MARY Document Id: 0008C Document Name: VIGPL-Cost Award Operator: C. Smith/S. Werner Author: Panel Comments: January 18, 1985 OPERATION TIME WORKTIME KEYSTROKES Created 01/17/85 11:08 :06 1184 Last Revised 01/25/85 09:08 :05 313 Last Printed 01/25/85 09:14 Last Archived 01/22/85 11:42 onto Diskette 0063B Total Pages: 7 Total Worktime: ] :25 Total Lines: 104 Total Keystrokes: 9110 to be orin ted: 7
IN THE MATTER OF THE UTILITIES COMMISSION ACT S.B.C. 1980, c. 60, as amended and IN THE MATTER OF AN APPLICATION FOR. COSTS BY THE ALKALI LAKE INDIAN BAND DECISION January 18, 1985 BEFORE: M. Taylor, Chairman N. Martin, Commissioner P.C.M. Freeman, Commissioner D.H. Hushion, Commissioner
TABLE OF CONTENTS APPEARANCES LIST OF EXHIBITS COST AWARD DECISION ORDER NO. G- 2- 85 Page No. (i) (ii)
APPEARANCES R. ER, W.H. N, and M.F. R.B. Esq. C.W. SAN N, Esq. D. MASUHARA, J.J. Esq. D. ALL WEST REPORTING LTD. Lake Indian Band British Columbia and Power ICG Island Transmission Ltd. and Vancouver Island Gas Company Ltd. Westcoast Transmission Company Inland Natural Co. Ltd. mission Counsel Officer (i)
LIST OF EXHIBITS Application for Award of Costs- dated May 29, 1984 Submission of Mrs. Denise Lawson dated January 2, 1985 Submission of Parksville and District Chamber of Commerce dated January 9, 1985 Submission of the City of Nanaimo Southern Gas Route Committee dated January 9, 1985 Submission of the District of Powell River dated January 10, 1985 Submission of Inland Natural Gas Co. Submission of B.C. Hydro and Authority dated January 10, 1985 Submission of Westcoast Transmission Company Limited dated January 10, 1985 Submission of ICG Island Transmission Ltd. dated January 8, 1985 Submission of Laurel Explorations Ltd. dated January 7, 1985 Submission of Mrs. Elizabeth Rennie Submission of Mr. Rossander Reply of Alkali Lake Indian Band to Intervenors' Submissions dated January 16, 1985 . Exhibit No. Lake Band 2 3 4 5 dated January 11, 1985 6 7 8 9 10 January 4, 1985 11 January 3, 1985 12 13
ALKALI LAKE INDIAN BAND COST AWARD DECISION On January 17, 1985, the Vancouver Island Natural Gas Pipeline Project Panel held a public hearing to deal with the Alkali Lake Indian Band request for costs associated with the Band's intervention at the Vancouver Island Natural Gas Pipeline Hearing. This hearing was to consider only recoverable costs of the Alkali Lake Indian Band and was further limited to the scale or tariff of costs to be allowed, the particular items for which costs may be allowed and against whom payment of those costs may be ordered. On December 20, 1984, the Commission had directed that all intervenors and applicants file written submissions with respect to the matters to be deliberated at the January 17, 1985 hearing. The Commission travelled to Alkali Lake and heard evidence from the Band members on November 9 and 10, 1983. The Commission, except as hereinafter noted, accepts the costs and disbursements presented by the Band for the hearing at Alkali Lake. A cost award by this Commission to an intervenor must reflect the value of that intervention. An intervenor who expends time and effort which does not contribute to nor advance understanding of the issues should not be compensated for those efforts.
2 On May 7 and 8, 1984 the Band presented further oral evidence in Vancouver. The Band also seeks costs and disbursements for its participation in May. The Commission considers that there was benefit in the further oral evidence adduced in Vancouver. That evidence was in large measure a duplication of the evidence taken at Alkali Lake and therefore of limited value. Accordingly the time costs for legal services for the Band's participation in the month of April 1984 have been allowed at 50% the amount presented. Disbursements for the Band's participation in Vancouver have been allowed in full. The Commission has made further cost reductions as follows : 1) That no individual bill more than 8 hours day. 2) That the hourly rate of Clarine Ostrove, a junior lawyer, is reduced to $60 per hour for a maximum of $480 per day. The actual number of hours spent was presented at 47.2 but 56.7 is the corrected total which has been allowed. 3) That any costs associated with the Band's efforts to obtain funding for its intervention are disallowed. 4) That as the Commission attended at Alkali Lake in response to the invitation of the Band the rental fee for use of the Sxoxomic School Gymnasium is disallowed.
3 Calculation of these reductions in the bill of costs presented by the Alkali Lake Indian Band results in an award of costs of $28,765.12. The Commission orders that B.C. Hydro and Westcoast Transmission share equally in payment of the $28,765.12 to the Alkali Lake Indian Band. DATED at the City of Vancouver, in the Province of British Columbia, this 18th day of January, 1985. ner
...._,s-r. CO!_t_;4, ~ ~ ():) Y' c <' ,...\ "0 Y. 0' ORDER /;-/~ ~,0 s coNI NUMBER G-2-85 IN THE MATTER OF t.he Utilities Commission Act, S.B.C. 1980, c. 60, as amended and IN THE MATTER OF an ication for Costs by the Alkali Indian Band BEFORE: M. Taylor, Chairman; N. Martin, Commissioner; January 18, 1985 P.C.M. Freeman, Commissioner; and D.H. Hushion, Commissioner WHEREAS on March 30, 1984 the Court of Appeal heard the Alkali Lake Indian Band's Appeal for costs associated with their intervention in the c hearing concerning the Vancouver Island Natural Gas Pipeline Project; and WHEREAS on April 27, 1984 the Court of Appeal issued Reasons for Judgment allowing the Band's Appeal and making an order that the Alkali Lake Indian Band is an Intervenor entitled to costs under Section 133(1) of the Utilities Commission Act; the scale or tariff of the costs, the particular items for which costs are to be allowed, by whom, and when the costs are to be paid are all matters for the Commission to decide; and ... /2 FOUflTH FLOOR, 800 SMITHE STREET, VANCOUVER, 8 C. V6Z 2ll, CANADA, TELEPHONE (604)660-4700, TELEX 04ยท14536
ORDER G-2-85 2 NUMBER WHEREAS pursuant to a Commission notice dated December 20, 1984 all Applicants and Intervenors in the Pipeline Project Hearing were notified that written submissions would be accepted by the Commission, not later than January 10, 1985, pertaining to the matters specified in the April 27, 1984 Reasons stated by the Court of Appeal; and WHEREAS the December 20, 1984 notice also stated that a hearing of oral submissions related only to Alkali Lake Indian Band costs would commence on January 17, 1985; and WHEREAS the hearing was completed before the Commission on January 17, 1985. NOW THEREFORE the Co~nission hereby orders as follows: 1. That in keeping with the Cost Award Decision issued concurrently with this Order costs in the amount of $28,765. 2 be paid to the Alkali Lake Indian Band. 2. B.C. Hydro and Power Authority and Westcoast Transmission Company, Limited will share equally in payment of the above costs to the Alkali Lake Indian nand. The amount is now due and payable. DATED at the City of Vancouver, in the Province of British Columbia this jj/!- January, 1985. BY ORDER Jl~~ Chairman
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