Via Email
larry_h42@hotmail.com October 6, 2010
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Birds Eye Cove - CPCN Revenue Requirements & Tariff Exhibit A-13 |
Mr. Larry Higginson
Manager
Birds Eye Cove Estates Ltd.
Box 355
Burns Lake, BC V0J 1E0
Dear Mr. Higginson:
Re: Birds Eye Cove Estates Ltd.
Project No. 3698589
Application for a Certificate of Public Convenience and Necessity
Revenue Requirements and Tariffs
On October 4, 2010, Mr. Higginson verbally advised the Commission that an agreement amongst the parties was not reached. Also, Mr. Higginson stated his concerns over the rising costs of the proceedings and request advice from the British Columbia Utilities Commission (Commission) on possible future costs.
The Commission is suggesting that if a less formal mediated-settlement approach is used and the hearing is held in the Commission’s hearing room, then the estimated cost would be about $150/hour for the mediator. If the nature of the proceeding moves from a full scale Negotiated Settlement Process (NSP) to an oral hearing, the estimated costs may rise to $1500/hour not including the hearing room and Commission legal counsel costs. These proceeding costs would be initially billed to the utility and later recovered through rates. A written submission process would involve mainly staff time with minimal costs billed directly to the utility.
The Commission requests Birds Eye Cove Power (BECP) and Interveners to file submissions by Friday, October 29, 2010 on whether to hold a Negotiated Settlement Process and to indicate whether BECP and Interveners would be agreeable to the informal mediated settlement process being proposed. Otherwise, the Commission intends to proceed with written submissions by the parties.
If, the matter proceeds by an informal mediated-settlement approach, to achieve the minimum cost, BECP and the interveners are requested to outline their positions to the Commission by Friday, November 12, 2010. These outlined positions will be used by the Commission’s mediator to facilitate a less formal mediated settlement without involving legal counsels.
The Commission advises the BECP and Interveners that the potential dates for the NSP or informal mediated settlement will be in late November or early December. The Commission will amend the regulatory timetable after receipt of submissions on whether a mediated settlement process is considered desirable.
The Commission’s NSP Guidelines can be found on the BCUC website www.bcuc.com at http://www.bcuc.com/Documents/Guidelines/NSPGuidelines_Jan2001.pdf.
Yours truly,
Erica M. Hamilton
DJF/ac
cc: Registered Interveners
(Birds Eye-RI)