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1 Application of Rules
a) These Rules apply to negotiated settlements in
matters of utility regulation and rate setting.
2
Definitions
a) "Electric Power Act" means the
Electric Power
Act, R.S.P.E.I. 1988, Cap. E-4, and any amendments thereto (the "Act);
b) "Agreement" means an agreement that results from
a negotiated settlement process provided for in these Rules;
c) "Applicant" means a person who files an
Application with the Commission;
d)
"Application" means an application filed with
the Commission under the
Act;
e) "Commission" means the Prince Edward Island
Regulatory and Appeals Commission;
f) "Commission staff" means employees of the
Commission, including legal counsel to the Commission and any agent or
expert retained by or on behalf of the Commission;
g)
"Intervener" means any person granted intervener
status in the Application by the Commission;
h) Party" means and
"Parties" collectively means
the Applicant, any Intervener(s) and the Government of Prince Edward
Island when participating in the negotiated settlement process set
forth in these Rules.
3 Initiation of the Negotiated Settlement Process
a) An Applicant who has filed an Application with
the Commission may seek the approval of the Commission to commence
settlement negotiations on any matter within the Commission's
jurisdiction.
b) Settlement negotiations may only be commenced
with the approval of the Commission.
c) An Applicant must notify the Commission of its
intention to initiate a negotiated settlement process and provide the
Commission with an outline of the pertinent issues to be resolved and
the names of the Parties to be involved in the negotiation.
d) In issuing its approval to negotiate, the
Commission may provide directions to the Parties regarding information
to be filed with the Commission or any other matter.
4
Interveners
a) An Intervener may apply to the Commission for
permission to participate in a negotiated settlement process.
b)
The Commission shall have the sole discretion to
determine whether to grant an Intervener status to participate and the
extent to which an Intervener may participate in the negotiated
settlement process.
c)
An Intervener who chooses not to participate in
the negotiated settlement process may still make submissions to the
Commission on an Agreement.
5
Government of Prince Edward Island
a) The Government of Prince Edward Island (the
"Government") may appoint an agent or representative to participate in
the negotiated settlement process on its behalf. The Government is not
required to apply for intervener status and is not required to apply
to the Commission for permission to participate in the negotiated
settlement process.
6
Notice
a) The Applicant shall ensure that all Interveners
and the Government are provided with notice of the negotiated
settlement process.
7 Role of Commission Staff
a) Commission staff may participate in the
negotiated settlement process, but are not required to do so.
b) Commission staff involved in the negotiated
settlement process shall not otherwise participate in the Application.
8
Sharing of Information
a) Prior to commencing the negotiated settlement
process, the Applicant will provide each Intervener and the Government
with all information relevant to the pertinent issues.
b) A Party may request further information of
another where the information is relevant to a pertinent issue and is
necessary for meaningful participation in the negotiated settlement
process.
c) The Commission, upon request of any Party, shall
have the sole discretion to determine whether the requested further
information must be provided.
9
Application for Approval of an Agreement
a) When agreement is reached on some or all of the
issues, the Applicant shall file the Agreement with the Commission.
b) Upon receipt of the Agreement the Commission
shall provide public notice of the Agreement and invite public input.
c) When the Agreement is filed with the Commission
it shall also include a statement of the Parties noting the following:
i. evidence from the Applicant, sworn under oath,
which confirms that:
a. all Interveners and the Government have been
provided with notice of the negotiated settlement process and
resulting Agreement; and
b. the Applicant has not withheld any relevant
information;
ii. a copy of the Agreement;
iii. details of any issues not resolved;
iv. an outline of issues where acceptance is not
unanimous, including the identify of any Party who disagrees;
v. the rates to be charged by the Applicant for its
service(s) that result, or will result, from the Agreement, supported
by schedules to assist the Commission in understanding how the rates
were derived;
vi. a description of any outstanding issues; and
vii. unless the Commission directs otherwise, a
settlement brief explaining the basis of the settlement and how it
meets the interests of ratepayers and the public interest.
10
Evaluation of an Agreement
a) The Commission may seek, and the Applicant shall
provide, any additional information it considers necessary for its
evaluation of the Agreement.
b) Where the Agreement relates to the rates, tolls
and charges for electric power, the Commission may approve, in whole
or in part, an Agreement that is consistent with the Act and that is
in the public interest.
c) If the Commission proposes to amend a portion of
an Agreement, it will first provide notice of the proposed amendment
to the Parties. The Parties will then have the opportunity to make
submissions to the Commission regarding the proposed amendment,
including the Party's position on the proposed amendment and its
impact on the Agreement as a whole.
11
Consideration of Dissenting Views
a) In the event there is not unanimous consent for
an Agreement, a Party who dissents from the Agreement may make written
submissions to the Commission.
b) If the Commission determines a public hearing on
the Application is to be held, the Parties will have the opportunity
to present evidence and question all or part of the Agreement.
12
Public Hearing
a) The Commission in its sole discretion will
determine whether or not a public hearing on the Application is to be
held.
13 Other Matters
a) The Commission in its sole discretion may decide
all matters of procedure not otherwise provided for in these Rules.
These Rules
were enacted this 20th day of December, 2018, by Order UE18-10 of the
Commission.
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