LETTER NO. L‐52‐08 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. 26663 VIA E‐MAIL kgustafson@lmls.com November 7, 2008 BC HYDRO POWER PURCHASE AGREEMENT TO AMEND SECTION 2.1 OF RATE SCHEDULE 3808 EXHIBIT A‐11 Mr. Karl E. Gustafson Lang Michener LLP Barristers & Solicitors 1500 Three Bentall Centre PO Box 11117 1055 West Georgia Street Vancouver, BC V6E 4N7 Dear Mr. Gustafson: Re: British Columbia Hydro and Power Authority (“BC Hydro”) Project No. 3698531/Order No. G‐148‐08 Application to Amend Section 2.1 of Rate Schedule 3808 Power Purchase Agreement (“PPA”) On November 4, 2008 the City of Nelson, through its solicitors Lang Michener LLP, filed a letter (Exhibit C8‐2) with the British Columbia Utilities Commission (the “Commission”) asking that the Commission: 1. either extend the time for filing of Information Requests or confirm that Intervenors will have the latitude to ask questions in the second round of Information Requests that are not strictly limited to new information filed in response to the first round of Information Requests, and 2. regardless of the Commission’s decision with respect to item #1, allow not less than seven business days from the date on which BC Hydro must respond to all Information Requests for the filing by Intervenors of their evidence, with appropriate consequential adjustments to the remainder of the Timetable. As the original regulatory timetable contemplated 3 business days for Intervenors to prepare and file their initial Information Requests, the City of Nelson suggested that the original regulatory timetable does not allow Intervenors sufficient time to prepare and file their evidence once the Application is finally completed following the Information Request process. On November 4, 2008, as BC Hydro was late filing its response to Commission Information Request No. 1, the Commission posted Exhibit A‐10 extending the original timetable by two business days. The City of Nelson did not indicate that it was aware of Exhibit A‐10. . . . /2
2 By letter dated November 6, 2008, BC Hydro submitted that the City of Nelson and FortisBC have already had about three months to consider their positions and the evidence they may need to support their positions, and that the requested time extension will likely further delay a Commission determination on the matter. Meanwhile, FortisBC continues to be able to supply increased PPA energy to the City of Nelson, and so BC Hydro opposes any further extension to the Regulatory Timetable. In response to the first request from the City of Nelson, which BC Hydro does not oppose, the Commission confirms that Intervenors may ask questions in the second round of Information Requests that are not strictly limited to new information filed in response to the first round of Information Requests but advises that the questions must remain relevant to the Application. In response to the second request from the City of Neslon, the Commission recognizes the concerns of BC Hydro but concludes that a modest increase to the current three business days between when BC Hydro is to respond to Information Requests and when Intervenor Evidence is to be filed is warranted in the circumstances. The Commission therefore extends the time for Intervenors to file Evidence to December 12, 2008, seven calendar days after BC Hydro is to respond to all Information Requests. Corresponding changes are made to subsequent filing dates, and the Revised Regulatory Timetable is Attachment A to this Letter. Yours truly, Original signed by: Constance M. Smith for: Erica M. Hamilton JBW/yl Enclosure cc: Registered Intervenors (BCH‐PPA‐RI) PF/BCH/GenCor/A‐11_Response to C8‐2
An Application by British Columbia Hydro and Power Authority (“BC Hydro”) to Amend Section 2.1 of Rate Schedule 3808 (“RS 3808”) Power Purchase Agreement (“PPA”) REVISED REGULATORY TIMETABLE ACTION Publication of the Notice of Application by BC Hydro Commission Information Request No. 1 to BC Hydro BC Hydro Responses to Commission Information Request No. 1 Registration of Intervenors and Interested Parties with the Commission Intervenor Participant Assistance Budgets Intervenor Information Requests No. 1 to BC Hydro BC Hydro Responses to Intervenor Information Requests No. 1 Commission and Intervenor Information Requests No. 2 to BC Hydro BC Hydro Responses to Commission and Intervenor Information Requests No. 2 Submission of Intervenor Evidence Commission, Applicant and Intervenor Information Requests No. 3 on Intervenor Evidence Intervenor Response to Commission, Applicant and Intervenor Information Requests No. 3 BC Hydro Final Submissions Intervenor Final Submissions BC Hydro Reply Submission APPENDIX A to Letter L‐52‐08 Page 1 of 1 DATE (2008) Friday, October 10 Wednesday, October 22 Wednesday, October 29 Friday, October 31 Monday, November 3 Friday, November 7 Friday, November 21 Friday, November 28 Friday, December 5 Friday, December 12 Friday, December 19 Tuesday, December 30 DATE (2009) Friday, January 9 Friday, January 16 Friday, January 23 . . . /2
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