Transmission Common Group Application

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1 Decision D Transmission Common Group Application November 2, 2017

2 Alberta Utilities Commission Decision D Transmission Common Group Application Proceeding November 2, 2017 Published by Alberta Utilities Commission Fifth Avenue Place, Fourth Floor, 425 First Street S.W. Calgary, Alberta T2P 3L8 Telephone: Fax: Website:

3 Contents 1 Introduction Commission findings Consumers Coalition of Alberta Order... 4 ii Decision D (November 2, 2017)

4 Alberta Utilities Commission Calgary, Alberta Transmission Common Group Application Decision D Proceeding Introduction 1. In this decision, the Alberta Utilities Commission considers applications (the costs claim applications) by (transmission) (ATCO Electric) and the Consumers Coalition of Alberta (CCA) for approval and payment of their costs of participation in Proceeding (the original proceeding). The following table sets out the costs claimed and the amounts awarded: Claimant Fees Disbursements GST Amount Fees Disbursements GST Amount ATCO Electric Bennett Jones LLP $47, $ $0.00 $48, $47, $ $0.00 $48, $47, $ $0.00 $48, $47, $ $0.00 $48, CCA Wachowich & Company $11, $0.00 $ $12, $11, $0.00 $ $12, Dustin Madsen Consulting $112, $0.00 $5, $118, $112, $0.00 $5, $118, $124, $0.00 $6, $130, $124, $0.00 $6, $130, of all amounts claimed and awarded $178, $178, The Commission has decided to approve the costs, as claimed, for the reasons provided below. 3. The original proceeding was convened by the Commission to consider ATCO Electric s transmission common group application. The original proceeding included information requests (IRs), responses to IRs, argument and reply argument. The close of record for the original proceeding was April 5, 2017 and the Commission issued Decision D on July 4, ATCO Electric submitted its costs claim application on May 4, 2017, within the 30 day timeline permitted by the Commission s rules. The Commission assigned Proceeding and Application A001 to the costs claim application. 5. The CCA submitted its costs claim application on May 5, 2017, within the 30 day timeline permitted by the Commission s rules. Within Proceeding 22632, the CCA s costs claim application was assigned Application A002. In its costs claim application, the CCA advised that it was working with its consultants and legal counsel to prepare a document that 1 Proceeding 21701: Transmission Common Group Application. 2 Decision D : Transmission Common Group Application, Proceeding 21701, July 4, Decision D (November 2, 2017) 1

5 Transmission Common Group Application would satisfy a Commission direction to the CCA set out in Decision D The direction required the CCA to provide the Commission with certain information with respect to the management of its interventions in Commission proceedings. 6. On May 25, 2017, the CCA filed additional information in the form of a costs attestation letter that it proposed to include in all future costs claim applications to satisfy the Commission s direction from Decision D On June 14, 2017 the Commission issued correspondence requesting further information from the CCA. The Commission received this additional information from the CCA on June 28, On July 27, 2017, the Commission found that the CCA had satisfied the direction from Decision D and resumed the process to address the CCA s costs claim application. 7. In a July 27, 2017 letter, the Commission invited comments on the costs claim applications from interested parties by August 2, 2017, with reply comments due by August 9, No comments were filed with respect to the costs claim applications and the Commission considers the close of record for this proceeding to be August 9, Commission findings 9. The Commission s authority to award costs for participation in a utility rates proceeding is found in Section 21 of the Alberta Utilities Commission Act. When considering a claim for costs for a utility rates proceeding, the Commission is also guided by the factors set out in Section 11 of Rule 022: Rules on Costs in Utility Rate Proceedings (Rule 022). These factors include, among other things, whether eligible participants costs claims are reasonable and directly and necessarily related to the original proceeding, and whether the participants acted responsibly and contributed to a better understanding of the issues before the Commission. Appendix A of Rule 022 prescribes a Scale of Costs applicable to all costs claimed The following table summarizes ATCO Electric s costs claim: Claimant ATCO Electric Hours Preparation Attendance Argument Fees Disbursements GST Bennett Jones LLP $47, $ $2, $50, $47, $ $2, $50, The Commission finds that ATCO Electric acted responsibly in the original proceeding and contributed to a better understanding of the relevant issues in the proceeding. 3 Decision D : Transmission General Tariff Application Costs Award, Proceeding 21747, January 30, Decision D (November 2, 2017)

6 Transmission Common Group Application Bennett Jones LLP 12. ATCO Electric was represented by Bennett Jones LLP in the original proceeding. The fees claimed by ATCO Electric for the legal services provided by Mr. Loyola Keogh and Ms. Deirdre Sheehan relate to reviewing the application, reviewing IRs, reviewing intervener evidence, drafting argument and reply argument and reviewing intervener argument and reply argument. 13. The Commission finds that the services performed by Mr. Keough and Ms. Sheehan were directly and necessarily related to ATCO Electric s participation in the original proceeding, and that the fees and disbursements, which were claimed in accordance with the Scale of Costs for those services, are reasonable. Accordingly, the Commission approves ATCO Electric s claim for legal fees for Bennett Jones LLP in the amount of $48,337.50, disbursements for photocopying of $ and GST of $2,416.88, for a total of $50, Consumers Coalition of Alberta 14. The following table summarizes the CCA s costs claim. Claimant CCA Hours Preparation Attendance Argument Fees Disbursements GST Wachowich & Company $11, $0.00 $ $12, Dustin Madsen Consulting $112, $0.00 $5, $118, $124, $0.00 $6, $130, The Commission finds that the CCA acted responsibly in the original proceeding and contributed to a better understanding of the relevant issues in the proceeding. Wachowich & Company 16. The CCA was represented by Wachowich & Company in the original proceeding. The fees claimed by the CCA for the legal services provided by Mr. James Wachowich relate to reviewing the application, reviewing draft IRs, reviewing responses to IRs and reviewing draft argument and reply argument. 17. The Commission finds that the services performed by Mr. Wachowich were directly and necessarily related to the CCA s participation in the original proceeding, and that the fees, which were claimed in accordance with the Scale of Costs for those services, are reasonable. Accordingly, the Commission approves the CCA s claim for legal fees for Wachowich & Company in the amount of $11, and GST of $ for a total of $12, Dustin Madsen Consulting 18. Dustin Madsen Consulting was retained by the CCA to perform consulting services in the original proceeding. The fees claimed by the CCA for the consulting services provided by Mr. Dustin Madsen relate to reviewing the application and performing analysis on the common costs allocations, drafting IRs, reviewing IR responses, drafting evidence, drafting responses to Commission IRs, drafting argument and reply argument, and reviewing ATCO Electric s Decision D (November 2, 2017) 3

7 Transmission Common Group Application argument and reply argument. An additional 8.35 hours were claimed for administrative services performed by Ms. Nancy Thomas for preparing, editing and formatting of documents. 19. The Commission finds that the services performed by Mr. Madsen and Ms. Thomas were directly and necessarily related to the CCA s participation in the original proceeding, and that the fees, which were claimed in accordance with the Scale of Costs for those services, are reasonable. Accordingly, the Commission approves the CCA s claim for consulting fees for Dustin Madsen Consulting in the amount of $112, and GST of $5, for a total of $118, amount awarded 20. For the reasons provided above, the Commission approves the CCA s claim for recovery of costs in the total amount of $130, This amount is composed of legal fees of $11,917.50, consulting fees of $112, and GST of $6, Order 21. It is hereby ordered that: 1) (transmission) shall pay external costs in the amount of $48, ) (transmission) shall pay intervener costs to the Consumers Coalition of Alberta in the amount of $130, ) (transmission) shall record in its Hearing Cost Provision Account the approved external and intervener amounts of $178, Dated on November 2, Alberta Utilities Commission (original signed by) Bill Lyttle Commission Member 4 Decision D (November 2, 2017)

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