IN THE MATTER OF

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

and

Applications for Participant Assistance/Cost Awards

in the British Columbia Hydro and Power Authority

F2012 to F2014 Revenue Requirements Application

BEFORE:                 L.A. O’Hara, Panel Chair/Commissioner

                                D.M. Morton, Commissioner                                              October 10, 2012

                                A.A. Rhodes, Commissioner

O  R  D  E  R

WHEREAS:

A.       On March 1, 2011, British Columbia Hydro and Power Authority (BC Hydro) filed its Revenue Requirements Application for its fiscal years 2012, 2013 and 2014 (F2012-F2014 RRA) with the British Columbia Utilities Commission (Commission) and on November 24, 2011, BC Hydro filed amendments to the Application;

B.       On May 22, 2012, the Lieutenant Governor in Council, by Order in Council No. 314, issued Direction No. 3 to the

Commission requiring the Commission to issue a final order to BC Hydro as requested in the Amended BC Hydro F2012-F2014 RRA except for certain adjustments specifically noted in the Direction;

C.       Section 4(1) of Direction No. 3 set the maximum number of eligible preparation days at 30 for Participant Assistance/Cost Awards (PACA);

D.       On June 20, 2012, by way of Order G-77-12A,  the Commission issued its final Decision on the BC Hydro F2012-F2014 RRA;

E.        Subsequent the issuance of Order G-77-12A the following Interveners filed applications for participant assistance:

F.        BC Hydro provided no substantive comments on the individual PACA Applications in its letter of September 12, 2012 to the Commission, stating only that it supports the funding requests and noted that none of the Applications had exceed the 30 day threshold set in Direction No. 3;

G.       The Commission has reviewed the PACA applications with regard to both the criteria and rates set out in the PACA Guidelines in Commission Order G-72-07 and the restriction set out in Direction No. 3 and has concluded that cost awards should be approved for Interveners in the proceeding with Reasons for Decision attached as Appendix A to this Order.

NOW THEREFORE pursuant to section 118(1) of the Utilities Commission Act, the Commission orders as follows:

1.         Funding is awarded to the following for their participation in the British Columbia Hydro and Power Authority F2012-F2014 Revenue Requirements Application proceeding:

2.      BC Hydro is directed to reimburse the above-noted Participant for the Award amount in a timely manner.

DATED at the City of Vancouver, in the Province of British Columbia, this      10^th               day of October 2012.

                                                                                                                                BY ORDER

                                                                                                                            Original signed by:

                                                                                                                                L.A. O’Hara

        Commissioner

Attachment

Applications for Participant Assistance/Cost Award

in the British Columbia Hydro and Power Authority

Fiscal 2012-F2014 Revenue Requirements Application

1.0          INTRODUCTION

On March 1, 2011, the British Columbia Hydro and Power Authority (BC Hydro) filed its Revenue Requirements Application

for its fiscal years 2012, 2013 and 2014 (F2012, F2013 and F2014) (F2012-F2014 RRA) with the British Columbia Utilities

Commission (Commission) and on November 24, 2011, filed amendments to the Application.

On May 22, 2012, the Lieutenant Governor in Council, by Order in Council No. 314, issued Direction No. 3 to the

Commission requiring the Commission to issue a final order to BC Hydro as requested in the Amended BC Hydro F2012-F2014 RRA except for certain adjustments specifically noted in the Direction.  Section 4(1) of Direction No. 3 set the maximum number of preparation day that can be claimed for Participant Assistance/Cost Award (PACA) at 30. 

On June 20, 2012 the Commission issued its final Decision on the BC Hydro F2012-F2014 RRA in Order G-77-12A.

2.0          PACA Applications

The Commission’s PACA Guidelines are set out Order G-72-02.

The Commission received eight PACA Applications from Interveners pursuant to section 118 of the Utilities Commission Act relating to the F2012-F2014 RRA.  The PACA Applications total $579,538.01, summarized as follows:

BC Hydro had no substantive comments on the PACA Applications in its letter of September 12, 2012 and supported the funding request stating that none of the Applications had exceed the 30 day threshold set in Direction No. 3. 

3.0          ADJUSTMENTS TO INDIVIDUAL PACA APPLICATION AMOUNTS

The Commission Panel has reviewed all eight PACA applications.  The Panel has taken into considered the PACA Guidelines as set out in Order G-72-02, the restriction as set out in Direction No. 3 and BC Hydro’s comments, and makes the following determinations with respect to cost awards.

The BCOAPO, COPE, CEC, AMPC, ESVI, and Vanport Sterilizers Inc. applications were all within the guidelines set out in Order G‑72-02 and did not exceed the restrictions set out in Direction No. 3.  The Panel is awarding each of these Interveners the full amount of their PACA request without adjustment. 

BCSEA and Clean Energy BC applications were within the guideline set in Order G-72-02; however, they both exceeded the restrictions set out in Direction No. 3 in respect to the number of eligible legal days claimed.  The Panel makes the following reductions:

BCSEA

BCSEA claims for costs total $109,551.47(including HST).  The BCSEA claimed 30.8 legal days at $1,800 plus HST while Direction No. 3 set the maximum allowable days at 30, an excess of .8 of a day.  The Panel has reduced BCSEA’s award by $1,612.80 [($1,800 X .8) * 1.12] to account for the excess time claimed.  The Panel has no concerns with the remaining award requested by BCSEA.  The adjusted BCSEA cost award is $107,938.67 (including HST).

Clean Energy BC

Clean Energy BC claims for costs total $103,880.00 (including HST).  Clean Energy BC claimed 32.5 legal days at $1,800 plus HST while the Direction No. 3 set the maximum allowable days at 30, an excess of 2.5 days.  The Panel has reduced Clean Energy BC’s award by $5,040 [($1,800 X 2.5) * 1.12] to account for the excess time claimed.  The Panel has no concerns with the remaining award requested by Clean Energy BC.  The adjusted Clean Energy BC cost award is $98,840.00 (including HST).