LETTER NO. L-96-07 ERICA M. HAMILTON SIXTH FLOOR, 900 HOWE STREET, BOX 250 COMMISSION SECRETARY VANCOUVER, B.C. CANADA V6Z 2N3 Commission.Secretary@bcuc.com TELEPHONE: (604) 660-4700 web site: http://www.bcuc.com BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 Log No. 21853 VIA E-MAIL November 30, 2007 TO: British Columbia Hydro and Power Authority Alcan Inc. Registered Intervenors/Interested Parties Re: British Columbia Hydro and Power Authority Filing of Electricity Purchase Agreement with Alcan Inc. as an Energy Supply Contract Pursuant to Section 71 Phase II – Carrier Sekani Tribal Council Reconsideration Motion This letter establishes the regulatory timetable for the Phase II review of the Carrier Sekani Tribal Council (“CSTC”) reconsideration motion (Exhibit C21-2). Support for the proposed process and schedule (T7:1239) was received from BC Hydro and Alcan. CSTC proposes alternative processes and schedules. CSTC submits that it cannot be expected to make final argument on the 2007 EPA until its motion for reconsideration has been determined and, further, that the proposed process prejudges the motion and pre-supposes its rejection. The Commission Panel does not accept the submissions of CSTC. A decision cannot be made on the section 71 filing before the decision on the reconsideration motion has been made; however, argument can proceed on the issues that are within the Scoping Order (Exhibit A-9). If the Scoping Order is amended as requested by CSTC, then the evidentiary record will need to be reopened and an opportunity for argument will be provided. The new evidence and further argument may or may not be limited to the duty to consult and, if necessary, to accommodate. That further process will need to be determined and will need to occur before the decision on the section 71 filing of BC Hydro. The Regulatory Timetable established by Order No. G-120-07 is revised by adding the following Phase II review: DATE (2007) CSTC Motion and Written Submission Tuesday, December 4 Written Submissions by Others Tuesday, December 11 CSTC Written Reply Friday, December 14 …/2
The Commission Panel expects to issue a decision on or before December 18, 2007. If further process is required, process and schedule submissions may be requested during the oral phase of argument scheduled for December 18, 2007. cms PF/BCH_Alcan 2007EPA/L-96-07_Amended Tmtble CSTC Reconsdrtn Motion 2 LETTER NO. L-96-07 Yours truly, Original signed by: Erica M. Hamilton
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