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
Further Amended Regulatory Timetable
BEFORE: L.F. Kelsey, Commissioner
D.M. Morton, Commissioner April 19, 2013
N.E. MacMurchy, Commissioner
O R D E R
WHEREAS:
A. On April 12, 2013, the British Columbia Utilities Commission (Commission) provided an opportunity for participants to comment on a request made by Intervener, Mr. Andy Shadrack, to reopen the evidentiary record for this proceeding for the purpose of including an image intended to be a part of a previous submission;
B. The submission by Mr. Shadrack on February 21, 2013 (Exhibit C-13-30-1) was a forwarded email from Mr. Bill Weber to Mr. Shadrack and appeared to intend to include an image; however the image did not display on the emailed submission to the Commission, nor does it display on the Commission’s evidentiary record in hard copy or on the Commission’s website;
C. On April 9, 2013, Mr. Shadrack wrote to the Commission acknowledging that the evidentiary record for the proceeding closed with the end of the oral hearings on Friday, March 15, 2013 and requested that the submission be “…corrected, with addition of the chart as an errata”;
D. Submissions were received from Mr. Keith Miles in support of re-opening the evidentiary record for this purpose, and from FortisBC Inc. and Mr. William Andrews on behalf of the B.C. Sustainable Energy Association and Sierra Club of British Columbia who were not in support of re-opening the evidentiary record at this stage;
E. The Commission Panel has considered the submissions determines that it will not re-open the evidentiary record at this stage having given particular consideration to the following:
i. The February 21, 2013 submission was not filed in accordance with the Commission’s Document Filing Protocols;
ii. If the Commission were to receive the image, it would not be able to confirm that the image is the same as was intended for submission on February 21, 2013 in Exhibit C13-30-1;
iii. The parties to the proceeding cannot be provided sufficient opportunity to test the merits of the image if submitted at this stage as evidence, without additional regulatory process; and
iv. FortisBC Inc. (the Applicant) has already filed its Final Submission.
NOW THEREFORE the Commission denies Mr. Andy Shadrack’s request to correct Exhibit C13-30-1 “…with addition of [a] chart as an errata.” The Commission does not permit the reopening of the evidentiary record for the purpose requested.
The submission filed by Mr. Shadrack on February 21, 2013, was not filed in accordance with the Commission’s Document Filing Protocols, and although the Commission strives to accommodate alternative, yet secure, methods of filing, it is the participant’s responsibility to ensure the filing is submitted and received as intended for evidence. It is important to note that the established rounds of Information Requests are intended to provide all participants an opportunity to test the merits of evidence filed. The Commission Panel is not persuaded that the image would provide sufficient value that would warrant additional regulatory process.
DATED at the City of Vancouver, in the Province of British Columbia, this 19th day of April 2013.
BY ORDER
Original signed by:
L.F. Kelsey
Commissioner