Decision 20246-D01-2015 AltaLink Management Ltd. Springbank Radio 9273R Telecommunication Upgrade Costs Award June 12, 2015
This version of Decision 20246-D01-2016 is a correction to the original Decision 20246-D01-2016, posted on June 12, 2015, addressing a numbering error on the cover page. This corrected decision was released on December 9, 2016.
Alberta Utilities Commission Decision 20246-D01-2015: AltaLink Management Ltd. Springbank Radio 9273R Telecommunication Upgrade Costs Award Proceeding 20246 June 12, 2015 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 Web site: www.auc.ab.ca
Contents 1 Introduction... 1 2 Commission s authority to award costs... 2 3 Commission findings... 2 3.1 Ms. Jodie Colbert.... 2 4 GST... 3 5 Order... 3 Decision 20246-D01-2015 (June 12, 2015) i
Alberta Utilities Commission Calgary, Alberta AltaLink Management Ltd. Springbank Radio 9273R Telecommunication Upgrade Decision 20246-D01-2015 Costs Award Proceeding 20246 1 Introduction 1. On August 1, 2014, AltaLink Management Ltd. (AltaLink) filed a facility application with the Alberta Utilities Commission pursuant to sections 14, 15 and 21 of the Hydro and Electric Energy Act, to construct and operate a new 65 metre tall telecommunications tower (proposed tower) and salvage the existing 79-metre tall telecommunications tower (the existing tower) at the existing Springbank 9273R radio site in the community of Aspen Woods in southwest Calgary, Alberta ( collectively, the proposed project). The Commission assigned Proceeding 3362 and Application 1610772-1 to AltaLink s telecommunications tower application (facility application). 2. The Commission issued a notice of the application on the AUC website and on August 18, 2014, through mail to stakeholders, including landowners, residents and agencies, within 800 metres of the proposed telecommunications tower project as identified by AltaLink. The Commission requested that any party wishing to express their objections to, concerns about, or support for the proposed project to make a submission by September 29, 2014. 3. On September 27, 2014, the Commission received a statement of intent to participate from Ms. Jodie Colbert who expressed concerns about the visual impacts of the proposed tower and the foliage removal required to construct the proposed tower including the impact on the property value of her house. 4. In a letter dated November 12, 2014, the Commission issued a process schedule for considering the facility application including a notice of hearing. 5. An oral hearing commenced on February 24, 2015 and concluded on February 25, 2015 with the law firm McLennan Ross LLP acting on behalf of Ms. Colbert. 6. The Commission considered the close of record for the facility application proceeding to be February 25, 2015. 7. On March 11, 2015, the Commission received a costs claim application from McLennan Ross LLP on behalf of Ms. Colbert. The Commission assigned Proceeding 20246 and Application 20246-A001 to the costs claim application. 8. The Commission circulated a summary of costs claimed to interested parties on March 16, 2015. Parties were advised that any comments regarding the figures listed in the summary, or the merits of the total costs claimed, were to be filed by March 30, 2015. Decision 20246-D01-2015 (June 12, 2015) 1
Springbank 9273R Radio Site Telecommunications Upgrade Costs Award AltaLink Management Ltd 9. On March 27, 2015, AltaLink filed a submissionn with respect to the circulated summary of costs claimed. In its submission, AltaLink asserted that it took no position with respect to the costs claim advancedd on behalf of Ms. Colbert. 1 10. The Commission considers the close of record for this costs proceeding to be March 27, 2015. 11. On May 8, 2015, the Commission issued Decision 3362-D01-2015 2 with respect to the facility application. 2 Commission s authority to award costs 12. When assessing costs claims pursuant to Section 21 of the Alberta Utilities Commission Act, the Commission applies Rule 009 whichh prescribes a Scale of Costs applicable to all costs claimed. 13. In exercising its discretion to award costs, the Commission, in accordance with Section 7 of Rule 009, will consider whether an eligible participant s costs are reasonable and directly and necessarily related to the proceeding and whether the eligible participant acted responsibly in the proceeding and contributed to a better understanding of the issues before the Commission. 3 Commission findings 3.1 Ms. Jodie Colbert 14. Ms. Jodie Colbert submitted a costs claim for recovery of costs totalling $14,985.71. The costs claim was comprised of the following legal costs: $14,985.71 for McLennan Ross LLP, comprised of legall fees of $14,184.00, disbursements of $88.10; and GST of $713.61. 15. The claim for McLennan Ross LLP relates to 59. 10 hours of legal services performed in the proceeding. The hours claimed include 49.60 hours for review off the application, analysing the client s concerns and preparation of information requests, seven hours for attendance at the oral hearing and 2.50 for preparation of argument. 16. The Commission has assessed the costs claimed in respect off services performed, bearing in mind the principles specified in Rule 009, and finds that the hourss incurred for legal services are reasonable given the tasks described in the costs claim application and also finds that the costs incurred are in accordance with the Scale of Costs. 17. McLennan Ross LLP also applied for office disbursements in the amount of $88.10 for photocopying and printing whichh are in in accordance with the Scale of Costs. The Commission approves the claim for disbursements. 18. Accordingly, the Commission approves recoveryy of Ms. Colbert s costs in the total amount of $14,985.71 which is comprised of legal fees inn the amount of $14,184.00, disbursements in the amount of $88.10, and GST in the amount of $713.61. 1 Exhibit 20246-X0008, AML letter to AUC re Comments on Costs Claimed, March 27, 2015. 2 Decision 3362-D01-2015: AltaLink Management Ltd. Springbankk 9273R Radio Site Telecommunications Upgrade, Proceeding 3362, Application 1610772-1, May 8, 2015.
Springbank 9273R Radio Site Telecommunication Upgrade Costs Award AltaLink Management Ltd 4 GST 19. In accordance with the Commission s treatment of GST on cost awards, AltaLink is required to pay only that portion of GST paid by interveners that may not be recoverable through the GST credit mechanism. Accordingly, the Commission approves the eligible GST in the amount of $713.61. 20. The Commission emphasizes that its treatment of the GST claimed in no way relieves participants or their consultants from their GST obligations pursuant to the Excise Tax Act, RSC 1985, c. E-15. 5 Order 21. It is hereby ordered that: (1) AltaLink Management Ltd. shall pay intervener costs on behalf of Ms. Jodie Colbert in the amount of $14,985.71. Payment shall be made to McLennan Ross LLP Office: Attention: Mr. Michael P. Barbero at 1000 First Canadian Centre, 350-7 th Avenue SW, Calgary, AB, T2P 3N9. (2) AltaLink Management Ltd. shall record intervener costs in the total amount of $14,985.71 in its 2015 Deferred Hearing Costs account. Dated on June 12, 2015. Alberta Utilities Commission (Original signed by) Tudor Beattie QC, Panel Chair (Original signed by) Kate Coolidge Acting Commission Member (Original signed by) Ian Harvie Acting Commission Member Decision 20246-D01-2015 (June 12, 2015) 3