(Originally underlined parts have been converted to capital letters by myself. R.L.) Lubicon Lake Indian Nation 3536 - 106 Street Edmonton, Alberta T6J 1A4 Phone: 403-436-5652 Fax: 403-437-0719 October 04, 1994 Chief Ominayak's September 27th letter to Unocal Canada President Fritz Perschon was faxed to Mr. Perschon on September 29th. Lubicon advisor Fred Lennarson received a telephone call from C.G. (Gordon) Dunn of the ERCB at 5:20 that same afternoon -- notably later than normal working hours for the ERCB. As is clear from the September 28th mail-out communications with Unocal and the ERCB typically come in matched pairs. Almost inevitably any exchange with either one of them is followed shortly thereafter by a communication from the other -- usually on the same subject and pressing the same point. Despite earlier assurances by confident Unocal representatives that Lubicon opposition could simply be bought off, Chief Ominayak's September 27th letter effectively ended the arrogant notion that the Lubicons can somehow be talked into voluntarily acceding to the existence of a huge new sour gas processing plant adjacent to the proposed Lubicon reserve. Lubicon refusal to go along in turn presents a potentially serious legal problem for the ERCB. ERCB enabling legislation requires that the ERCB hold a public hearing PRIOR to approval when a proposed energy project is opposed by people who may be directly and adversely affected by it. In this case a huge new $10 million dollar sour gas processing plant was not only approved without benefit of a public hearing, it was approved based on perhaps deliberately false information, the circumstances of the approval are at the very least curious and the plant itself has actually been hurriedly constructed presumably in an effort to try and insure that a questionable approval cannot be reversed. Mr. Dunn told Fred Lennarson "The (ERCB) Board is prepared to review the Unocal application and would like to talk about timing". He then proposed the end of October or first part of November -- a shorter than normal time frame also presumably on purpose. After some discussion with Lubicon representatives a hearing was set for November 8th in Edmonton. (Place and time have not yet been established but will be communicated as soon as they are available.) ERCB hearings are almost always sleepy little affairs held without fanfare in a small community somewhere near a proposed energy project site after which the ERCB then quietly approves the proposed project -- often without any reference or apparent relation to the earnest submissions of the involved intervenors. The purpose of such events is clearly not to facilitate a full and public vetting of a proposed energy project but to create the illusion that the legal and environmental niceties of a modern western democracy are being observed without at the same time seriously impeding large-scale exploitation of natural resources by multi-national companies. A full and public examination of the Unocal sour gas processing plant in all of its aspects is of course exactly what the Lubicons have in mind for the November 8th ERCB hearing. In fact the Lubicons propose to use the hearing as an opportunity for everyone who has concerns about the Unocal sour gas processing plant from any point of view -- including the presentation of different kinds of legal evidence, medical evidence, biological evidence, veterinary evidence, environmental evidence, experimental evidence, experiential evidence, historical evidence, anthropological evidence, economic evidence and political evidence. (Continued in Part 2)