Rates – Proceeding Costs
The AUC amended Rule 022: Rules on Costs in Utility Rates Proceedings (“Rule 022”), including the scale of costs, which governs the recovery of the costs of participation in rates proceedings before the AUC.
The AUC also amended Rule 009: Rules on Local Intervener Costs (“Rule 009”) to include an updated scale of costs and new application forms.
The amendments to both rules, effective March 1, 2024, apply to all rates and facilities proceedings commenced on or after that date.
Changes to Rule 022
Major changes to Rule 022 include:
- expanded eligibility for cost recovery;
- new, streamlined application forms; and
- an updated scale of costs.
Expanded Eligibility
Under the amended Rule 022, two categories of participants are eligible for full cost recovery, namely applicants and eligible interveners. The AUC did not implement uniform incentive-based cost recovery for utilities, regulated rate and default service providers.
Rural electrification associations, municipalities and other previously ineligible participants may also qualify for partial cost recovery in circumstances where they intend to file expert or other evidence or argument that will assist the AUC in understanding the issues material to the proceeding subject matter that would not otherwise be presented to the AUC.
Further, cost recovery will be available for certain pre-application or pre-inquiry processes connected to rates proceedings, including settlements.
Streamlined Forms
The AUC created new streamlined application forms for Rule 009 and Rule 022 cost claims. The forms aim to ensure that all cost applications are consistent, eliminating previous requirements, such as the need to file an affidavit in support of the claim.
Updated Scale of Costs
The scale of costs for Rule 009 and Rule 022 was updated to reflect increased hourly rates for lawyers, consultants and experts. Other changes include an updated and simplified approach to travel expenses, as well as the elimination of the requirement to file receipts for some expenses, including transcripts, meals, taxis and parking. The amendments also contemplate awarding costs greater than the scale of costs in limited circumstances.
Changes to AUC Rule 009
The AUC updated the scale of costs for Rule 009 to align with the scale of costs for Rule 022 and extended the availability of travel expenses for site visits in addition to hearing attendance. Rule 009 was also modified to refer to a new cost application form.
