AltaLink Management Ltd.

Similar documents
Decision D ATCO Electric Ltd Annual Performance-Based Regulation Rate Adjustment Filing. Costs Award

Transmission Common Group Application

ENMAX Power Corporation

Chief Mountain Gas Co-op Ltd. and County of Cardston

Brooks Heat and Power Ltd.

Utility Asset Disposition

Alberta Electric System Operator. Provost to Edgerton and Nilrem to Vermilion Transmission System Reinforcement Needs Identification Document

Rebasing for the PBR Plans for Alberta Electric and Gas Distribution Utilities. First Compliance Proceeding

ENMAX Power Corporation

Cochrane Lakes Gas Co-op Ltd.

Devonia Rural Electrification Association Ltd.

Alberta Electric System Operator

Alberta Electric System Operator

Drayton Valley Rural Electrification Association Ltd.

Review and Variance Request by Lavesta Area Group on Utility Cost Order December 19, 2008

Tomahawk Rural Electrification Association Limited

Armena Rural Electrification Association Ltd.

Decision D

Alberta Electric System Operator

Costs Order Value Creation Inc. Application to Amend OSCA and EPEA Approvals W4M. Costs Awards

Central Alberta Rural Electrification Association Limited

Riverview Substation Project

Savanna Villas Condominium Association

Salt Box Coulee Water Supply Company Ltd. Customer Complaints - Infrastructure Repair Expense

Decision D FortisAlberta Inc. Application for Orders Confirming Boundaries of FortisAlberta Inc. Exclusive Municipal Franchise Areas

Enel Alberta Wind Inc. General Partner of the Castle Rock Ridge Limited Partnership

INTERVENOR REQUEST FORM

Ruling on standing of the Asini Wachi Nehiyawak (Mountain Cree) / Bobtail Descendants Traditional Band

RULES OF PRACTICE OF THE NATURAL RESOURCES CONSERVATION BOARD REGULATION

Decision to Issue a Declaration Naming James W. Glover Pursuant to Section 106 of the Oil and Gas Conservation Act

SURFACE RIGHTS ACT GENERAL REGULATION

Directive 067 Schedule 1 Licence Eligibility (Well, Facility, or Pipeline)

Federal Circuit Court Amendment (Costs and Other Measures) Rules 2018

June 7, 2018 FILED ELECTRONICALLY.

CANADIAN ABRAXAS PETROLEUM LTD. CGGS CANADIAN GAS GATHERING

To provide a continuum of innovative and cost effective legal services for people in need throughout Alberta.

Legal Profession (Public Notaries) Determination 2015

File No. 185-A February 2003 T0: ALL INTERESTED PARTIES

PHOENIX NATURAL GAS LTD. DISTRIBUTION NETWORK CODE MODIFICATION RULES

Background 3. The applications in this proceeding are a part of the larger south and west Edmonton area transmission development project.

Declaration Pursuant to Section 106 of the Oil and Gas Conservation Act

If you have any questions or concerns, please do not hesitate to contact the Commission.

FEDERAL CIRCUIT COURT OF AUSTRALIA

RIGEL ENERGY CORPORATION RIGEL OIL & GAS LTD. INVERNESS PETROLEUM LTD. INVERNESS ENERGY LTD.

Streamlined Arbitration Rules and Procedures

ENVIRONMENTAL APPEAL BOARD REGULATION

AGREEMENT To Establish a Joint Review Panel for the Grassy Mountain Coal Project Between

ENERGY RESOURCES CONSERVATION ACT

Roster Lawyers Tariff of Fees

August 11, To: Parties currently registered on Proceeding 21030

LAW SOCIETY OF ALBERTA IN THE MATTER OF THE LEGAL PROFESSION ACT; AND

Rule 029: Applications for Municipal Franchise Agreements and Associated Franchise Fee Rate Riders. 2

BY-LAWS OF THE PENNSYLVANIA ACADEMY OF SCIENCE AS ADOPTED BY THE MEMBERSHIP, APRIL 21, 1990

Pembina Pipeline Corporation

TO THE CREDITORS OF ALBERTA LTD., carrying on business as SPAREPARTS

Alliance for Community Media Northwest Region. By-laws Last revised February 15, 2011

Dalziel Enterprises Ltd.

The BC Oil and Gas Commission hereby corrects the amendment to a permit identified and dated above as follows:

Recommended Qualifications for Nominees: Priority consideration will be given to candidates who meet one or more of the following items.

ROADWAY UPGRADING/NEW ROAD PIPELINE CROSSING AGREEMENT BETWEEN

BE IT ORDAINED, that the Revised General Ordinances of the City of Syracuse, as

AUC Rule 017: June 14, proposed changes

Male Choirs Association of Australia

Constitution of the International Bar Association

CBI KEYSTONE INVESTMENT CLASS ACTION PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS

Baker & Hostetler, L.L.P. ("B&H" or "Applicant"), files its First and Final Application

Review and Investigation Procedures

CHAIR S DIRECTIONS (for Standard Dwellinghouse claims)

TELECOMMUNICATIONS LICENSE AGREEMENT ALBERTA LTD. (the Owner ) - and - BELL CANADA (the Licensee )

Compliance & Enforcement Manual

BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION ) ) ) ) ) ) ) )

REVOKED AS OF APRIL 11, 2016

LAW SOCIETY OF ALBERTA IN THE MATTER OF THE LEGAL PROFESSION ACT; AND

CONSTITUTION OF THE NOVACASTRIAN ARTS ORCHESTRA

INFORMATION BULLETIN

CURRENT APPLICATION: Fees Requested: $ (September 1, 2002-December 18, 2002) Expenses Requested: $

Precedent Standard Cost Agreement

AUCKLAND DISTRICT LAW SOCIETY INC. JAMIE WAUGH- BARRISTER TERMS OF ENGAGEMENT

Table of Contents. Injury Manual Insurer s Decisions and Appeals. Division Summary Information

Adjudication Application (South Australia) Made under the Building and Construction Industry Security of Payment Act 2009 (SA)

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Instructions for Completing Contract. *Complete the blanks of the contract ** Initial bottom of each page and initial & sign the last page of contract

NAM EMPLOYMENT RULES AND PROCEDURES DEMAND FOR ARBITRATION/ARBITRATION REQUEST FORM FOR EMPLOYERS

If the scale of costs does not provide for any case, the Court or registrar may allow reasonable costs.

Procedural Order (PO) No.1

Model constitution. Under the Associations Incorporation Act About this model constitution. Disclaimer

THE DORIS DUKE CHARITABLE FOUNDATION TRUSTEE BY-LAW AGREEMENT

ALBERTA ENERGY AND UTILITIES BOARD ORDER U re: QUESTAR RESOURCES CORP. and KACEE EXPLORATION INC.

THE LMAA TERMS (2006)

If you have any questions or concerns, please do not hesitate to contact the Commission.

FILED: NEW YORK COUNTY CLERK 08/17/2011 INDEX NO /2011 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/17/2011

TO THE CREDITORS OF SASKATCHEWAN LTD., carrying on business as SPAREPARTS

RULES OF THE AUSTRALIAN SEED FEDERATION DISPUTE RESOLUTION SCHEME

Rule 8400 Rules of Practice and Procedure GENERAL Introduction Definitions General Principles

hereby certify this td, be a tit! the original_ Dated this COURT FILE NUMBER COURT OF QUEEN'S BENCH OF ALBERTA COURT CALGARY

Central Unified School District Request for Proposal

That the meetings of creditors of each of the TRUA companies, being:

BYLAWS OF BRIDGELAND-RIVERSIDE COMMUNITY ASSOCIATION

Constitution of the International Association of Anti-Corruption Authorities

The Commission met on Thursday, July 11, 2013, with Chair Heydinger and Commissioners Boyd, Lange, O Brien and Wergin present.

Transcription:

Decision 21818-D01-2016 Southwest Calgary Ring Road Transmission Project November 4, 2016

Alberta Utilities Commission Decision 21818-D01-2016 Southwest Calgary Ring Road Transmission Project Proceeding 21818 November 4, 2016 Published by Alberta Utilities Commission Fifth Avenue Place, Fourth Floor, 425 First Street S.W. Calgary, Alberta T2P 3L8 Telephone: 403-592-8845 Fax: 403-592-4406 Website: www.auc.ab.ca

Contents 1 Introduction... 1 2 Qualifications for local intervener costs... 2 3 Lakeview Concerned Residents costs claim... 2 3.1 AltaLink comments on LVCR costs claim... 2 3.1.1 LVCR response... 3 3.1.2 Commission Findings... 4 4 Order... 6 ii Decision 21818-D01-2016 (November 4, 2016)

Alberta Utilities Commission Calgary, Alberta Southwest Calgary Ring Road Transmission Project Decision 21818-D01-2016 Proceeding 21818 1 Introduction 1. In this decision the Alberta Utilities Commission considers an application by the Lakeview Concerned Residents group (LVCR) for approval and payment of its costs of participation in Proceeding 20986 (the costs claim application). The costs claimed and awarded are provided in the following table: Claimant Fees/Honoraria Claimed Disbursements Claimed GST Claimed Amount Claimed Fees/Honoraria Awarded Disbursements Awarded GST Awarded Amount Awarded LVCR Randal Jarvis Law Office $90,510.00 $439.67 $4,533.18 $95,482.85 $39,648.00 $439.67 $1,990.08 $42,077.75 Mr. Raymond Mesluk $600.00 $0.00 $0.00 $600.00 $600.00 $0.00 $0.00 $600.00 $91,110.00 $439.67 $4,533.18 $96,082.85 $40,248.00 $439.67 $1,990.08 $42,677.75 2. The Commission has awarded reduced costs to the applicant for the reasons set out below. 3. Proceeding 20986 (the original proceeding) was convened by the Commission to consider s (AltaLink) applications to relocate transmission lines in and around the area of Sarcee Trail S.W. and Glenmore Trail in Calgary in connection with the development of the southwest Calgary ring road. The original proceeding involved information requests (IRs), IR responses, intervener evidence, rebuttal evidence, an oral hearing, crossexamination, argument and reply argument. The close of record for the original proceeding was June 15, 2016 and the Commission issued Decision 20986-D01-2016 1 on August 31, 2016. 4. The LVCR submitted its costs claim application on July 14, 2016, within the 30 day timeline permitted by the Commission s rules. The Commission assigned Proceeding 21818 and Application 21818-A001 to the costs claim application. 5. AltaLink submitted comments regarding the costs claim application on August 8, 2016. On August 22, 2016, the LVCR filed its response to the comments filed by AltaLink. The Commission considers the close of record for this proceeding to be August 22, 2016, the date upon which the final submissions on the costs claim application were received. 1 Decision 20986-D01-2016: Southwest Calgary Ring Road Transmission Project, Proceeding 20986, August 31, 2016. Decision 21818-D01-2016 (November 4, 2016) 1

2 Qualifications for local intervener costs 6. Only local interveners are eligible to claim costs in facility related applications. The Commission s authority to award costs for the participation of a local intervener in an application to review a decision on a hydro development, power plant or transmission line under the Hydro and Electric Energy Act or a gas utility pipeline under the Gas Utilities Act is found in sections 21 and 22 of the Alberta Utilities Commission Act. When considering a claim for costs for a review on a facilities decision, the Commission is also guided by the factors set out in Section 7 of Rule 009 and the Scale of Costs found in Appendix A of Rule 009. 7. Section 22 of the Alberta Utilities Commission Act defines what a local intervener is and states: 22(1) For purposes of this section, local intervener means a person or group or association of persons who, in the opinion of the Commission, (a) has an interest in, and (b) is in actual occupation of or is entitled to occupy land that is or may be directly and adversely affected by a decision or order of the Commission in or as a result of a hearing or other proceeding of the Commission on an application to construct or operate a hydro development, power plant or transmission line under the Hydro and Electric Energy Act or a gas utility pipeline under the Gas Utilities Act, but unless otherwise authorized by the Commission does not include a person or group or association of persons whose business interest may include a hydro development, power plant or transmission line or a gas utility pipeline. 8. The members of the LVCR own or reside on property located within 800 meters of the proposed project. Given the proximity of members property to the project, the Commission is satisfied that they have an interest in, and are entitled to occupy, land that may be directly and adversely affected by the Commission s decision on AltaLink s application. Accordingly, the Commission finds that the LVCR group members are local interveners. 3 Lakeview Concerned Residents costs claim 3.1 AltaLink comments on LVCR costs claim 9. In its comments, AltaLink expressed concern at the quantum of legal costs claimed. AltaLink observed that it was not aware of any other facility application hearing lasting only one day where more than 250 hours were claimed for legal services. AltaLink also noted that all of the legal costs claimed by the LVCR were claimed at the highest rate permitted by the Scale of Costs. 2 Decision 21818-D01-2016 (November 4, 2016)

AltaLink Management Ltd 10. AltaLink observed that the LVCR was a small landowner group and was not expected to have incurred legal fees more than six times the amount claimed in the Springbank Radio 9273R Telecommunication Upgrade 2 proceeding. 11. AltaLink further submitted that the LCVR costs claim states that legal time was incurred to locate experts who could assist with the alternate delineation as a result of AltaLink s information request. AltaLink noted that the decision to retain experts typically occurs before interveners evidence is due. AltaLink argued that the LVCR s decision not to retain an expert may have resulted in a larger costs claim, as it precluded the opportunity to leverage an expert s technical knowledge and experience. 12. AltaLink submitted that its counsel had proposed meeting with the LVCR on February 9, 2016 and on February 18, 2016, but that the LVCR declined to meet. AltaLink submitted that had the LVCR group members met with AltaLink, outstanding issues and the LVCR s legal fees may have been reduced. 13. AltaLink further submitted that the LVCR costs claim includes legal fees related to three procedural matters brought in advance of the hearing: An April 8, 2016 motion seeking production of AltaLink s agreement with Alberta Transportation A May 20, 2016 motion to request an adjournment of the hearing; and A June 10, 2016 motion to respond to AltaLink s June 1, 2016 consultation meeting minutes 14. AltaLink argued that the legal costs associated with these procedural steps may not have been necessary. With regard to the April 8, 2016 motion, the Commission ruled that the relevant aspects of AltaLink s agreement with Alberta Transportation were already filed on the record and the balance of the agreement was not relevant to the issues raised in the proceeding. With regard to the May 20, 2016 motion, AltaLink submitted that the LVCR did not attempt to obtain AltaLink s agreement for a new hearing date prior to filing the motion, did not propose alternative dates, and did not explain why members of the LVCR could not attend the hearing. Finally, AltaLink argued that the June 10, 2016 motion was not necessary because the LVCR group consultation record could have been addressed orally as a preliminary matter at the hearing. 3.1.1 LVCR response 15. The LVCR responded to AltaLink s comments. The LVCR objected to AltaLink benchmarking the costs claimed against those claimed in the Springbank proceeding and argued that costs should be assessed in individual proceedings on the basis of what parties have actually done. 2 Decision 20246-D01-2015: Springbank Radio 9273R Telecommunication Upgrade, Proceeding 21246, June 12, 2015. Decision 21818-D01-2016 (November 4, 2016) 3

16. The LVCR argued that the size of an intervener group has little to no effect on many aspects of hearing representation. The LVCR submitted that matters such as reviewing the application, identifying issues, composing IRs and hearing attendance generally take the same amount of time regardless of group size. The LVCR similarly argued that the length of a hearing has no effect on time expended. 17. The LVCR submitted that it was not aware it had to retain experts to provide evidence to the Commission that AltaLink should have provided in its application. The LVCR further submitted that had it been able to retain experts, the costs claim would have been larger and the hearing would have been delayed. 18. The LVCR objected to AltaLink s suggestion that the LVCR s procedural steps may not have been necessary. The LVCR submitted that all three motions were filed in accordance with AUC rules. 3.1.2 Commission Findings 19. The following table summarizes the LVCR costs claim for Proceeding 20986: Claimant Hours Preparation Attendance Argument Fees/Honoraria Disbursements GST LVCR Randal Jarvis Law Office 242.20 7.50 8.90 $90,510.00 $439.67 $4,533.18 $95,482.85 Mr. Raymond Mesluk 0.00 0.00 0.00 $600.00 $0.00 $0.00 $600.00 242.20 7.50 8.90 $91,110.00 $439.67 $4,533.18 $96,082.85 20. The Commission finds that the LVCR generally acted responsibly in the original proceeding and contributed to the Commission s understanding of the relevant issues. However, the Commission is unable to approve the full amount of the costs claimed in respect of the services performed by Randal Jarvis Law for the reasons set out below. Randal Jarvis Law Office 21. The LVCR was represented by Randal Jarvis Law Office in the original proceeding. The fees claimed by the LVCR for the legal services provided by Mr. David Campbell relate to reviewing the application, researching for evidence, drafting IRs, reviewing IR responses, drafting evidence, reviewing AltaLink s rebuttal evidence, drafting cross-examination questions, and preparing for and attending the oral hearing. 22. While the Commission finds that that the services performed by Mr. Campbell were directly and necessarily related to the LVCR s participation in the original proceeding, it finds that the fees claimed for these services were excessive for the following reasons. 23. Pursuant to Rule 009, the Commission may award costs to local interveners if it is of the opinion that the costs are reasonable and directly and necessarily related to the hearing or other proceeding, and the local intervener acted responsibly and contributed to a better understanding of the issues before the Commission. One of the primary roles of counsel at a hearing before the Commission is to ensure that the information prepared and presented contributes to a better understanding of the issues. 4 Decision 21818-D01-2016 (November 4, 2016)

AltaLink Management Ltd 24. The Commission finds that the total preparation hours claimed for legal services are excessive given the nature and the extent of the issues raised in the original proceeding and the LVCR s participation in the original proceeding. 25. Mr. Campbell charged the maximum allowable rate of recovery for his years of experience at a rate of $350.00 per hour exclusive of GST. The Commission emphasized in the Scale of Costs that the maximum allowable hourly rates will not be awarded as a matter of course. Rather, the Commission will assess each claim upon its individual merits and will only approve the maximum fee when it has been demonstrated that such a charge is warranted by the work performed. The Commission is not persuaded that the maximum allowable fee should be awarded based on the volume of the record of the original proceeding, the submissions of the LVCR, and the cross-examination and argument presented at the hearing. 26. It is the Commission s view that the issues brought forward by the LVCR were not unusually complex. However, the preparation time incurred was approximately 32 hours for every hearing hour. Experienced counsel meriting the maximum allowable hourly rate should generally require less time to prepare for a hearing than junior counsel. 27. The Commission also considered the LVCR s degree of participation in the original proceeding and counsel s assistance in that intervention. The Commission is not convinced that the preparation time incurred was warranted in the circumstances. The LVCR s evidence filed in the original proceeding was primarily comprised of its members statements of intent to participate and a 15 page group submission. The evidence also included maps and documents from third parties which were not prepared for the purpose of the original proceeding. It is incumbent upon legal counsel to provide support for the reasonability of the preparation hours incurred. 28. Given the above, and based on the records of this proceeding and the original proceeding, the Commission finds that the number of hours incurred for preparation in the original proceeding and the related costs claimed are not commensurate with the value and contribution made toward an understanding of the issues before the Commission 29. Given the above shortcomings, the Commission finds that a reduction of sixty per cent is warranted with respect to the preparation hours claimed. 30. Accordingly, the Commission approves the LVCR s claim for legal fees for Randal Jarvis Law Office in the amount of $39,648.00, disbursements for mileage and photocopying of $439.67 and GST of $1,990.08 for a total of $42,077.75. Honoraria 31. The costs claim application also included a claim for attendance honoraria of $100.00 for Mr. Raymond Mesluk, and a claim of $500.00 for Mr. Mesluk for forming an intervener group. 32. The Commission finds that the claims for attendance honoraria and group honoraria for Mr. Mesluk are reasonable and within the Scale of Costs and approves them. Decision 21818-D01-2016 (November 4, 2016) 5

costs awarded 33. In accordance with the above reasons, the Commission approves recovery of costs for LVCR in the amount of $42,677.75, comprised of legal fees of $39,648.00, disbursements of $439.67, honoraria of $600.00 and GST of $1,990.08. 4 Order 34. It is hereby ordered that: 1) shall pay intervener costs to the Lakeview Concerned Residents group in the amount of $42,677.75. Payment shall be made to Randal Jarvis Law Office, Attention: David Campbell, 110 304 Third Avenue, Strathmore, Alberta, T1P 1Z1. Dated on November 4, 2016. Alberta Utilities Commission (original signed by) Anne Michaud Commission Member 6 Decision 21818-D01-2016 (November 4, 2016)