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Order UE19-02 - Electric - Docket UE20944 - Maritime Electric
Company, Limited (February 25, 2019)
Click here for a PDF version of
this Order.

Docket
UE20944 Order UE19-02
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, 2019, pursuant to section 20 of the
Electric Power Act,
R.S.P.E.I. 1988, Cap. E-4;
AND
IN THE MATTER of a
request for confidentiality made by Maritime Electric Company, Limited
pursuant to Rule 49 of the Island Regulatory and Appeals Commission
Rules of
Practice & Procedure for Hearings.
BEFORE THE
COMMISSION ON
Monday,
the 25th day of February, 2019.
J. Scott MacKenzie,
Q.C., Chair
M. Douglas Clow, Vice-Chair
John Broderick, Commissioner
Order
WHEREAS on or about November 30, 2018, Maritime
Electric Company, Limited ("Maritime Electric" or the "Company") filed an
application with the Island Regulatory and Appeals Commission (the "Commission") seeking, among other things, approval of its rates, tolls and
charges for electric service for the three year period from March 1, 2019 to
February 28, 2022 (the "Application");
AND WHEREAS Commission staff have retained several
independent consultants to assist in the review of the Application,
including Multeese Consulting Inc., Laurence Booth, and Synapse Energy
Economics, Inc. (collectively, the "Experts");
AND WHEREAS the Experts and Commission staff have
submitted a number of written interrogatories to the Company seeking further
information and particulars with respect to the Application;
AND WHEREAS on or about February 12, 2019, the Company
filed a written request for confidentiality with the Commission, requesting
that the responses to certain interrogatories be filed on a confidential
basis, in accordance with Rule 49.0 of the Commission's
Rules of Practice &
Procedure for Hearings (the "Rules");
AND WHEREAS the Commission has considered the Company's
request for confidentiality and the factors set forth in Rule 51.0
of the
Rules;
AND WHEREAS the Commission has determined that the
information which the Company seeks to file on a confidential basis is
commercially sensitive and contains sensitive financial, commercial and/or
personal information;
AND WHEREAS the Commission is satisfied that the
sensitive nature of the information outweighs the desirability of adhering
to the principle that information be available to the public;
NOW THEREFORE,
IT IS ORDERED THAT
1.
The responses to the following interrogatories shall be filed
with the Commission on a confidential basis (collectively, the
"Confidential
Responses"):
a) IR-2(b),
IR-29, IR-30 and IR-31 as filed by Commission staff
and dated January 17, 2019;
b) IR-10
as filed by Laurence Booth and dated January 7, 2019; and
c)
IR-2, IR-6(c), IR-6(d), IR-28; IR-29, IR-30, IR-33, IR-48 and
IR-49 filed by Multeese Consulting Inc. and dated January 4, 2019.
2. The Confidential Responses shall be provided to legal counsel to the
Commission, Commission staff, the Commission Panel, the Experts, and any
other consultants who may be retained by Commission staff to assist in the
review of the Application, but shall not otherwise be disclosed.
3. The Experts, and any other consultants retained by Commission staff
to assist in the review of the Application, shall:
a) refrain from disclosing, reproducing, copying, summarizing, and/or
distributing the Confidential Responses for any reason or purpose;
b) use the Confidential Responses solely for the purposes of the
Application; and
c) not use, rely upon or disclose any information contained in the
Confidential Responses (either directly or indirectly) in any other matter
or proceeding, unless the information has become public through no act or
fault of the Expert or consultant.
DATED
at Charlottetown, Prince Edward
Island, this 25th day of February, 2019.
BY THE COMMISSION:
J. Scott
MacKenzie, Q,C., Chair
M. Douglas Clow, Vice-Chair
John Broderick, 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.
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