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Message: Lethbridge Herald Article

Lethbridge Herald Article

posted on Jan 17, 2009 08:03AM
Illness delays hearing into MATL line appeal
Written by Ric Swihart
Friday, 16 January 2009
A landowner challenge in the Alberta Court of Appeal in Calgary to the proposed Montana-Alberta Tie Ltd. electrical transmission link between Lethbridge and Great Falls has been delayed.
Scheduled Friday, the hearing before three justices of the appeal court will have to be rescheduled due to a justice’s illness.
A new date has not been set.
No new evidence will be presented, but lawyers for the landowner group and the company will argue two major points — is the line to be built as a private for-profit merchant line in the public interest and were landowners allowed a complete argument on the location of the line, claiming they were hindered by a conflict between the National Energy Board and the Alberta Energy and Utility Board.
Scott Stenbeck, a Saskatchewan resident who works in southern Alberta, will argue the EUB should have opposed an NEB ruling on the location of a two-kilometre-wide corridor for the proposed line.
That ruling precluded the selection of the best of all possible routes for the line, he said. That decision restricted the EUB from doing a good enough job to find the best line route.
At the same time, said Stenbeck, MATL could have chosen to have a full hearing with the EUB, but “chose not to do that.”
“Our evidence showed that for two or three per cent more money, a route much better and with less impact on landowners could have been chosen,” said Stenbeck. “MATL wanted a straight line (route) to save money.”
Shael Galfand of Calgary, a communications spokesman for MATL, said that without prejudging the ruling, the company expects the public interest issue to be dealt with quickly by the justices.
But on the NEB-EUB jurisdicticion argument, a ruling could take some time.
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