2015 ENERGY REGULATION COURSE

Board Practice and Procedure

Peter W. Gurnham, QC

RULES GOVERNING REGULATORY BODIES

• Procedural Fairness• Bias• Duty to Give Reasons for Decisions

IMPORTANT PRINCIPLES

• Clarity of the issues to be adjudicated• Disclosure• Fairness to various participants • Credibility • Timely Decision-Making

BASIC STEPS TO A HEARING• Pre-Hearing

– Application– Hearing Order– Notification– Interventions– Issues List– Discovery– Pre-Hearing Conference– Settlement

BASIC STEPS TO A HEARING (Cont’d)

• Public Hearing– Registration of Appearances and

Preliminary Matters– Opening Statements– Presentation of Evidence– Cross-Examination– Argument

SPECIFIC ISSUES

1. Narrowing of the Issues

2. Standard Filing Requirements

3. Settlement Process

4. Concurrent Expert Evidence – “Hot Tubbing”

5. Enabling Projects to Proceed

SPECIFIC ISSUES (cont’d)

6. Issues to be addressed in Argument

7. Consumer and Small Business Advocates

QUESTIONS?