ORDER NUMBER

F-15-25

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

FortisBC Energy Inc. and FortisBC Inc.

2025 to 2027 Rate Setting Framework

Participant Cost Award Application

BEFORE:

T. A. Loski, Panel Chair

A. K. Fung, KC, Commissioner

W. E. Royle, Commissioner

on May 12, 2025

ORDER

WHEREAS:

A.      On April 8, 2024, FortisBC Energy Inc. (FEI) and FortisBC Inc. (FBC) (collectively, FortisBC) applied to the British Columbia Utilities Commission (BCUC), pursuant to sections 59 to 61 of the Utilities Commission Act, seeking approval of a rate-setting framework (Rate Framework) for FortisBC for three years from 2025 to 2027 (Original Application);

B.      On May 31, 2024 and September 13, 2024, FortisBC filed supplemental information relating to the impacts of the energy transition and climate change on the proposed Rate Framework as requested by the BCUC (Supplemental Information) and an updated application to include an errata to the Original Application (Errata);

C.      By Orders G-165-24 and G-255-24 dated June 18, 2024 and September 27, 2024, the BCUC set the scope and regulatory timetable for the review of the Original Application, Supplemental Information, and Errata (together, the Application), which included, among other things, intervener registration, two rounds of information requests (IRs), a deadline for interveners to provide notice of intent to file evidence, one round of BCUC Panel IRs, final arguments, and FortisBC reply argument;

D.      On March 18, 2025, by Orders G-69-25 and G-70-25 with accompanying decision, the BCUC made various determinations on the Application, including approving the Rate Framework and supporting studies for FortisBC, subject to certain adjustments;

E.       The following interveners filed Participant Cost Award (PCA) applications with the BCUC with respect to their participation in the proceeding:

F.       In accordance with Part IV of the BCUC’s Rules of Practice and Procedure, in April 2025, FortisBC provided its comments on the PCA applications and BCOAPO provided its reply submission; and

G.      The BCUC has reviewed the PCA applications in accordance with the criteria and rates set out in the BCUC’s Rules of Practice and Procedure and makes the following determinations.

NOW THEREFORE pursuant to section 118(1) of the Utilities Commission Act, and for the reasons outlined in the decision accompanying this order, the BCUC orders as follows:

1.    Costs are awarded to the following participants in the listed amounts below for their respective participation in the FortisBC 2025 to 2027 Rate Setting Framework proceeding:

2.    FortisBC is directed to reimburse the above-noted participants for the awarded amounts in a timely manner and to allocate 50 percent of the PCA costs to each of FEI and FBC.

DATED at the City of Vancouver, in the Province of British Columbia, this              12^th                day of May, 2025.

BY ORDER

Electronically signed by Tom Loski

T. A. Loski

Commissioner

FortisBC Energy Inc. and FortisBC Inc.

2025 to 2027 Rate Setting Framework

Participant Cost Award Application

1.0              Introduction

On April 8, 2024, FortisBC Energy Inc. (FEI) and FortisBC Inc. (FBC) (collectively, FortisBC) applied to the British Columbia Utilities Commission (BCUC), pursuant to sections 59 to 61 of the Utilities Commission Act, seeking approval of a rate-setting framework (Rate Framework) for FortisBC for three years from 2025 to 2027 (Original Application). Subsequently, on May 31, 2024 and September 13, 2024, FortisBC filed supplemental information relating to the impacts of the energy transition and climate change on the proposed Rate Framework as requested by the BCUC (Supplemental Information) and an updated application to include an errata to the Original Application (Errata).

By Orders G-165-24 and G-255-24 dated June 18, 2024 and September 27, 2024, the BCUC set the scope and regulatory timetable for the review of the Original Application, Supplemental Information, and Errata (together, the Application), which included, among other things, intervener registration, two rounds of information requests (IRs), a deadline for interveners to provide notice of intent to file evidence, one round of BCUC Panel IRs, final arguments, and FortisBC reply argument. The regulatory process included eight registered interveners and two letters of comment.

On March 18, 2025, by Orders G-69-25 and G-70-25 with accompanying decision, the BCUC made various determinations on the Application, including approving the Rate Framework and supporting studies for FortisBC, subject to certain adjustments.

Out of the eight registered interveners in this proceeding, six filed participant cost award (PCA) applications with respect to their participation. This decision addresses those six PCA applications as further described in Section 3.0 below.

2.0              Legislative Framework

Section 118(1) of the Utilities Commission Act provides that the BCUC may order a participant in a proceeding before the BCUC to pay all or part of the costs of another participant in the proceeding.^[1]

Part VI of the BCUC’s Rules of Practice and Procedure stipulates the eligibility requirements and criteria used in assessing cost awards, including the process for applying for a cost award and eligible costs. Part VI includes Rule 32.03, which states: “A participant may only claim costs for participation in a proceeding from the date the proceeding is initiated until the issuance of the final decision or report.”^[2]

3.0              PCA Applications

The following interveners filed PCA applications with the BCUC regarding their participation in the proceeding, as summarized in the table below:

In accordance with Part IV the BCUC’s Rules of Practice and Procedure, in April 2025, FortisBC provided its comments on the PCA applications and BCOAPO provided its reply submission. FortisBC stated that it has no comment in respect of the PCA applications if the BCUC is satisfied that the participants have met the eligibility requirements, that the time and amounts claimed are reasonable and appropriate, and that the level of participation has met with the BCUC’s criteria and requirements.^[3]

In its PCA application, the CEC requests a cost award of $35,139.27, which includes 0.70 legal counsel hours at an hourly rate of $240.00 on March 18, 2025, relating to “Correspondence from Commission re: filing; review of Order and Decision,” among other costs. The 0.70 legal counsel hours equates to a cost of $168.00 before applicable taxes, or $188.16 after applicable taxes.^[4]

Panel Determination

The Panel has reviewed the PCA applications in accordance with the BCUC’s Rules of Practice and Procedure. The Panel is satisfied that all PCA applicants are eligible for a cost award in accordance with Part VI of the BCUC’s Rules of Practice and Procedure and have contributed to a better understanding of the issues in this proceeding. The Panel awards PCA amounts to MoveUP, BCSEA, ICG, RCIA, and BCOAPO as applied for.

However, the Panel finds that the CEC’s costs related to reviewing the FortisBC 2025 to 2027 Rate Setting Framework Decision on March 18, 2025 are not allowed under Rule 32.03. As such, the Panel reduces the CEC’s cost award by $188.16 (i.e. $168.00 plus applicable taxes) to exclude these costs and awards the CEC a PCA amount of $34,951.11.

FortisBC is directed to reimburse all interveners for the awarded amounts in a timely manner and to allocate 50 percent of the PCA costs to each of FEI and FBC.

Dated at the City of Vancouver, in the Province of British Columbia, this              12^th               day of May 2025.

Electronically signed by Tom Loski

_________________________________

T. A. Loski

Panel Chair/Commissioner

Electronically signed by Anna Fung

_________________________________

A. K. Fung, KC

Commissioner

Electronically signed by Wendy Royle

_________________________________

W. E. Royle

Commissioner