LETTER NO. L‐100‐09 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. 31360 VIA E‐MAIL david@legalmind.ca November 6, 2009 BC HYDRO WANETA TRANSACTION EXHIBIT A‐11 Mr.David M. Aaron Barrister & Solicitor Box 479, Nelson, BC V1L 5R3 Dear Mr. Aaron: Re: British Columbia Hydro and Power Authority Project No. 3698565/Order G‐97‐09A Acquisition from Teck Metals Ltd. of an Undivided One‐Third Interest in the Waneta Dam and Associated Assets Application for an Extension of Deadline to File Written Evidence This is in response to your letter of November 1, 2009 requesting leave for the Sinixt Nation (“Sinixt”) to file their experts’ opinion letters on November 13, 2009 in accordance with the extension of the date for Intervenors to file written evidence in Commission Order L‐98‐09 (Exhibit A‐10). British Columbia Hydro and Power Authority (“BC Hydro”) replied on November 4, 2009 (Exhibit B‐16) and noted that “… the Sinixt Nation came to the process late and expressly advised the BCUC and BC Hydro that ‘we are prepared to provide our submissions and evidence in support of the application by the October 30, 2009 deadline…”, and it was on that basis that BC Hydro did not object to the Sinixt’s late application for intervenor status. BC Hydro submitted that the Sinixt should not be entitled to file additional evidence at a later date. The Commission has previously granted an extension to other participants to file evidence by 12:00 noon, Friday, November 13, 2009, and in so doing noted the need to balance the desire to provide an opportunity to file evidence that may be material to the proceeding against the requirement for the review of the Waneta Transaction to proceed in an orderly and timely fashion that is consistent with the commercial realities of the transaction. The Commission concludes that granting the requested extension to 12:00 noon, Friday, November 13, 2009 for the Sinixt to file written evidence will help to ensure that the record before the Commission is as complete as possible, and will not have a significant impact the regulatory process and timetable. The Sinixt are hereby granted the requested extension, which is limited to the filing of its experts’ opinion letters. …/2
LETTER NO. L‐100‐09 2 Depending on whether or not Sinixt receive Information Requests on their written evidence, some subsequent filing dates may also change, as shown on the Revised Regulatory Timetable that is Appendix A to this Letter. The Commission strongly reminds the Sinixt and their counsel, together with other participants, of the need to comply with their undertakings and the established Revised Regulatory Timetable, and to copy all other participants with all submissions that they file. Yours truly, Original signed by: Constance M. Smith for: Erica M. Hamilton JBW/cms Enclosure cc: Ms. Joanna Sofield Chief Regulatory Officer British Columbia Hydro and Power Authority (bchydroregulatorygroup@bchydro.com) Registered Intervenors (BCH‐Waneta‐RI) PF/BCH-Waneta Transaction/GenCor/A-11_L-100-09_Sinixt Rqst Evidence Xtnsn
An Application by British Columbia Hydro and Power Authority for the Acquisition from Teck Metals Ltd. of an Undivided One‐Third Interest in the Waneta Dam and Associated Assets REVISED REGULATORY TIMETABLE ACTION Commission Information Request No. 1 Registration of Intervenors and Interested Parties with the Commission BC Hydro Responses to Information Request No. 1 Procedural Conference BC Hydro files Definitive Agreements, Reports and Updates Workshop in Vancouver, commencing 9:00 a.m. Commission Information Request No. 2 and Intervenor Information Request No. 1 Participant Assistance Budgets BC Hydro responses to Information Requests Registrations for Presentations at Community Input Session Applications for an Oral Phase of the Hearing Intervenor written Evidence Information Requests to Intervenors Community Input Session in Trail, commencing 1:30 p.m. Replies to Applications for an Oral Phase Okanagan Nation Alliance, Ktunaxa Nation Council and the Sinixt written Evidence Intervenor Responses to IRs Information Requests to ONA, KNC and Sinixt (If no IRs to ONA, KNC, Sinixt) BC Hydro written Final Submission (If no IRs to ONA, KNC, Sinixt) Intervenor written Final Submissions (If no IRs to ONA, KNC, Sinixt) BC Hydro written Reply (If IRs to ONA, KNC, Sinixt) ONA, KNC, Sinixt Responses to IRs (If IRs to ONA, KNC, Sinixt) BC Hydro written Final Submission (If IRs to ONA, KNC, Sinixt) Intervenor written Final Submissions (If IRs to ONA, KNC, Sinixt) BC Hydro written Reply APPENDIX A to Letter L‐100‐09 Page 1 of 1 DATE (2009) Thursday, July 23 Wednesday, August 5 Tuesday, August 11 Monday, August 17 Tuesday, September 22 Thursday, September 24 Monday, October 5 Tuesday, October 13 Friday, October 23 Thursday, October 29 Friday, October 30 Friday, October 30 Thursday, November 5 Thursday, November 5 Friday, November 6 12 noon, Friday, November 13 Wednesday, November 18 Thursday, November 19 Wednesday, November 25 Friday, December 4 Friday, December 11 Wednesday, December 2 Wednesday, December 9 Thursday, December 17 Thursday, December 24
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