacy of First Nations Consultation 19 7 May 2010

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3.5.2 SIB<br />

<strong>BC</strong> <strong>Hydro</strong> has extensively c<strong>on</strong>sulted with <strong>the</strong> SIB and has entered into a Benefits<br />

Agreement and a C<strong>on</strong>tracting Agreement. In <strong>the</strong> Benefits Agreement, <strong>the</strong> SIB<br />

acknowledges, am<strong>on</strong>g o<strong>the</strong>r things, that it has been adequately c<strong>on</strong>sulted and<br />

accommodated with respect to its Aboriginal rights and title in respect <strong>of</strong> <strong>the</strong> Project.<br />

3.5.3 O<strong>the</strong>r SNTC Members<br />

<strong>BC</strong> <strong>Hydro</strong> is <strong>of</strong> <strong>the</strong> view that <strong>the</strong> level <strong>of</strong> c<strong>on</strong>sultati<strong>on</strong> required for <strong>the</strong>se <strong>First</strong> Nati<strong>on</strong>s is,<br />

at <strong>the</strong> most, at <strong>the</strong> low end <strong>of</strong> <strong>the</strong> spectrum. All have received notice, access to funding,<br />

and o<strong>the</strong>r informati<strong>on</strong> and were provided copies <strong>of</strong> <strong>the</strong> Applicati<strong>on</strong>, informati<strong>on</strong> about<br />

participating in <strong>the</strong> regulatory process, and informati<strong>on</strong> developed as part <strong>of</strong> <strong>the</strong><br />

Applicati<strong>on</strong> proceedings. All were made aware <strong>of</strong> <strong>the</strong>ir ability to participate in <strong>the</strong><br />

Applicati<strong>on</strong> proceedings. In view <strong>of</strong> <strong>the</strong> fact that <strong>the</strong> obligati<strong>on</strong> to c<strong>on</strong>sult is at <strong>the</strong> low<br />

end <strong>of</strong> <strong>the</strong> Haida spectrum, <strong>BC</strong> <strong>Hydro</strong> is <strong>of</strong> <strong>the</strong> view that c<strong>on</strong>sultati<strong>on</strong> to this stage <strong>of</strong> <strong>the</strong><br />

Project have been reas<strong>on</strong>able and adequate.<br />

3.5.4 SALD<br />

The SALD similarly received notice <strong>of</strong> <strong>the</strong> Project, a copy <strong>of</strong> this Applicati<strong>on</strong>, funding,<br />

Project informati<strong>on</strong>, and informati<strong>on</strong> about <strong>the</strong> Applicati<strong>on</strong> proceedings. The SALD was<br />

aware <strong>of</strong> its opportunity to participate in <strong>the</strong> Applicati<strong>on</strong> proceedings and in fact<br />

intervened. Until very recently, <strong>the</strong> SALD clearly deferred to <strong>the</strong> leadership <strong>of</strong> SIB in<br />

c<strong>on</strong>sultati<strong>on</strong> with <strong>BC</strong> <strong>Hydro</strong>, but has since changed <strong>the</strong>ir positi<strong>on</strong>. At least <strong>on</strong>e <strong>of</strong> <strong>the</strong><br />

member bands <strong>of</strong> SALD, Splatsin, provided a letter to SIB c<strong>on</strong>firming support <strong>of</strong> <strong>the</strong> SIB<br />

and its relati<strong>on</strong>ship to <strong>the</strong> Project. <strong>BC</strong> <strong>Hydro</strong> is willing to meet with <strong>the</strong> SALD to discuss<br />

any c<strong>on</strong>cerns <strong>the</strong>y may have about <strong>the</strong> project. Given that <strong>the</strong> obligati<strong>on</strong> to c<strong>on</strong>sult is at<br />

<strong>the</strong> low end <strong>of</strong> <strong>the</strong> Haida spectrum, <strong>BC</strong> <strong>Hydro</strong> is <strong>of</strong> <strong>the</strong> view that c<strong>on</strong>sultati<strong>on</strong> with <strong>the</strong><br />

SALD have been reas<strong>on</strong>able and adequate to this stage <strong>of</strong> <strong>the</strong> Project.<br />

<strong>BC</strong>TC Columbia Valley Transmissi<strong>on</strong> Project – <str<strong>on</strong>g>Evidence</str<strong>on</strong>g> <strong>on</strong> <strong>Adequacy</strong> <strong>of</strong> <strong>First</strong> Nati<strong>on</strong>s C<strong>on</strong>sultati<strong>on</strong> 19<br />

7 May 2010

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