Bulletin 2009-09

March 12, 2009

Directive 031: Guidelines for Energy Proceeding Cost Claims Issued

The March 2009 revised edition of Directive 031: Guidelines for Energy Proceeding Cost Claims is now available from the Energy Resources Conservation Board (ERCB). It replaces the June 2001 edition of Directive 031A: Guidelines for Energy Cost Claims for all proceedings commenced by a notice of hearing on or after April 1, 2009. Likewise, the Scale of Costs in Directive 031 applies to all proceedings commenced by a notice of hearing on or after April 1, 2009.

Directive 031A and its Scale of Costs will continue to apply to all proceedings commenced by notice of hearing issued on or before March 31, 2009, and will be rescinded once those proceedings are completed.

Proposed changes to Directive 031A were published in Bulletin 2008-38 on October 1, 2008, for a 30-day public comment period. In response to comments received, the ERCB has made further changes to Directive 031 as outlined below.

Directive 031 is effective as of April 1, 2009.

Directive 031 and its predecessor were developed to assist local interveners who wish to apply to the ERCB for an award of costs in relation to their participation in an ERCB hearing. Directive 031 addresses such issues as

• who is eligible to claim costs,
• advance funding,
• what costs may be claimed by a local intervener, lawyer, consultant, or expert,
• how and when to file a cost claim,
• what happens if an applicant fails to pay costs, and
• can a cost order be appealed.

This March 2009 edition of Directive 031 includes the following changes:

• clarification regarding the eligibility of municipalities, regional health authorities, and other statutorily created bodies for costs;
• revised rates for attendance honorarium—alternatively, the ERCB may consider a claim for lost wages on a claim-by-claim basis;
• clarification that the ERCB does not award compensation for costs of participation in the ERCB’s Appropriate Dispute Resolution (ADR) program;
• clarification that cost awards are issued by the ERCB following issuance of a final decision in the proceeding and within 90 days following closure of the costs application process;
• addition of new application forms for Advance Determination of Local Intervener Status and Advance Funding; and
• revisions to the Scale of Costs to increase claimable professional fees and mileage rates.

Directive 031 is available on the ERCB Web site www.ercb.ca under Industry Zone : Rules, Regulations, and Requirements : Directives. It is also available in print from ERCB Information Services, 640 – 5 Avenue SW, main floor; telephone: 403-297-8311; fax: 403-297-7040; e-mail: infoservices@ercb.ca.

<original signed by>

Patricia M. Johnston, Q.C.
General Counsel and Executive Manager
Law Branch