LETTER NO. L‐93‐09
SIXTH FLOOR, 900 HOWE STREET, BOX 250
ERICA M. HAMILTON
VANCOUVER, B.C. CANADA V6Z 2N3
COMMISSION SECRETARY
TELEPHONE: (604) 660‐4700
Commission.Secretary@bcuc.com
BC TOLL FREE: 1‐800‐663‐1385
web site: http://www.bcuc.com
FACSIMILE: (604) 660‐1102
Log No. 31000
VIA EMAIL
October 14, 2009
Regulatory.affairs@terasengas.com
Mr. Scott A. Thomson
Mr. Tom Loski
Vice President
Chief Regulatory Officer
Regulatory Affairs and Chief Financial Officer
Terasen Gas Inc.
Terasen Gas Inc.
16705 Fraser Highway
16705 Fraser Highway
Surrey, BC V3S 2X7
Surrey, BC V3S 2X7
16705 Fraser Highway
Surrey, BC V4N 0E8
Dear Sirs:
Re: Terasen Gas Inc., Terasen Gas (Vancouver Island) Inc. and
Terasen Gas (Whistler) Inc. (“Terasen Utilities”)
Return on Equity and Capital Structure Application
________Request for Opening of Evidentiary Record_____
By letter dated October 9, 2009, counsel for Terasen Utilities requested that the evidentiary record be opened to allow the
National Energy Board October 8, 2009 cover letter and Reasons for Decision on its Review of the Multi‐Pipeline Cost of
Capital Decision (RH‐2‐94) (“October 8 NEB Decision”) to be entered as an exhibit. The cover letter and the October 8 NEB
Decision were attached to counsel’s letter.
The Commission has received comments on the request from the five Registered Intervenors who appeared at the Oral
Hearing: Industrial Customer Group (“ICG”), Joint Industrial Electricity Steering Committee (“JIESC”), Commercial Energy
Customers (“CEC”), British Columbia Old Age Pensioners’ Organization et al. (“BCOAPO”), and FortisBC Inc. (“FortisBC”).
The ICG, JIESC, CEC and BCOAPO all state that they do not object to Terasen Utilities referring to the October 8 NEB
Decision in Argument. The JIESC and CEC also did not object to the 2008 NEB Decision being referred to in Reply. All of
them stated that they do not believe that the evidentiary record needs to be reopened and also indicated that they do not
object to the NEB document being marked if that is felt to be useful or convenient. Only one Registered Intervenor,
FortisBC, filed a letter of support to the Terasen Utilities’ request to reopen the evidentiary record.
The Commission Panel has considered the Terasen Utilities’ request and the comments of the Intervenors. The Panel
agrees with counsel for the ICG that it can take administrative notice of the October 8 NEB Decision without the need to
reopen the evidentiary record. For this reason and given the numerous references in the proceeding to the review process
by the NEB of its RH‐2‐94 Decision, the Panel concludes that Terasen Utilities will be allowed to refer to the October 8 NEB
Decision in Argument and in Reply and that it is not necessary to reopen the evidentiary record for Terasen Utilities to do
so.
Yours truly,
Original signed by:
Erica M. Hamilton
cms
cc:
Mr. Cal Johnson, Faskin Martineau
Registered Intervenors
PF/TUS_ROE‐CapStructure/GenCor/L‐93‐09_Ref NEB Decision in Argument
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