ORDER NUMBER

F-3-26

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

British Columbia Hydro and Power Authority

Certificates of Public Convenience and Necessity for the Bridge River Projects

Participant Assistance Cost Award Application

 

BEFORE:

M. Jaccard, Panel Chair

A. C. Dennier, Commissioner

 

on January 21, 2026

 

ORDER

WHEREAS:

 

A.      On July 23, 2021, British Columbia Hydro and Power Authority (BC Hydro) filed an application with the British Columbia Utilities Commission (BCUC) for a Certificate of Public Convenience and Necessity (CPCN) pursuant to sections 45 and 46 of the Utilities Commission Act for the Bridge River 1 Units 1 to 4 Generator Replacement Project (BR1 Project) and a CPCN for the Bridge River Transmission Project (BRT Project);

B.      The following parties registered as interveners in this proceeding: British Columbia Old Age Pensioners’ Organization et al. (BCOAPO); British Columbia Sustainable Energy Association (BCSEA); Commercial Energy Consumers Association of British Columbia (the CEC); Residential Consumer Intervener Association (RCIA); British Columbia Solar and Storage Industries Association (BCSSIA); and St’át’imc Chiefs Council (SCC);

C.      On October 11, 2022, by Decision and Order C-6-22, the BCUC granted BC Hydro a CPCN for the BR1 Project subject to certain conditions, with further process on the BRT Project to be determined;

D.      The following interveners were granted interim Participant Assistance/Cost Award (PACA) applications with the BCUC as an advance against final awards with respect to their participation to date in this proceeding:

 

E.       On August 22, 2025, BCSSIA filed an interim PACA application seeking $88,677.40 in interim PACA funding;

F.       By letter, dated September 23, 2025, BC Hydro provided its comments on BCSSIA’s interim PACA application, stating in BC Hydro’s view, BCSSIA is eligible for a reduced cost award as its legal costs are higher in comparison to other interveners and as BCSSIA’s level of activity was lower than that of the CEC and RCIA;

G.      On October 29, 2025, BCOAPO filed an interim PACA application seeking $44,902.94 in interim PACA funding;

H.      On November 5, 2025, SCC filed a final PACA application seeking funding of $29,972.80 for its participation up until the BCUC Decision on the BR1 Project. On November 19, 2025, SCC filed further information regarding its PACA application, confirming it intends to apply its remaining interim PACA award towards participation in further process on the BRT Project;

I.         By letter dated November 12, 2025, the Panel clarified its intention to adjudicate final PACA awards from the start of the proceeding up to issuance of its Decision on the BR1 Project. In its letter, the Panel invited requested parties to file any further submissions regarding the PACA applications by November 26, 2025;

J.        The following parties confirmed they have no interim PACA amounts remaining up to the issuance of the BCUC decision on the BR1 Project: BCSEA, BCSSIA, the CEC and RCIA;

K.       By letter dated December 16, 2025, BC Hydro provided the following comments regarding the PACA applications:

•         BC Hydro agrees with the Panel’s intention to adjudicate final PACA from the start of the proceeding up to issuance of its Decision on the BR1 Project;

•         BC Hydro states that BCOAPO has participated in the proceeding and contributed to a better understanding by the BCUC of the issues in the proceeding. BC Hydro considers BCOAPO to be eligible for a cost award; and

•         BC Hydro agrees with the SCC’s request to seek funding of $29,972.80 for its participation up until the BCUC decision on the BR1 Project and use the remaining funds on further process on the BRT Project. However, BC Hydro notes that SCC has not filed any submissions to date on the BRT Project;

L.       The BCUC has reviewed all submissions received in accordance with the criteria and rates set out in the PACA Guidelines, attached to Order G-97-17, and makes the following determinations.

 

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

 

1.       Funding is awarded to the following interveners in the listed amounts as a final award for costs incurred up to issuance of the decision on the BR1 Project in this proceeding:

 

 

2.       BC Hydro is directed to reimburse the above-noted interveners for the awarded amounts in a timely manner in accordance with the “Remaining Payable” column in the table above.

3.       SCC is approved to use the $24,896.72 remaining of its interim award of $53,536 as an advance against its future costs incurred for the remainder of this proceeding.

 

DATED at the City of Vancouver, in the Province of British Columbia, this     21st   day of January 2026.

 

BY ORDER

 

Electronically signed by Mark Jaccard

 

M. Jaccard

Commissioner

 

 

British Columbia Hydro and Power Authority

Certificates of Public Convenience and Necessity for the Bridge River Projects

Participant Assistance Cost Award Application

 

1.0              Introduction

On July 23, 2021, British Columbia and Power Authority (BC Hydro) filed an application with the British Columbia Utilities Commission (BCUC) for a Certificate of Public Convenience and Necessity (CPCN) pursuant to sections 45 and 46 of the Utilities Commission Act for the Bridge River 1 Units 1 to 4 Generator Replacement Project (BR1 Project) and a CPCN for the Bridge River Transmission Project (BRT Project) (together, Application).

 

The following parties registered as interveners in this proceeding:

•         British Columbia Old Age Pensioners’ Organization et al. (BCOAPO);

•         BC Sustainable Energy Association (BCSEA);

•         British Columbia Solar and Storage Industries Association (BCSSIA);

•         Commercial Energy Consumers Association of British Columbia (the CEC);

•         Residential Consumer Intervener Association (RCIA); and

•         Stát’imc Chiefs Council (SCC).

 

On October 11, 2022, by Decision and Order C-6-22, the BCUC granted BC Hydro a CPCN for the BR1 Project subject to certain conditions consistent with BC Hydro’s commitments to the St’at’imc Nation with further process on the BRT Project to be determined.

 

The regulatory process up until the BCUC decision on the BR1 Project included: three rounds of written BCUC and Intervener information requests (IRs); one round of Panel IRs; submissions on further process by Interveners and BC Hydro, including BC Hydro’s reply; and written final arguments by BC Hydro and interveners, and reply argument by BC Hydro.

 

The following interveners were granted interim Participant Assistance / Cost Awards (PACA) as follows:

 

 

On September 26, 2025, BC Hydro filed an evidentiary update for the BRT Project. By Order G-248-25 dated October 15, 2025, the BCUC established a regulatory timetable for the review of the evidence for the BRT Project which includes one round of IRs, written final arguments by BC Hydro and interveners and reply argument by BC Hydro.

 

On November 12, 2025, by letter, the Panel clarified its intention to adjudicate final PACA from the start of the proceeding up to issuance of its Decision on the BR1 Project.[1]

 

BCSSIA

On August 22, 2025, BCSSIA filed an interim PACA application with the BCUC regarding its participation to date in this proceeding. BCSSIA seeks interim PACA funding of $88,677.40.

 

By letter dated September 23, 2025, BC Hydro provides its comments on BCSSIA’s interim PACA application, stating that in BC Hydro’s view, BCSSIA had actively participated and contributed to a better understanding of the issues to date in the Bridge River Projects proceeding. However, BC Hydro notes that the interim funding requested by BCSSIA, specifically its legal costs, are disproportionately higher than the costs awarded to the BCSEA, the CEC, RCIA and SCC for their participation to date. Further, BC Hydro finds BCSSIA’s level of activity in this proceeding to be low compared to that of the CEC and RCIA, noting as an example, a lower number of IRs from BCSSIA compared to the CEC and RCIA.

 

In reply to BC Hydro’s comments, BCSSIA explains it does not view the total number of IRs to be an effective measure of participation, stating that it prioritizes seeking additional depth and clarity on particular areas of its interest, such as issues related to the long-term planning of the whole Bridge River system.

 

BCSSIA notes the efforts it has made to pursue additional information regarding the risk of seismic and slide threats on the BR1 Project and address the issue of linkages between the BR1 Project and the BRT Project. BCSSIA further states it sought pertinent information regarding this issue in its third round of IRs, which
BC Hydro declined to answer on the basis that these IRs did not canvass information required to assist the BCUC in considering BC Hydro's request to proceed to a final argument phase on the BR1 Project in the absence of a complete application for the BRT Project. BCSSIA disagrees with BC Hydro on its findings that the IRs were not relevant and considers them to be highly pertinent to the issue of linkages between the BR1 and BRT Projects.

 

Regarding its legal costs, BCSSIA notes it has not had the privilege to review any other interim PACA applications or compare its legal costs against the budget submitted by another intervener. BCSSIA notes its legal counsel has a long history of involvement with many BC Hydro applications and that its interim PACA cost of $88,677.40 is just and reasonable.

 

SCC

On February 10, 2022, the BCUC granted interim funding to SCC in the amount of $53,536.00 as an advance against the BCUC’s final cost award determination after the conclusion of the proceeding.[2] The BCUC further stated it would review the amount requested in a final PACA application to ensure that incurred costs by SCC on this proceeding are fair and reasonable. This review would include scrutinizing the details of invoices for work related to the Application, and, if necessary, adjusting the amounts recoverable.

 

On November 5, 2025, SCC filed a final PACA application as part of the Panel’s decision to adjudicate final PACA awards up to the issuance of the BCUC decision on the BR1 Project. SCC seeks a lower funding amount of $29,972.80 for its participation up until the BCUC decision on the BR1 Project and files legal invoices to support this amount. On November 17, 2025, SCC filed its invoices to support its PACA application. In the invoices, SCC includes a total of $97.13, inclusive of GST, to prepare the budget and PACA funding application, review and submit the PACA application to the BCUC.[3] SCC’s invoices also include work dated after the BR1 Project decision issuance date of October 11, 2022, totalling charges of $1,236.39 inclusive of GST.[4]

On November 19, 2025, SCC filed further information regarding its PACA application, confirming it intends to use $23,563.20 of remaining interim PACA funds for legal services on the BRT Project, including engaging legal counsel to:

• provide legal advice regarding process, information requests and submissions;

• review hearing exhibits;

• draft IRs; and

• draft submissions for the proceeding.

 

By letter dated December 16, 2025, BC Hydro provides its comments on SCC’s request, stating that while it agrees with SCC’s request, it notes that SCC has not filed IRs on the BRT Project.

 

BCOAPO

On October 29, 2025, BCOAPO filed an interim PACA application with the BCUC regarding its participation to date in the proceeding. BCOAPO seeks interim PACA funding of $44,902.94.

 

By letter dated December 16, 2025, BC Hydro provides its comments on BCOAPO’s interim PACA application, stating that in BC Hydro’s view, BCOAPO is eligible for a cost award as it had actively participated and contributed to a better understanding of the issues to date in the Bridge River Projects proceeding.

 

BCSEA, BCSSIA, the CEC and RCIA

In reply to the BCUC letter, dated November 12, 2025, interveners BCSEA, BCSSIA, the CEC and RCIA all confirmed their PACA applications and interim funding amounts fully represented their contributions up to the BCUC decision on the BR1 Project.

 

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.[5]

 

Order G-97-17, dated June 15, 2017, outlines the PACA Guidelines. Section 3.0 of the PACA Guidelines relates to participant eligibility for a cost award and Section 4.0 relates to criteria for a cost award. In accordance with
G-178-22, the PACA Guidelines continue to apply to all BCUC proceedings commenced prior to June 30, 2022. Accordingly, as this proceeding commenced in July 2021, the Panel has reviewed PACA applications in accordance with the PACA Guidelines. As set out in the Panel’s letter of November 12, 2025, further intervener participation in the remainder of this proceeding will be adjudicated in accordance with the Participant Cost Award rules established in Order G-192-25. [6]

 

Panel Determination

Considerable time has passed since BC Hydro filed the original Application on July 23, 2021, and the proceeding was adjourned for almost three years awaiting BC Hydro’s evidentiary update on the BRT Project. In that time, the BCUC issued new guidelines for Participant Cost Awards with updated funding rates and the Panel for this proceeding has been amended. Therefore, we consider it reasonable to award final costs to interveners for their participation until the decision on the BR1 Project. As stated in Order G-248-25, interveners who confirmed their participation or registered after the BR1 Project Decision will have costs adjudicated in accordance with the PCA Rules.

 

The Panel agrees with BC Hydro that BCSSIA has contributed to the proceeding but disagrees that the fact that BCSSIA asked fewer IRs translates to a reduction in PACA funding. The Panel does not consider the number of IRs submitted to be an accurate way to assess intervener participation.  We recognize that BCSSIA’s legal costs were higher than the interveners that have submitted PACAs to date but do not note reasons to reduce their award. 

 

The Panel has reviewed the PACA applications and BC Hydro’s comments in accordance with the criteria and rates set out in the PACA Guidelines attached to Order G-97-17. The Panel is satisfied that the interveners who have requested a cost award meet the eligibility criteria outlined in the BCUC’s PACA Guidelines for a cost award in this proceeding. The Panel considers that each of these interveners have actively participated in the proceeding and contributed to a better understanding of the issues raised in the proceeding. The Panel finds that the amounts in the PACA applications and interim PACA applications for BCSEA, BCOAPO, BCSSIA, the CEC, and RCIA are reasonable and awards those participants their respective funding amounts as final awards.

 

The Panel notes that SCC’s supporting timesheet for legal counsel includes time spent preparing and submitting its PACA application. In the Panel’s view, it is not reasonable for the cost award to include these costs, as they relate to matters of billing. The BCUC typically does not award costs regarding the preparation of PACA budgets or applications. Also, SCC’s supporting timesheet includes charges for work completed after the issuance of the decision on the BR1 Project on October 11, 2022. In accordance with the Panel’s letter in Exhibit A-27, at this time the Panel is adjudicating final PACA for costs incurred up to the date of the decision on the BR1 Project. Accordingly, final costs will not be awarded for the $1,236.39 that SCC has incurred in legal fees after October 11, 2022. These charges of $1,236.39 would be considered as part of the PCA award on the BRT Project to be adjudicated at the end of the proceeding. Therefore, the Panel awards SCC with $28,639.28,[7] inclusive of GST, which is based on the reductions for fees to prepare and submit the PACA application, and costs incurred after the issuance of the decision on the BR1 Project.

 

Final PACA funding is awarded to the following participants in the listed amounts:

 

 

 

As interim awards have been granted, BC Hydro is directed to award only the difference between interim awards and final awards. Since SCC was previously awarded interim funding in an amount greater than their costs incurred to date, the difference in interim PACA awarded to SCC of $24,896.72 will be treated as a new interim cost award for their current and ongoing participation in the BRT Project proceeding.

 

 

 

Dated at the City of Vancouver, in the Province of British Columbia, this   21st   day of January 2026.

 

 

 

Electronically signed by Mark Jaccard

_________________________________

M. Jaccard

Panel Chair/Commissioner

 

 

Electronically signed by Ana Dennier

_________________________________

A. C. Dennier

Commissioner