September 10, 2021
Sent via email Letter L-32-21
Ms. Erin Thomson-Leach
Principal
JFK Law Corporation
816-1185 Douglas Street
Victoria, BC V8W 2E1
ethomson-leach@jfklaw.ca
Re: Ka:yu:’k’t’h’ / Che:k’tles7et’h’ First Nations – Application to seek permission to file a reconsideration of Order and Decision G-213-21
Dear Ms. Thomson-Leach:
On August 27, 2021, Ka:yu:’k’t’h’ / Che:k’tles7et’h’ First Nations (KCFN) submitted to the British Columbia Utilities Commission (BCUC) a letter seeking permission to file a reconsideration of Order and Decision G-213-21 (Application).
The BCUC Order and Decision G- 213-21 (Order) was issued on July 12, 2021 following the review of a Revenue Requirements Application (RRA) filed by Kyuquot Power Limited (KPL). In the Order, the BCUC approved, amongst other things, an increase to KPL’s basic and energy charges contained in rate schedules 1101 and 1102.
In reviewing applications for leave to file a reconsideration application, the BCUC relies on Section 26.01 of the BCUC’s Rules of Practice and Procedure, which states:
A person, other
than the applicant or an intervener in the original proceeding that gave rise
to the decision, may not file an application for reconsideration without
obtaining prior permission of the BCUC. In applying to the BCUC for permission
to file an application for reconsideration, the person seeking permission must
explain:
a)
why the person did not participate in the original proceeding; and
b) how the person is directly or sufficiently affected by the decision or how the person has experience, information or expertise relevant to a matter arising from the decision
In its Application, KFCN has stated it limited its participation in the RRA due to a lack of capacity and limited resources. With regards to how it is affected by the Order, KCFN cited electricity affordability issues, stating it does not recover costs of distributing power to its citizens and operates at a significant loss and furthermore, rate increases amplify their costs.
The BCUC has reviewed the Application and grants permission to KCFN to file a reconsideration application in accordance with the requirements of Part V of the BCUC Rules of Practice and Procedure no later than September 24, 2021.
Sincerely,
Original signed by:
Patrick Wruck
Commission Secretary
KN/cmv
cc: Robin Phillips
JFK Law Corporation
RPhillips@jfklaw.ca