imAffidavit #1 of Marc Eliesen

Affirmed February 14, 2016

No. S159064

Vancouver Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:

BRITISH COLUMBIA HYDRO AND POWER AUTHORITY

PLAINTIFF

AND:

KEN BOON, ARLENE BOON, VERENA HOFMANN, ESTHER PEDERSEN also knownas Rachel Blatt, HELEN KNOTT, YVONNE TUPPER, JANE DOE, JOHN DOE and all

other persons unknown to the Plaintiff occupying, obstructing, blocking, physicallyimpeding or delaying access, at or in the vicinity of the area in and around the south

bank of the Peace River upstream (west) of the Moberly River, including the area in andaround the heritage site known as Rocky Mountain Fort

DEFENDANTS

AFFIDAVIT #1 OF MARC ELIESEN

I, Marc Eliesen, of 9294 Emerald Drive, Whistler, British Columbia, AFFIRM THAT:

1. I am a senior executive within the energy sector, and, as such, I have personal

knowledge of the facts and matters hereinafter deposed to, save and except for

information imparted to me by other people, in which case I believe the source of

the information to be reliable and I believe the information to be true.

2. I have had a lengthy and successful career in senior executive positions in both

the private and public sectors, Including the following:

President, International Power Development Group (1998-present)

Chairman and President, BO international Power Group, a joint venture ofAsea Brown Boveri Inc., Westcoast Energy Inc. and BO TradeDevelopment Go. (1994-1997)

President and Chief Executive Officer, British Columbia Hydro and PowerAuthority (1992-1994)

Chairman and Chief Executive Officer, Ontario Hydro (1991-1992)

Deputy Minister, Ministry of Energy, Province of Ontario (1990-1991)

Chairman of the Board of Directors, Manitoba Hydro (1984-1988)

Deputy Minister, Ministry of Energy and Mines, Manitoba (1982-1984)

Chairman and Chief Executive Officer, Manitoba Energy Authority (1982-1988)

Deputy Minister to Premier of British Columbia, Planning Secretary to theCabinet (1974-1975)

Assistant Deputy Minister of Finance, Deputy Minister to Premier ofManitoba, Planning Secretary to the Cabinet (1970-1974)

3. I have worked for seven governments in Canada, both federal and provincial, and

have been a Deputy Minister of Government for nine Ministers of the Crown. I

have held a partnership with the management consulting firm Peat Marwick

Stevenson & Kellogg (KPMG), and held the position of National Director of

Government Services. I have been a corporate director of many organizations

and businesses, including Suncor Corporation, Manitoba Hydro, Ontario Hydro

and BC Hydro.

4. I have obtained a Bachelor of Commerce degree in Economics at Concordia

University (1958-1962) and have undertaken post graduate work in Economics at

Carleton University (1962-1964).

5. I certify that I am aware of my duty as an expert witness under the British

Columbia Supreme Court Civil Rules to assist the court and not to be an

advocate for any party. The contents of this affidavit conforms with that duty. If I

am called on to give testimony, I will do so in conformity with that duty.

6. I have reviewed the Affidavit of Michael Savidant affirmed January 28, 2016, the

Affidavit of Michael Savidant affirmed August 12, 2015 and the Affidavit of

Michael Savidant affirmed February 13, 2015.

7. The historical review and analysis provided by Michael Savidant in his Affidavit

regarding the proposed development of Site C is deficient and thus

fundamentally flawed. Itfalls to provide the proper and comprehensive historical

context of BC Hydro's determinations regarding this project.

8. Michael Savidant indicates that BC Hydro adopted a five stage planning and

evaluation of Site 0 in 2004 as ifthis is when BC Hydro began considering the

project. This is misleading and thus renders the representations Michael Savidant

makes that this is a logical and fulsome consideration as without merit. This lack

of understanding of the historical context may be due to the fact, as disclosed in

Michael Savidant's resume, that following his employment with Enron Canada

Corporation, Michael Savidant commenced working for BC Hydro in 2004.

Michael Savidant may not be familiar with the efforts undertaken by BC Hydro

over a number of decades that refuted the feasibility of Site C.

9. Site C construction was first proposed for development by BC Hydro in the late

1970s and early 1980s. Following public hearings and a review in 1982 bythe

BC Utilities Commission, the Commission determined that BC Hydro had failed to

adequately demonstrate that Site C was the best project from a provincial

perspective and that "conditional approval with the Certificate to be withheld

pending evidence as to need for the project and timing."

10. In the early 1990s, following further reconsideration of Site C by BC Hydro, I can

attest to the fact that as President and Chief Executive Officer, I released a public

statement on behalf of the Board of Directors of BC Hydro, that Site C would not

be developed in the future by BC Hydro. The reasons provided were related to

First Nations rights, economic, social and environmental factors.

11.Michael Savidant in his Affidavits itemizes numerous submissions made by BC

Hydro to the Joint Review Panel established pursuant to the Canadian

Environmental Assessment Act and the British Columbia Environmental

Assessment Act to justify the need for the project based on long term forecasts of

both the energy and capacity to meet its customers. The Joint Review Panel

released its Panel Report to the Minister and Executive Director of the

Environmental Assessment Office on May 1, 2014. The Panel Reportconcluded

that "the Proponent [BO Hydro] has not fully demonstrated the need for the

Project on the timetable set forth" and recommended that issues of project costs

and the need for the project be referred to the BC Utilities Commission for

detailed examination. To myknowledge, neitherthe Minister nor BC Hydro

referred the issues of project cost and project need to the BC Utilities

Commission.

12. In my opinion, the Affidavits of Michael Savidant do not demonstrate that the Site

C hydroelectric facility has been subject to an adequate level ofdue diligence

which would determine that the project is needed, that alternatives have been

adequately explored and that the timing of construction is appropriate. Neither

are Michael Savidant's assertions that the submissions to the Joint Review Panel

represent evidence of need consistent with the facts since the Panel concluded

the demonstration of need was not established, and the Panel did not conclude

that the time schedule is reliable or that the forecasts were credible.

13.As a general practice within Canada and the United States of America, all

proposed public and private electrical generation facilities are subject to rigorous

and open reviewat publichearings held by specialized regulatorytribunals to

assess whether they are necessary and financially viable. Rigorous review is

considered indispensable to reducing uncertainty and minimizing downside

financial risk. In the case of BC Hydro that risk is borne by the BC ratepayer. In

the past in British Columbia, regulatory hearings before the British Columbia

Utilities Commission were the method of subjecting proposed generating facilities

to review. In this case the Site C project was not subject to that review level and

that due diligence.

14.Absent appropriate standards of scrutiny, not only Is there a high risk that the

estimated construction costs and planned timing of the project will deliver

substantially Increased hydro costs for BC ratepayers, there Is also a high risk

that the Site C will cost much more than forecast to build and that the electricity It

produces will not be needed for many years after Its expected In service date.

This would further, and dramatically. Increase hydro rates to British Columbia

rate payers including residential, commercial and Industrial users.

15. Michael Savldant's alleged construction cost delays are effectively illuslonary

because he relies on an unsubstantiated need for the project based on long term

forecasts that have not been properly vetted. Delay of the project Is likely to save

British Columbia ratepayers more than the alleged estimated $420 million costs

itemized by Michael Savidant. This situation is Increasingly obvious given current

developments In load demand. According to BC Hydro's Fiscal 2016—Second

Quarter Report, domestic demand has decreased by 1,740 gigawatt hours in

comparison with its service plan forecast for the year. As stated by BC Hydro,

"forecast sales in the large industrial and commercial categories have decreased

largely as a result of lower forecast customer load in the mining and pulp and

paper sectors due to metal mine closures, closure of a major pulp and paper mill

in July 2015 and lower commodity market outlook."

16. Proceeding with the Site C project without appropriate regulatory scrutiny is

highly Imprudent and It is my opinion that the construction of Site C should be

postponed until adequate regulatory scrutiny Is completed because of the

excessive costs to be borne by ratepayers Ifthe project proceeds under the

existing time horizon. In my opinion. It is imprudent to continue with Site C

construction at this time and it will continue to be Imprudent to construct Site C

until due diligence is performed on the cost of the project and need for the project

established.

17.The Auditor General of British Columbia has publicly identified an audit of the

Site 0 project to determine "whether 80 Hydro's recommendation and

government's decision to build Site 0 was supported by sufficient information and

analysis to demonstrate that it would meet government's economic, social and

environmental goals."

18.A list of citations is attached as Exhibit "A" to this affidavit.

AFFIRMED BEFORE ME in the

Municipality of Whistler, in the Province ofBritish Columbia, this 14*^ dayofFebruary, 2016

A Commteoner for taking Oaths in andfor the i?rovince of British Columbia

MARC ELIESEN

This Affidavit is Commissioned by Jason Grati of Grati &Company, Barristers and Soiioitors601-510 West Hastings Street, Vancouver, BC V6B 1L8 Tei: 604-694-1919 Fax: 604-608-1919

LIST OF CITATIONS

BC Hydro and Power Authority Quarterly Report Second Quarter 2015/2016

https://www.bchydro.eom/content/dam/BCHydro/customer-

portal/documents/corporate/accountabillty-reports/flnancial-reports/quarterly-reports/f2016-q2-

report.pdf

British Columbia Auditor General Performance Audit Coverage Plan 2015/2016-2017/2018

https://www.bcauditor.eom/sites/default/files/publlcations/reports/OAGBC_PerformanceAuditCoverag

ePlan_FINAL.pdf

Annual Report of British Columbia Utilities Commission 1982

http://www.bcuc.eom/Documents/AnnualReports/1982/DOC_41386_Annual-Report-1982.pdf

Report of the Joint ReviewPanel Site C May 1,2014 https://www.ceaa-

acee.gc.ca/050/documents/p63919/99173E.pdf

Thts'® "referred to in theaffidavit Qf..M-..g[//W&> 4r

tnis...i..7..|iy 201^

No. S159064

Vancouver Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:

BRITISH COLUMBIA HYDRO ANDPOWER AUTHORITY

PLAINTIFF

KEN BOON, ARLENE BOON, VERENA HOFMANN, ESTHERPEDERSEN also known as Rachel Blatt, HELEN KNOTT,YVONNE TUPPER, JANE DOE. JOHN DOE and all otherpersons unknown to the Plaintiff occupying, obstructing,

blocking, physically impeding or delayingaccess, at or in thevicinity of the area in and around the south bank of the Peace

Riverupstream (west) of the Moberly River, including the area inand around the heritage site known as Rocky Mountain Fort

DEFENDANTS

AFFIDAVIT #1 OF MARC ELIESEN

GratI & CompanyBarristers & Solicitors

601-510 West Hastings StreetVancouver, BC V6B 1L8

Tel: (604) 694-1919 Fax: (604) 608-1919Jason GratI