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Docket UE20942
Order UE16-03

IN THE MATTER of an application by Maritime Electric Company, Limited to approve the rates, tolls and charges for electric service for the period beginning March 1, 2016 and for certain approvals incidental thereto;

BEFORE THE COMMISSION

on Friday, the 19th day of February, 2016.

J. Scott MacKenzie, Q.C., Chair
M. Douglas Clow, CPA, CA, Vice-Chair
John Broderick, Commissioner
Mike Campbell, Commissioner

Order

WHEREAS on or about August 7, 2015, Maritime Electric Company, Limited ("Maritime Electric") filed an application with the Island Regulatory and Appeals Commission (the "Commission") seeking to amend rates of depreciation with respect to Maritime Electric's several classes of property for the period beginning January 1, 2016 (Commission Docket UE#21603) ("Depreciation Rate Application");

AND WHEREAS on or about October 28, 2015, Maritime Electric filed an application with the Commission seeking to approve proposed amendments to the rates, tolls and charges for electric service for the period beginning March 1, 2016 (Commission Docket UE#20942) ("General Rate Application"); 

AND WHEREAS on or about January 29, 2016, the Commission issued a Procedural Order directing that the General Rate Application and the Depreciation Rate Application be consolidated and heard together in Commission Docket UE#20942 (the "Application");

AND WHEREAS the aforementioned Procedural Order further directed that applications for intervener status were to be submitted to the Commission on or before February 16, 2016;

AND WHEREAS on or about February 1, 2016, the Government of Prince Edward Island, as represented by the Minister of Transportation, Infrastructure and Energy (the "Government"), delivered to the Commission a Notice of Intervention seeking formal intervener status in the Application;

AND WHEREAS on or about February 16, 2016, the Environmental Coalition of Prince Edward Island Ltd. ("ECOPEI"), delivered to the Commission a request to intervene in the Application;

AND WHEREAS, upon further inquiry, ECOPEI advised the Commission that it did not intend to call evidence in the Application, but instead requested only the opportunity to ask questions of witnesses called on behalf of Maritime Electric and/or the Government;

AND WHEREAS no other applications for intervener status were received by the Commission and the time for submitting applications has now expired;

AND WHEREAS it is the goal of the Commission to allow interested parties to participate in public hearings in a meaningful way;  

NOW THEREFORE pursuant to the Electric Power Act, R.S.P.E.I. 1988, Cap. E-4 and pursuant to the Island Regulatory and Appeals Commission Act, R.S.P.E.I. 1988, Cap. 1-11;

IT IS ORDERED THAT

  1. The Government is hereby granted intervener status in the Application;

  2. ECOPEI shall not be an intervener in the Application, but shall be permitted to participate in the manner requested, and shall specifically be permitted to ask questions of witnesses called on behalf of Maritime Electric and/or the Government;

  3. In accordance with Commission practice, any and all questions that ECOPEI intends to ask at the hearing shall be submitted in writing and filed with the Commission no later than 10:00 a.m. on February 22, 2016; and

  4. The Commission shall retain the discretion to impose time limits on questioning by either ECOPEI or the Government, and the discretion to disallow any oral or written question that does not arise from the materials filed or oral submissions made in the course of the Application.   

DATED at Charlottetown, Prince Edward Island, this 19th day of February, 2016.

BY THE COMMISSION:

J. Scott MacKenzie, Q,C., Chair

M. Douglas Clow, CPA,CA, Vice-Chair

John Broderick, Commissioner

Michael Campbell, Commissioner

Notice:

Section 12 of the Island Regulatory and Appeals Commission Act reads as follows:

12. The Commission may, in its absolute discretion, review, rescind or vary any order or decision made by it, or rehear any application before deciding it.

Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought.

Sections 13.(1), 13(2), 13(3), and 13(4) of the Act provide as follows:

13.(1)   An appeal lies from a decision or order of the Commission to the Court of Appeal upon a question of law or jurisdiction.

(2) The appeal shall be made by filing a notice of appeal in the Court of Appeal within twenty days after the decision or order appealed from and the rules of court respecting appeals apply with the necessary changes.

 (3) The Commission shall be deemed to be a party to the appeal.

(4) No costs shall be payable by any party to an appeal under this section unless the Court of Appeal, in its discretion, for special reasons, so orders.

NOTE:

In accordance with IRAC's Records Retention and Disposition Schedule, the material contained in the official file regarding this matter will be retained by the Commission for a period of 5 years.