IN THE MATTER OF
the Utilities Commission Act, R.S.B.C. 1996, Chapter 473
and
An Application by FortisBC Inc.
for a Certificate of Public Convenience and Necessity
for the Advanced Metering Infrastructure Project
Citizens for Safe Technology Society Application for
an Interim Participant Assistance/Cost Award
BEFORE: L.F. Kelsey, Commissioner
D.M. Morton, Commissioner April 3, 2013
N.E. MacMurchy, Commissioner
O R D E R
WHEREAS:
A. On July 26, 2012, FortisBC Inc. (FortisBC) applied to the British Columbia Utilities Commission (Commission) pursuant to sections 45, 46 and 56 of the Utilities Commission Act (Act), for the approval of the Advanced Metering Infrastructure (AMI) Project (Project);
B. By Order G-105-12, dated August 2, 2012, the Commission established a Preliminary Regulatory Timetable, subsequently amended by Order G-177-12 and Order G-17-13 to review the AMI Project (Proceeding);
C. Citizens for Safe Technology Society (CSTS) registered as an Intervener in the Proceeding;
D. On October 10, 2012, CSTS submitted a request for interim Participant Assistance/Cost Award (PACA) funding approval;
E. By Letter L-63-12 the Commission responded to CSTS stating that “under conditions and review according to the PACA Guidelines and without prejudice to the Commission Panel’s determination of any final award amount, the Commission Panel will consider approving funding of up to $25,000 in interim award funding upon presentation to the Commission of invoices for completed work and travel for consultants/ experts”;
F. Between January 30, 2013 and March 27, 2013, CSTS submitted requests for interim funding along with invoices totaling $84,850 from six separate consultants/experts for review of Proceeding materials, preparation of reports, opinion statements, information requests and in some instances, oral hearing testimony and undertakings;
G. Appendix A to Commission Order G-72-07 establishes Guidelines for PACA Awards (Guidelines), including eligibility, application process, interim awards and eligible costs and rates. The Guidelines, among other things, provide the party being asked to pay with an opportunity to comment on the cost award applications. The Guidelines also state that the Panel will determine the entitlement to a full or partial award, taking into account the criteria listed in section 1 of the Guidelines including but not limited to, (ii) Has the Participant contributed to a better understanding of the issues by the Commission, and (iii) Are the costs incurred by the Participant for the purposes of participating in the proceeding fair and reasonable;
H. On March 26, 2013, FortisBC Inc. submitted comments on the invoices received prior to March 21, 2013, stating it had no comment on the services rendered by Dr. Maisch, Dr. Blank, Dr. Schoechle, and Dr. Carpenter. FortisBC raised specific concerns with the amount invoiced by Dr. Jamieson claiming they were neither fair nor reasonable based on the number of days for preparation of a report compared to the average claimed by the other four experts;
I. CSTS subsequently submitted an additional invoice from Dr. Sears on March 27, 2013, in the sum of $21,750;
J. The Commission Panel has considered the submissions and determines that an interim PACA award is justified on the basis of the invoices provided for completed work for consultants and experts. The Panel makes no finding at this time on whether the consultants/experts enabled CSTS to contribute to a better understanding of the issues by the Commission, or whether the costs incurred by CSTS in retaining the consultants/experts were fair and reasonable.
NOW THEREFORE the Commission orders as follows:
1. Pursuant to section 118(1) of the Utilities Commission Act, the Commission awards interim PACA funds of $25,000 to the Citizens for Safe Technology Society for its participation in the Proceeding.
2. In support of its claim for a final PACA award, Citizens for Safe Technology Society must address the criteria listed in section 1 of the Guidelines and specifically address FortisBC Inc. comments regarding Dr. Jamieson’s invoiced amount.
3. FortisBC Inc. is directed to reimburse Citizens for Safe Technology Society for the amount awarded in a timely manner.
DATED at the City of Vancouver, in the Province of British Columbia, this 5th day of April 2013.
BY ORDER
Original signed by:
L.F. Kelsey
Commissioner