LETTER NO. L‐54‐08 SIXTH FLOOR, 900 HOWE STREET, BOX 250 ERICA M. HAMILTON VANCOUVER, B.C. CANADA V6Z 2N3 COMMISSION SECRETARY TELEPHONE: (604) 660‐4700 Commission.Secretary@bcuc.com BC TOLL FREE: 1‐800‐663‐1385 web site: http://www.bcuc.com FACSIMILE: (604) 660‐1102 Log No. 27566 VIA E‐MAIL Wally.braul@fms‐law.com kgustafson@lmls.com November 14, 2008 CENTRAL COAST POWER/BORALEX OCEAN FALLS SALE & DISPOSITION OF UTILITY ASSETS OF CCPC EXHIBIT A‐8 Mr. Waldemar Braul Karl E. Gustafson, Q.C. Fraser Milner Casgrain LLP Lang Michener LLP Barristers & Solicitors Barristers & Solicitors 1500 ‐ 1040 West Georgia Street 1500 – 1055 West Georgia Street Vancouver, BC V6E 4H8 Vancouver, BC V6E 4N7 Dear Messrs. Braul and Gustafson: Re: Central Coast Power Corporation (“CCPC”) and Boralex Ocean Falls Limited Partnership (“Boralex LP”) Project No. 3698513/Order G‐121‐08 Application for Approval of the Sale and Disposition of Utility Assets of Central Coast Power Corporation to Boralex Ocean Falls Limited Partnership By fax letter dated November 10, 2008 (the “Heiltsuk Filing”), the Heiltsuk Tribal Council (“Heiltsuk”) has attempted to file closing comments in response to the Final Argument of Central Coast Power Corporation and Boralex Ocean Falls Limited Partnership (the “Applicants”) dated October 27, 2008. Commission Letter L‐48‐08 established the amended Regulatory Timetable for the proceeding. The amended Regulatory Timetable provided for the filing of Intervenor Written Submissions by Monday, October 20, 2008 and the Applicant’s Reply by Tuesday, October 28, 2008. The Heiltsuk filed their Written Submissions on October 20, 2008. The amended Regulatory Timetable did not provide for a right of reply by Intervenors, consistent with the Commission’s practice. Since no filings beyond the Applicant’s Final Argument are contemplated by Commission Letter L‐48‐08, the Heiltsuk should have sought leave to make the Heiltsuk Filing. While the Heiltsuk have failed to seek leave, the Commission Panel, in this instance, will consider the Heiltsuk Filing to include an application for leave to file. This means that an opportunity to respond must be provided to the Applicants and other Intervenors. Accordingly, the Panel establishes the following process to address the Heiltsuk Filing: . . ./2
2 LETTER NO. L‐54‐08 (1)Written Submissions of the Applicants and other Intervenors on the leave application which are to include a proposed date for delivery of a reply on the merits of the Heiltsuk Filing, if leave is granted: Wednesday, November 19, 2008 (2)Written Submissions of the Heiltsuk in reply to any submissions opposed to the granting of leave: Monday, November 24, 2008 If no party opposes the leave application, or if a party opposes the leave application and leave is granted, the Commission Panel will not receive any further submissions on the matters set out in the Heiltsuk Filing other than submissions, if any, from the Applicants or other Intervenors in response to the Heiltsuk Filing. Yours truly, Original signed by: Erica M. Hamilton cc: Registered Intervenors (CCCP‐Boralex‐Sale‐RI) PF/CCPC‐Boralex Utility Acquisition/A‐8_L‐54‐08‐Heiltsuk Tribal Council‐Rqst to Applicant
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