Orders

IN THE MATTER OF

the Utilities Commission Act, R.S.B.C. 1996, Chapter 473

and

An Application by FortisBC Inc.

for Approval of a 2009 Rate Design and Cost of Service Analysis

BEFORE:                 A.J. Pullman, Panel Chair/Commissioner

                                L.A. O’Hara, Commissioner

                                M.R. Harle, Commissioner                                                  April 12, 2010

O  R  D  E  R

WHEREAS:

A.       On October 30, 2009, FortisBC Inc. (FortisBC) filed a 2009 Rate Design and Cost of Service Analysis (Application) with the British Columbia Utilities Commission (the Commission), pursuant to sections 58 and 61 of the Utilities Commission Act.  The Application contains updated rate structures and customer service guidelines, for which FortisBC seeks Commission approval; and

B.       On November 26, 2009, the Commission issued Order G-139-09, establishing an initial Regulatory Timetable for review of the Application.  The Regulatory Timetable was subsequently amended by Orders G‐166‐09 and G-22-10 dated December 21, 2009 and February 17, 2010 respectively (collectively the Revised Regulatory Timetable); and

C.       By letter dated March 22, 2010, FortisBC applied to the Commission (the Reply Application) to further revise the Revised Regulatory Timetable to allow FortisBC to file Reply Evidence to address certain matters raised in Intervener Evidence filed on March 15, 2010 FortisBC proposed to file its Reply Evidence on or before April 22, 2010; and

D.       By letter dated March 24, 2010, the British Columbia Municipal Electric Utilities (BCMEU) filed objections to the Reply Application.  BCMEU requested that, should the Commission grant the Reply Application, parties be provided a right to file written information requests on the reply evidence by April 27, 2010 with responses provided by FortisBC by April 30, 2010.  BCMEU further requested that the Commission grant Dr. Rosenberg, the BCMEU witness, a right to make oral comments specifically in reply to any FortisBC Reply Evidence; and

E.        By letter dated March 24, 2010, FortisBC responded to the points raised in the BCMEU letter; and

F.        By letter dated March 26, 2010, the Commission invited other Interveners to comment on the Reply Application.  Any Intervener comments were to be submitted to the Commission by Wednesday, March 31, 2010.  FortisBC was to file its reply, if any, to the submissions by Tuesday, April 6, 2010; and

G.       The Commission received comments from three Interveners.  International Forest Products Ltd. took no position on the Reply Application.  Zellstoff Celgar Limited Partnership had no objection to the Reply Application as it related to its evidence.  British Columbia Hydro and Power Authority (BC Hydro) supported the request, but noted that, in its view, the Reply Application appeared to propose filing rebuttal evidence.  BC Hydro further commented that the Commission need not consider the admissibility of the FortisBC Reply evidence unless and until FortisBC elects to call its rebuttal panel during the oral hearing.

H.       The Commission Panel has considered the Reply Application, the submissions of BCMEU, the comments from other Interveners and the Fortis BC reply and has determined that the Reply Application should be granted subject the right of Interveners to make submissions on the admissibility of the Reply Evidence once filed.

NOW THEREFORE the Commission orders as follows:

1.       Subject to paragraphs 2 to 4 of this Order, the Revised Regulatory Timetable is amended to allow FortisBC to file Reply Evidence to the Intervener Evidence on or before Thursday, April 22, 2010. 

2.       Interveners who object to the admissibility of the Reply Evidence are to file their submissions on or before Monday, April 26, 2010.

3.       FortisBC is to file its response to any Intervener submissions on or before Wednesday, April 28, 2010. 

4.       Interveners are to file any reply to the FortisBC response on or before 2:00 p.m., Friday, April 30, 2010. 

5.       The Further Revised Regulatory Timetable is attached as Appendix A to this Order.

DATED at the City of Vancouver, in the Province of British Columbia, this      12^th       day of April 2010.

                                                                                                                                BY ORDER

                                                                                                                                  Original signed by:

                                                                                                                                Anthony J. Pullman

                                                                                                                                Panel Chair/Commissioner

Attachment

APPENDIX A

to Order G-69-10

Page 1 of 1

FURTHER REVISED REGULATORY TIMETABLE