Alberta silent on decisions about who speaks at energy hearings

The Alberta government has refused to releasedocuments on its decisions about who gets to speak at public hearings on energy development.

• Alberta energy regulator shutting off discussions, critics say

The issue of public input has generated increasing concern and atleast one court case.

The Canadian Press filed a freedom-of-information request ninemonths ago seeking paperwork on the eligibility of groups orindividuals to address Alberta Energy Regulator hearings. Therequest yielded 260 pages of correspondence, reports and briefingnotes. Every page was blank.

"A package consisting of 260 pages with no disclosure" is howAlberta Environment's freedom-of-information office described therelease in a letter received by the news agency last week.

The request was made after a Queen's Bench judge ruled in late2013 that the department wrongly refused to grant an environmentalcoalition the right to appear at a hearing into a proposed oilsands development. The judge concluded that documents from a disclosurehearing suggested the group was shut out because of its criticalstance on the oilsands.

Denied voice at public hearings

Since that ruling, environmental groups and First Nations havebeen denied standing to speak at public hearings at least ninetimes. In one case, hearings on a proposed oilsands expansion werecancelled after six groups that had asked to speak were turned down.

The issue has spread beyond energy regulation. On June 25, theoffice of the province's consumer advocate was turned down after itasked to address an Alberta Utilities Commission hearing intoalleged electricity price manipulation.

That same month, two aboriginal bands took the government tocourt after they were refused standing at Alberta Energy Regulatorhearings.

Legal experts have voiced public concerns about what they call arestriction on public input. The judge in the case that brought theissue to light urged the government to draw its circle ofconsultation as wide as possible.

No change in rules, say officials

Alberta Environment says the rules haven't changed, even thoughmany of those shut out had previously been routinely granted theright to address hearing panels.

Wade Clark, director of policy and regulatory alignment for bothAlberta Environment and Alberta Energy, said all documents were keptsecret because they could reveal how legislation creating the newenergy regulator was developed.

"What I'm referring to there are the various drafts of thelegislation," he said. "That's the type of thing that's routinely
not disclosed.

"As I interpreted the request, it related more to thedeliberations during that time frame, which related to the (new)
regulations and rules."

No officials during the time the request was under considerationsuggested that interpretation to The Canadian Press.

No attempt wasmade to clarify the request, although the news agency contacted thegovernment numerous times to check its progress.

Clark suggested the ruling could be reconsidered. "I think we could sit down and work out the wording (of the
question)."

Rachel Notley, environment critic for the New Democrats, said thedifficulty in getting information on how important decisions aremade is typical of the governing Tories.

"Only in Conservative Alberta would a public body, tasked withconsulting the public, in public, keep its rules around how to dothat secret," she said.