You are on page 1of 4

Appeal No.

: _______________________

IN THE COURT OF APPEAL OF ALBERTA

IN THE MATTER OF THE ALBERTA COMMISSION AC, RSA 2000, A-37.2

UTILITIES

AND IN THE MATTER OF DECISION NO. 2011-436 OF THE ALBERTA UTILITIES COMMISSION DATED NOVEMBER 1, 2011

BETWEEN: STUART AND KAREN SHAW Applicants - and -

ALBERTA UTILITIES COMMISSION AND ALTALINK MANAGEMENT LTD. AND EPCOR DISTRIBUTION & TRANSMISSION INC. Respondents

NOTICE OF MOTION FOR LEAVE TO APPEAL

TAKE NOTICE THAT AN APPLICATION shall be made on behalf of the Applicants before the presiding Justice in Chambers, at the Law Courts Building, in the City of Edmonton, in the Province of Alberta, on Wednesday, the 14th day of December, 2011 at the hour of 9:30 oclock in the forenoon or so soon thereafter as Counsel may be heard for:

-2-

1.

An Order granting the Applicants leave to appeal decision 2011-436 of the Alberta Utilities Commission (the AUC or Commission) dated November 1, 2011 (the Decision) approving the Heartland Transmission Project under section 17 of the Alberta Utilities Commission Act (AUCA) with respect to a September 27, 2010 joint application by AltaLink Management Ltd. and EPCOR Distribution & Transmission Inc., Application No. 1606609.

2.

An Order abridging the time for service of this Notice of Motion.

AND FURTHER TAKE NOTICE that the application shall be made upon the following grounds: 1. That the AUC erred in jurisdiction, or erred in law, or both when it concluded that the Hydro and Electric Energy Act, RSA 2000, c. H-16 precluded the Commission from considering whether the social and economic effects of the Heartland Transmission Project are in the public interest under section 17 of the Alberta Utilities Commission Act; 2. That the interference by the Minister of Energy and the public statements by the Premier of Alberta advocating in favour of the Heartland Transmission Project after the hearing but prior to the Commission rendering its decision, compromised the independence of the Commission, created a reasonable apprehension of bias, and resulted in an unfair decision-making process; and 3. Such further errors that may be shown on the record.

AND FURTHER TAKE NOTICE that in support of this application, the Applicants will rely upon the Decision, portions of the record before the Commission, the Affidavit of Karen Shaw, and such further and other materials as Counsel may advise and this Honourable Court may permit.

-3-

DATED at the City of Edmonton, in the Province of Alberta this 29th day of November, 2011. Estimate of time to argue: 30 minutes

WILSON LAW OFFICE

Per:

________________________ I. KEITH WILSON Solicitor for the Applicants

TO: AND TO: AND TO: AND TO:

CLERK OF THE COURT ALBERTA UTILITIES COMMISSION ALTALINK MANAGEMENT LTD. EPCOR DISTRIBUTION & TRANSMISSION INC.

NOTICE TO THE RESPONDENTS: ALBERTA UTILITIES COMMISSION ALTALINK MANAGEMENT LTD. EPCOR DISTRIBUTION & TRANSMISSION INC. Notice to Respondents: A Respondent who fails to comply with the requirements of the Alberta Rules of Court and the Court of Appeal Consolidated practice Directions, within the prescribed time, will not be allowed to present oral argument on the application, nor be entitled to costs of the application, unless otherwise ordered. Failure to appear may also lead to an order of Judgment being made against the Respondent in their absence. Unless otherwise ordered at the hearing, the maximum time for oral argument (including reply) will be 15 minutes per separately represented party; except applications for leave to appeal where the maximum time allowed will be 30 minutes per separately represented party.

Action No.: ______________________

IN THE COURT OF APPEAL OF ALBERTA

IN THE MATTER OF THE ALBERTA UTILITIES

COMMISSION ACT, RSA 2000, A-37.2


AND IN THE MATTER OF DECISION NO. 2011-436

OF THE ALBERTA UTILITIES COMMISSION DATED NOVEMBER 1, 2011

BETWEEN:

STUART AND KAREN SHAW


Applicants - and -

ALBERTA UTILITIES COMMISSION AND ALTALINK MANAGEMENT LTD. AND EPCOR DISTRIBUTION & TRANSMISSION INC.
Respondents

NOTICE OF MOTION FOR LEAVE TO APPEAL

I. KEITH WILSON WILSON LAW OFFICE Barristers & Solicitors Suite 195, 3-11 Bellerose Drive St. Albert, Alberta T8N 5C9 Phone: Fax: Email: File: (780) 418-7226 (780) 401-3178
kwilson@wilsonlawoffices.ca

98-1620IKW