q) Alcan appeal to be heard in co Alcan Aluminum’s appeal lodged against the decision that would subject its massive Kemano II project to a full envi- ronmental review will be heard in the Federal Appeals Court in Vancouver starting Dec. 16. Federal court judge Allison Walsh ruled in May of this year that a federal government order- in-council that allowed Alcan to go ahead with the hydroelectric project was invalid, a decision that removed the legal basis for the company to proceed and also ruled that Kemano JI would have to go through the full Environ- mental Assessment and Review Process. Kemano II was brought to a hait in a half-finished state, and Alcan decided to appeal Walsh’s decision. In a statement issued Nov. 18, the company says it believes Justice Walsh erred in his deci- sion by overstepping the bounds of the case on which he was ruling, an action brought to court by the Rivers Defense Coalition and the Carrier-Sekani Tribal Council. "In the hearing last February Mr. Justice Walsh was only considering a number of preliminary issues having to do with the challenge to the e federal ‘aunct Ne —— urt Monday court decision. He not only decided these preliminary issues, but without hearing the argu- ments decided that the cabinet decision itself should be over- turned and went on to order an EARP review. In Alcan’s view that conclusion was fundamen- tally unfair because the judge did not have any evidence before him or hear any argument as to why the cabinet order was appropriate or why the EARP guidelines do not apply to KCP," Alcan states. The company also notes that original agreement applying to its hydroelectric developments and water rights goes back to the 1950’s, and prior to going ahead with Kemano IT it gave up some of the rights under that agreement to meet contemporary environmental standards. "It would be ironic indeed if agree- ments reached with Canadian companies and individuals to improve the environmental per- formance of their authorized operations left them exposed to these kinds of legal challenges and uncertainties,” the company says. The court action against Kemano Completion was launched out of concern about Terrace Review —— Wednesday, December !1, 1991 15 \ : ‘ Skeana River‘ ‘ Babine : 4 : (NEW HAZELTON, River NORTH CENTRAL B.C. Kitwangae : f . 0 20 40 _60__80__100 Kilometers , Morlcetown ————_ 30 40 «60 60 70 Miles -, Bulkley River o 10 2 SMITHERS , Talkwa Stuan \ A an Bulkley River Lake _jP\ TERRACE ‘te Fort St. James ai : 4 © ff r keans River | HOUSTON BURNS LAKE . Neutley Stuart River i pseeet Fraser, = «Rilver = (27) a Lake A VANDERHOOF “<9 PRINCE GEORGE all” Fraser Lake Chostatta rida Francois Lake ORT RASER Nechako River mi KiTimat af | 1 TRANSMISSION yaa V4 ‘4 i To SMELTER : Douglas ime “s, chennet 4h j ‘. a’ KEMANO eB Skins Lake 13 ¢é Spiliway Wistaria « Kt a Nechako Fy GI TUNNEL To © poservolr y w oy Malor Components of Alcan’s Kemano Completion Project fl Multi-Purpose Water Release Facility [J Second Tunnet F2 Chestlatta Fan Penstock El Skins Lake Spillway El Second Powerhouse £4 Oradging of Tahtss Narrows EE] New Switchyards in Kitimat and Kemano E Second Intake {4 Twinning Transmission Line Alcan’s Kemano Completion Project would affect water distribution in a large area of the Northwest. The project was mothballed when a federal judge ruled last summer that the agreement with the federal government on which the project is based should be overturned. Alcan's appeal against that ruling goes to court next week. the lowering of water levels in the Nechako River. Residents of the Nechako Valley say the original hydroelectric project in the 1950’s, which created Ootsa Lake at the head of the Nechako, cut water flows in the river by 50 pereent. Kemano Completion would further reduce the flows to a level the residents say would amount to about 12 percent of the original flow. Although the federal order-in- council bypassed the EARP on the project, Alcan spent millions of dollars to produce 21 volumes of environmental impact studies on the project. The company claims that a series of mitigative measures is has proposed will protect fish populations in the Nechako and minimize the pro- ject’s effect on wildlife in the valley. _Business Gu ELLT S ‘Cancom/Vatubvision authorized & PRO -TECH DAD ELECTRONIC meen TECH ENGINEERING wena Electronic Equipm | 635.5134 3514 King Ave. Terrace, B.C. 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