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Via Email

jerryjgf@shaw.ca                                                                                               December 13, 2012

 

 

FortisBC Inc. – CPCN for the

Advanced Metering Infrastructure Project         Exhibit   A-17

Mr. James Gerald (Jerry) Flynn

103-1910 Capistrano Drive

Kelowna, BC  V1V 2S5

 

Dear Mr. Flynn:

 

Re: FortisBC Inc.

Application for a Certificate of Public Convenience and Necessity

for the Advanced Metering Infrastructure Project

 

We are in receipt of your further correspondence dated December 4, 2012 providing comments on topic matters currently under review in the proceeding to review FortisBC Inc.’s (FortisBC) Application for the Advanced Metering Infrastructure Project.  In addition, you request to provide a copy of a PowerPoint presentation to the British Columbia Utilities Commission (Commission), FortisBC, and all other parties to the aforementioned proceeding, as well as an opportunity to present the same at an Oral Hearing.

 

In a letter dated November 28, 2012 we advised you that: “As a registered intervener, you are permitted to attend the Oral Hearing; however, the structure of that Hearing will be defined to test evidence that is already submitted in the proceeding.  It would be unusual for the Panel to permit new evidence to be brought forward in the form of a presentation in that forum.”

 

You may file your evidence in accordance with the timetable established for the Proceeding, in any format you wish, including as a PowerPoint file.  The evidence may be the subject of Information Requests from the Applicant, Interveners and the Commission in advance of the Oral Hearing.  The structure of the Oral Hearing allows for the Applicant, Interveners, and the Commission staff to test the evidence you file through cross-examination, if they choose to do so.  The Commission Panel may also have questions of the witnesses.

 

Again, as FortisBC described at the Procedural Conference in Kelowna on November 8, 2012, expert evidence should be addressed by properly qualified experts who set out the facts on which they rely and whose evidence can be tested and measured.  If you are not the expert witness for the written evidence submitted, then the appropriate expert must be available to be called upon to support and be cross-examined at the Oral Hearing.  At the Oral Hearing, witnesses will be asked to adopt their evidence and then they will be made available for cross-examination. 

 

Participants do not ordinarily present their evidence again at Commission proceedings, but rather make themselves available for cross-examination on their filed evidence.  Therefore, it is necessary to seek comments from parties on your request at which time the Commission Panel will make a determination on the matter.  The comment process is as outlined below.

 

The Commission invites comments from Interveners on Jerry Flynn’s request (Exhibit C6-7) to make an oral presentation at the Oral Hearing.  Comments must be filed on or before Thursday, December 20, 2012.

 

The Commission next invites FortisBC to provide comments on the request and Intervener comments by Friday, January 4, 2013.

 

Subsequently, you may file reply comments to those filed by FortisBC and Interveners on the request to make an oral presentation at the Oral Hearing.  Your reply comments must be received on or before Friday, January 11, 2013.

 

In earlier correspondence, we provided you with a number of resources that describe the procedural process the Commission generally follows in the review of an application.  The intent of the protocols that have been described to you is to ensure adequate procedural fairness and efficiency.  If you have further questions, please contact the undersigned.

 

                                                                                                                                  Yours truly,

 

                                                                                                                                  Erica Hamilton

EH/cms

cc:           FortisBC Inc.

                Registered Interveners

 

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