BRIT ISH COLU MBIA UTIL IT IES COM MISSION ORDER N UMBER F‐ 34‐09 SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660‐4700 VANCOUVER, B.C. V6Z 2N3 CANADA BC TOLL FREE: 1‐800‐663‐1385 web site: http://www.bcuc.com FACSIMILE: (604) 660‐1102 IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and Applications for Participant Assistance/Cost Awards in an Inquiry into British Columbia’s Electricity Transmission Infrastructure and Capacity Needs for the Next 30 Years BEFORE: L.A. O’Hara, Commissioner and Panel Chair A.W.K. Anderson, Commissioner D.A. Cote, Commissioner December 23, 2009 M.R. Harle, Commissioner R.K. Ravelli, Commissioner O R D E R WHEREAS: A. Section 5(4) of the Utilities Commission Act (“UCA” or “Act”) provides that the British Columbia Utilities Commission (“Commission”) must conduct an inquiry (“Inquiry”) to make determinations with respect to British Columbia’s infrastructure and capacity needs for electricity transmission for the period ending 20 years after the day the Inquiry begins, or a different period if so specified by terms of reference issued by the Minister; and B. On December 11, 2008, the Minister responsible for administration of the Hydro and Power Authority Act (“Minister”) issued Terms of Reference for the Inquiry which identify that the general purpose of the Inquiry is for the Commission to make determinations with respect to British Columbia’s electricity transmission infrastructure and capacity needs for a 30‐year period commencing from the date the Inquiry begins; and C. By letter dated June 26, 2009 (Exhibit A‐15), the Commission established a schedule for reviewing interim Participant Assistance/Cost Award (“PACA”) applications for funding up to the June 24, 2009 Procedural Conference. Additionally, in its letter, the Commission asked Participants requesting PACA for the remainder of the Inquiry, and those who had not already submitted interim requests, to file their budgets by August 14, 2009; and D. On August 17, 2009 and September 21, 2009, the Commission issued Orders F‐20‐09 and F‐26‐09 respectively, awarding interim funds pursuant to section 118(1) of the UCA; and …/2
BRIT ISH COLUMBIA UTIL IT IES COMMISSION ORDER NUMBER F‐34‐09 2 E. By letter dated October 2, 2009 (Exhibit A‐28), as amended by Exhibit A‐29, the Commission provided information to Participants on PACA funding for the remainder of the Section 5 Inquiry whereby a bi‐ monthly approval process was outlined and organized into a number of interim Funding Periods; and F. Following a letter dated December 15, 2009 from the Minister of Energy, Mines and Petroleum Resources (Exhibit A‐35), the Inquiry Panel issued Order G‐167‐09 (Exhibit A‐37) suspending the Inquiry until May 31, 2009 and rescinding the schedule for Interim PACA Awards beyond Period 3; and G. By the December 15, 2009 deadline established for Interim Funding Period 3 in Exhibit A‐28, the Commission had received two applications requesting a total of $5,462.40 pursuant to section 118 of the Act for PACA funding for the following Participants: Participant Application Hwlitsum First Nation $ 2,772.00 Toquaht First Nation $ 2,690.40 Total Application $ 5,462.40 H. The Commission has reviewed the Period 3 PACA applications with regard to the criteria and rates set out in the Guidelines in Commission Order G‐72‐07, and has concluded that, after adjusting the amounts of funding requested as set out in the Reasons for Decision attached as Appendix A to this Order, certain cost awards should be approved for Participants in the Inquiry. NOW THEREFORE the Commission orders as follows: 1. Pursuant to section 118(1) of the Act, and subject to paragraph 2 of this Order, the Commission awards funds to the following for their participation in the Inquiry: Participant Awarded Hwlitsum First Nation $ 2,772.00 Toquaht Nation $ 2,613.40 Total Award $ 5,385.40 2. If BC Hydro, the British Columbia Transmission Corporation, and FortisBC Inc. (the “Utilities”) or any one of them, have material concerns about the level or value of expenditures for Period 3 of one or more of the PACA applicants, they are to file a letter of comment with the Commission within ten (10) days of this …/3
3 Order, and to provide a copy of the letter to the affected PACA applicant. The PACA applicant will have ten (10) days from the date of the filing of the letter of comment to file a reply with the Commission. In the event that a letter of comment is received, the PACA applicant’s interim award is subject to further order of the Inquiry Panel. 3. In the absence of the filing of a letter of comment by the Utilities, or any one of them, BC Hydro is directed to pay the Participant the amount of the Participant’s award in a timely manner. DATED at the City of Vancouver, in the Province of British Columbia, this 23 Attachment Orders/F‐34‐09_Section 5 – Period 3 Interim PACA Awards‐Reasons BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER F‐34‐09 rd day of December 2009. BY ORDER Original signed by: Liisa O’Hara Panel Chair/Commissioner
APPENDIX A to Order F‐34‐09 Page 1 of 1 Inquiry into British Columbia’s Long‐Term Transmission Infrastructure Participant Assistance/Cost Award Applications PERIOD 3 INTERIM AWARDS REASONS FOR DECISION On October 2, 2009, the British Columbia Utilities Commission issued a letter (Exhibit A‐28) providing information to Participants on Participant Assistance/Cost Award (“PACA”) funding for the remainder of the Section 5 Inquiry. The letter outlines a bi‐monthly approval process for interim PACA applications and organizes the process into a number of periods as shown below: Period Period Start Period End PACA Application Filing Number Date 1 Inquiry Start June 24, 2009 July 3, 2009 2 June 24, 2009 September 30, 2009 October 15, 2009 3 October 1, 2009 November 30, 2009 December 15, 2009 4 December 1, 2009 January 31, 2010 February 15, 2010 5 February 1, 2010 March 31, 2010 April 15, 2010 6 April 1, 2010 May 31, 2010 June 15, 2010 7 June 1, 2010 Inquiry End To be determined * Note: Original table in Exhibit A‐28 incorrectly showed some dates as 2009 when in fact they were supposed to read 2010. A corrected table was published in Exhibit A‐29 and is reproduced, in part, above. By December 15, 2009 the Inquiry Panel had received applications for Interim PACA funding for Period 3 from the Hwlitsum First Nation and the Toquaht Nation. The Hwlitsum First Nation is awarded $2,772.00, which is the amount applied for. The Toquaht Nation applied for $2,690.40 and has been awarded $2,613.40. The reduction in the award of $77.00 reflects a reduction in the rate for counsel to the maximum allowed under the PACA Guidelines of $1,800/day for senior counsel ($225/hr for an eight hour day). The Toquaht applied for a rate of $260/hr for a lawyer which is more than the maximum suggested by the Guidelines.
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