Funding for participants

Recovery of costs in facilities proceedings is governed by Rule 009: Rules on Intervener Costs. Recovery of costs in utility rates proceedings is governed by Rule 022: Rules on Costs in Utility Rates Proceedings. 

Eligibility to recover costs

In a facilities proceeding, an eligible intervener may apply for a cost award by filing a costs application in accordance with the Rule 009 Costs Application Form. Under Rule 009, an eligible intervener may be a local intervener, a municipality or another intervener determined by the Commission to be eligible. 

In a rates proceeding, an intervener may be eligible for costs if the intervener:

• has, or represents a group that has, a substantial interest in the subject matter;
• does not have sufficient financial resources to present that interest adequately;
• brings expertise or insight not otherwise available, or will otherwise assist the Commission in determining the issues; and
• is not an ineligible intervener under Section 1(6) of Rule 022. 

An ineligible intervener under Rule 022 may qualify for partial cost recovery as a funded participant if the requirements in Section 4 are met. A funded participant seeking cost recovery must bear a portion of the costs of participating.

Applicants, eligible interveners and funded participants may apply for a cost award under Rule 022 by filing a costs application in accordance with the Rule 022 Costs Application Form.

Requests for advance funding

An intervener seeking advance funding may be required to file a costs eligibility request using the applicable Rule 009 or Rule 022 Costs Eligibility Form and in accordance with any process schedule or direction established by the Commission. The applicable form identifies the information required to support the request.

Cost applications related to a review proceeding

The treatment of costs in review proceedings depends on the applicable rule. Under Rule 009, an unsuccessful review applicant must bear its own costs when the Commission denies an application under Rule 016: Review of Commission Decisions. Under Rule 022, a review applicant must bear its own costs if the application does not result in a variance of the decision under review.

Scale of costs

The scales of costs in Rule 009 and Rule 022 establish maximum hourly rates for eligible professional fees. Costs applications must generally comply with the applicable scale unless the Commission has authorized costs above the scale. A person applying for a cost award must demonstrate that the claimed costs are reasonable and that the person’s participation contributed to a better understanding of the issues in the proceeding.

Travel claims are limited to eligible travel connected with a hearing or proceeding. Under Rule 009, eligible travel may also include travel to and from a site visit. Please review the applicable allowances, limits and receipt requirements in Rule 009 or Rule 022.

In a facilities proceeding, Rule 009 provides a $500 honorarium for forming or organizing a group of local interveners. It also provides an honorarium of $500 per person per day for hearing attendance by up to six local interveners. Reasonable expenses associated with organizing a group, such as hall rental, may also be claimed. Participating as a group can help interveners coordinate their involvement and avoid duplicating work.

Before retaining a lawyer, expert, analyst or consultant, review the applicable scale of costs, which sets the maximum hourly rates generally eligible for recovery.

For facilities review proceedings, the applicable deadlines are set out in Section 5 of Rule 009. For rates proceedings involving a negotiated settlement, the applicable deadlines are set out in Section 5(5) of Rule 022.