Energy East hearing panel conflict / recusal over apprehension of bias
Risk Mechanism
Private meetings involving hearing panel members and senior regulator officials raised an apprehension of bias, resulting in recusal and adjournment before the project review could continue.
Case Summary
In September 2016, the National Energy Board announced that all three members of the Energy East hearing panel had recused themselves. The hearing was adjourned until a new panel could be appointed. The Board’s Chair and Vice-Chair also recused themselves from appointing the replacement panel because their participation in private meetings may have created an apprehension of bias and undermined confidence in the Board’s independence and credibility.
Risk Lesson
This case demonstrates how private access to decision-makers and weak disclosure or recusal safeguards can undermine the perceived independence of project appraisal before a decision is made. It highlights warning signs such as poorly managed private meetings, potential conflicts addressed only after public concern emerges, delayed recusal, and loss of confidence in the impartiality of the review process.
Reference
National Energy Board. (2016, September 9). Energy East Hearing Panel Steps Down - Hearing is Adjourned until new Hearing Panel is Appointed. Available from: https://www.newswire.ca/news-releases/energy-east-hearing-panel-steps-down---hearing-is-adjourned-until-new-hearing-panel-is-appointed-592924231.html