ORDER NUMBER
F-38-23
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
British Columbia Hydro and Power Authority
Complaint filed by Gitga’at First Nation regarding Remote Community Electrification Program Fees
Participant Cost Award Application
BEFORE:
C. M. Brewer, Panel Chair
A. K. Fung, KC, Commissioner
T. A. Loski, Commissioner
on October 30, 2023
ORDER
WHEREAS:
A. On April 6, 2022, Gitga’at First Nation (GFN) filed a complaint with the British Columbia Utilities Commission (BCUC) concerning an annual charge of approximately $85,000, paid to British Columbia Power and Hydro Authority (BC Hydro) in relation to an electricity service agreement (Complaint);
B. By Order G-272-22 dated September 28, 2022, the BCUC established a public proceeding to hear the Complaint (Complaint Proceeding);
C. The regulatory timetable for the Complaint Proceeding included, amongst other things, public notice, intervener registration, letters of comment, and information requests;
D. By letter dated September 29, 2022, GFN requested eligibility for a cost award in the Complaint Proceeding pursuant to Rule 34.03 of the BCUC’s Rules of Practice and Procedure (PCA Eligibility Request);
E. By Order G-290-22 dated October 18, 2022, the BCUC granted GFN’s PCA Eligibility Request;
F. On September 18, 2023, the BCUC issued Decision and Order G-247-23 finding the annual charge to be an unapproved rate and directing BC Hydro to refund GFN the amounts collected since the inception of the electricity service agreement, plus interest;
G. On September 19, 2023, GFN filed a participation cost award application with the BCUC with respect to GFN’s participation in the Complaint Proceeding for a total of $33,892.50 (PCA Application);
H. By letter dated October 6, 2023, BC Hydro provided its comments on the PCA Application, stating that it has no objection to GFN receiving the cost award requested; and
I. The BCUC concludes that the cost award requested by GFN should be granted.
NOW THEREFORE pursuant to section 118(1) of the Utilities Commission Act, the BCUC orders as follows:
1. Costs are awarded to GFN for the requested amount of $33,892.50 for its participation in the Complaint Proceeding.
2. BC Hydro is directed to reimburse GFN for the awarded amount in a timely manner.
DATED at the City of Vancouver, in the Province of British Columbia, this 30th day of October 2023.
BY ORDER
Original signed by:
C. M. Brewer
Commissioner