AltaLink Management Ltd.

Transcription

1 Decision Western Alberta Transmission Line April 27, 2012

2 The Alberta Utilities Commission Decision : Western Alberta Transmission Line Application Nos , , , , , , , , , , , Proceeding ID No April 27, 2012 Published by The Alberta Utilities Commission Fifth Avenue Place, Fourth Floor, 425 First Street S.W. Calgary, Alberta T2P 3L8 Telephone: Fax: Web site:

3 Contents 1 Introduction Interim costs claims Commission findings Qualification for local intervener costs Interim costs awards Corridor Group Laverne and Helle Tees, Tylor Weikle and Mike and Linda Black WEAP Glennifer Lake Resort Samson Cree Nation The Midway Group Chinook Country Group Alder-Dickson Grounds and Linhol Farms Langdon Group and Medicine Valley Landowners Mr. Anthony Heinrich Westcott-Hainstock Group West Crossfield Group Order AUC Decision (April 27, 2012) i

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5 The Alberta Utilities Commission Calgary, Alberta Decision Application Nos , , , , , , , , Western Alberta Transmission Line , , , Proceeding ID No Introduction 1. AltaLink L.P. (AltaLink) filed an application with the Alberta Utilities Commission (AUC or Commission) on March 1, 2011, requesting approval to construct and operate the Western Alberta Transmission Line (WATL) project. The project consists of four main components, namely: Construction of 500-kilovolt (kv) alternating current (AC)/500-kV direct current (DC) Sunnybrook 510S substation, which would contain the north converter station, to be located in the southwest quarter of Section 36, Township 50, Range 3, west of the Fifth Meridian and in the northwest quarter of Section 25, Township 50, Range 3, west of Fifth Meridian. Construction of a 240-kV AC/500-kV DC Crossings 511S substation, which would contain the south converter station, to be located in the northwest quarter of Section 16, Township 23, Range 27, west of the Fourth Meridian. Construction of a 500-kV DC transmission line 1325L connecting the proposed Sunnybrook 510S substation to the proposed Crossing 511S substation. Construction of a 500-kV AC Bennett 520S substation to be located in the southwest quarter of Section 16, Township 23, Range 27, west of the Fourth Meridian. 2. The application identifies a preferred route and an alternate route for a proposed 500-kV DC transmission line 1325L, along with several local route options for both the preferred and alternate routes. The application further identifies two proposed 500kV-AC transmission lines 1238L and 1239L from the proposed Sunnybrook 510S substation to the existing Genesee E330P substation and proposed alterations to associated existing substations and transmission lines. 3. The Bennett 520S substation would not be required if the Langdon option of the proposed preferred route is approved. The Crossings 511S substation would be located in the southwest quarter of Section 16, Township 23, Range 27, west of the Fourth Meridian under this option. 4. On April 20, 2011, the Commission held a process meeting at Westerner Park in Red Deer, Alberta, before Commission Chair, Willie Grieve QC and Commission Member, Neil Jamieson. AUC Decision (April 27, 2012) 1

6 5. On May 5, 2011, the Commission issued Decision with respect to the process meeting. In that decision the Commission granted standing in the WATL proceeding to the 566 Corridor Group, the West to East Alternate Route Protestors Group (WEAP), the Glennifer Lake Group, the Midway Group, the Chinook Country Group, Linhol Farms, the Westcott-Hainstock Landowners Group, the West Crossfield Group, and Anthony Heinrich pursuant to Section 9 of the Alberta Utilities Commission Act. On June 21, 2011, the Commission issued a letter updating the list of interveners with standing in this proceeding. The updated list of interveners with standing added the Samson Cree Nation, Laverne and Helle Tees, and John Knight who is part of the Langdon Group which was also granted standing in the WATL proceeding. 6. Additionally, Tyler Weikle, Mike and Linda Black, Alder-Dickson Leisure Grounds, and the Medicine Valley Landowners Group have been added as persons or groups with standing in the WATL proceeding as they own land or have members who own land within 800 meters of the proposed transmission line. 7. On October 21, 2011, at the request of the Minister of Energy, the Commission issued a letter adjourning the WATL hearing and suspending the process schedule, pending the outcome of the Government of Alberta s review of critical transmission infrastructure projects including the WATL project. 8. On December 7, 2011, the Commission wrote to counsel for the interveners informing them that it would consider applications for interim funding in the proceeding. 2 Interim costs claims 9. The Commission received the following interim costs claims; On November 11, 2011, Mr. Gavin Fitch and Mr. Evan Dixon of McLennan Ross LLP filed a claim on behalf of the 566 Corridor Group. The interim costs submitted total $117,106.65, consisting of legal fees for McLennan Ross LLP of $64,169.00, disbursements of $1, and GST of $3,271.24; consulting fees for Thompson Agricultural Consulting Ltd. of $26,175.00, disbursements of $1, and GST of $1,361.02; and b7kennedy & Associates Inc. consulting fees of $18, and GST of $ On December 16, 2011, Mr. Darryl Carter of Darryl Carter & Company filed three claims as follows: Laverne and Helle Tees in the amount of $15,949.50, consisting of legal fees for Darryl Carter & Company of $15, and GST of $ Tyler Weikle in the amount of $2,168.25, consisting of legal fees for Darryl Carter & Company of $2, and GST of $ Mike and Linda Black, in the amount of $1,690.50, consisting of legal fees for Darryl Carter & Company of $1, and GST of $ Decision :, Western Alberta Transmission Line Project Process Meeting, Application No , Proceeding ID No. 1045, Released: May 5, AUC Decision (April 27, 2012)

7 On December 21, 2011, Mr. Richard Secord of Ackroyd LLP filed a claim on behalf of WEAP. The interim costs claim submitted totals $294, and consists of legal fees for Ackroyd LLP of $103,128.50, disbursements of $2, and GST of $5,274.60; consulting fees for Berrien Associates Ltd. of $100,055.50, disbursements of $8, and GST of $5,439.57; consulting fees for Cottonwood Consultants Ltd. of $29,565.00, disbursements of $ and GST of $1,523.01; consulting fees for Grettel Appraisals Ltd. of $5, and GST of $275.00; professional fees for Alberta Ltd. of $11,745.00, disbursements of $ and GST of $593.60; professional fees for MNP LLP of $12,338.25, disbursement of $ and GST of $642.85; WEAP is claiming $5,000.00, in honoraria, $ in disbursements and GST of $ The Commission awarded WEAP advance funding in Decision in the amount of $214,692.00, therefore, in this interim funding claim WEAP requested the difference between the total interim claim and the advance funding, in the amount of $79, On January 13, 2012, Mr. Darren Reed of Jensen Shawa Solomon Duguid Hawkes LLP filed a claim on behalf of the Glennifer Lake Group. The interim costs submitted total $80, consisting of legal fees for Jensen Shawa Solomon Duguid Hawkes LLP of $75,496.50, disbursements of $1, and GST of $3, On January 19, 2012, Mr. Rangi Jeerakathil of MacPherson, Leslie & Tyerman LLP filed a claim on behalf of the Samson Cree Nation in the amount of $25, consisting of legal fees for MacPherson, Leslie & Tyerman LLP of $24, and disbursements of $ On January 19, 2012, Mr. John Gruber of MacPherson, Leslie & Tyerman LLP filed a claim on behalf of the Midway Group. The interim costs submitted total $69,086.08, consisting of legal fees for MacPherson, Leslie & Tyerman LLP of $51,309.50, disbursements of $ and GST of $2,582.08; professional fees of Max Dupilka Ph.D of $6,650.00; professional fees for Alberta Ltd. of $6,750.00, disbursements of $ and GST of $ Fen Roessingh is also claiming honoraria for forming a group of $ On January 31, 2012, Mr. Brett Barclay of Chinook Country Law filed a claim on behalf of the Chinook Country Group. The interim costs submitted total $97,968.83, consisting of legal fees for Chinook Country Law of $91,945.00, disbursements of $1, and GST of $4, On February 9, 2012, Mr. Keith Wilson of Wilson Law Office filed two claims as follows: Gerald Alder, Dianne Alder, Kent Alder, Laurel Alder, Muriel Alder and F. Cook Developments Ltd. operating in the name of Dickson Leisure Grounds (Alder- Dickson Leisure Grounds), in the amount of $50,063.66, consisting of legal fees for Wilson Law Office of $32,795.00, disbursements of $ and GST of $1,639.78; professional fees for Dr. Jeffrey Church of $4, and GST of 2 Decision : Western Alberta Transmission Line Errata to Advance Funding Decision dated July 26, 2011, Application No , Proceeding ID No. 1045, Released: July 28, AUC Decision (April 27, 2012) 3

8 $243.00; and professional fees for John MacCormick of $9,787.50, and GST of $ Linhol Farms Ltd. and Herb Holoboff (Linhol Farms), in the amount of $17,897.25, consisting of legal fees for Wilson Law Office of $17, and GST of $ On February 17, 2012, Michael Niven of Carscallen LLP filed two claims as follows: Langdon Group for interim costs totalling $55,585.78, consisting of legal fees for Carscallen LLP of $46,647.00, disbursements of $ and GST of $2,332.35; professional fees for The Louis Berger Group of $5, Landowner John Knight is also claiming honoraria for forming a group of $ Medicine Valley Landowners Group for interim costs totalling $140,971.38, consisting of legal fees for Carscallen LLP of $68,202.00, disbursements of $ and GST of $3,410.10; professional fees for Grid Power of $49, and GST of $2,460.38; professional fees for The Louis Berger Group Inc. of $6,130.50; professional fees for ALEATEC Advisory Services Inc. of $3, and GST of $187.50; fees for Pat Bedry of $ and GST of $30.00; Rein Matiisen s secretary fees of $3, Rein Matiisen is also claiming honoraria in the amount of $2, and $ for forming a group. On February 21, 2012, Mr. Zack Elias of Beaver Leebody Frank & Simic filed a claim on behalf of landowner Anthony Heinrich. The interim costs submitted total $45,599.11, consisting of legal fees for Beaver Leebody Frank & Simic of $26,054.00, disbursements of $96.75 and GST of $1,307.54; professional fees for Lovatt Planning Consultants Inc. of $2, and GST of $108.00; professional fees for Urban Revision, Land Development & Management of $9, and GST of $489.38; and professional fees for Michelle Ouellete Consulting Inc. of $5,160.00, disbursements of $ and GST of $ On March 8, 2012, Mr. Richard Horne of Horne Wytrychowski filed a claim on behalf of the Westcott Hainstock Group. The interim costs submitted total $48, which consists of legal fees in the amount of $45,535.00, disbursements in the amount of $ and GST in the amount of 2, On April 3, 2012, James Laycraft of Wilson Laycraft filed a claim on behalf of the West Crossfield Group of landowners. The interim costs submitted total $52, which consists of legal fees in the amount of $30,450.00, disbursements in the amount of $ and GST in the amount of $1, and expert s fees for The Louis Berger Group $19, Commission findings 3.1 Qualification for local intervener costs 10. Section 22 of the Alberta Utilities Commission Act provides that the Commission may award costs to persons or group of persons that meet the definition local intervener. That provision states in part: 4 AUC Decision (April 27, 2012)

9 22(1) For purposes of this section, local intervener means a person or group or associations of persons who, in the opinion of the Commission, (a) has an interest in, and (b) is in actual occupation of or is entitled to occupy land that is or may be directly and adversely affected by a decision or order of the Commission in or as a result of a hearing or other proceeding of the Commission on an application to construct or operate a hydro development, power plant or transmission line under the Hydro and Electric Energy Act or a gas utility pipeline under the Gas Utilities Act, but unless otherwise authorized by the Commission does not include a person or group or association of persons whose business interest may include a hydro development, power plant or transmission line or gas utility pipeline. (2) The Commission may make rules respecting the payment of costs to a local intervener for participation in any hearing or other proceeding of the Commission. 11. AUC Rule 009: Rules on Local Intervener Costs (Rule 009) provides rules for local interveners costs claims. This rule describes the process for applying for an award of costs and lists factors that the Commission may consider when deciding on a local intervener s costs claim. Rule 009 also prescribes a Scale of Costs applicable to local intervener costs claims. 12. In Decision and the updated list of persons with standing dated June 21, 2011, the Commission found that landowners or residents that own or reside on property within 800 metres of the right-of-way edge on either the preferred or alternate routes have standing to participate in the WATL proceeding pursuant to Section 9 of the Alberta Utilities Commission Act. All interveners indicated that their lands are within 800 metres of the edge of the right-ofway of either the proposed or alternate routes or the interveners occupy lands within close proximity to either the preferred or alternate routes and have shown that they may be directly and adversely affected by the Commission s decision on the WATL application. The Commission finds that the above noted interveners have demonstrated that they have an interest in land that is or may be affected by the Commission s decision on the WATL application. Therefore, they are local interveners as the term is defined in Section 22(1) of the Alberta Utilities Act. Accordingly, the interveners listed above qualify for an award of interim costs. 3.2 Interim costs awards 13. Section 4 of Rule 009 states: 4(1) a local intervener may apply to the Commission for an award of interim costs incurred in a hearing or other proceeding by filing an interim costs claim. (2) A local intervener may only claim interim costs in accordance with the Scale of Costs set out in Appendix A. (3) The Commission may award interim costs to a local intervener if the Commission is of the opinion that: 3 Decision : Western Alberta Transmission Line Project Process Meeting, Application No , Proceeding ID No. 1045, Released: May 5, AUC Decision (April 27, 2012) 5

10 (a) the costs are reasonable and directly and necessarily related to the hearing or other proceeding; (b) the hearing or other proceeding in which interim costs are claimed is lengthy; and (c) the local intervener has demonstrated a need for financial assistance to continue to address relevant issues in the hearing or other proceeding. (4) If the Commission awards interim costs to a local intervener under subsection (3), the Commission may: (a) pay the interim costs to the local intervener; and 6 AUC Decision (April 27, 2012) (i) set out terms for repayment of the interim costs to the Commission by the local intervener if the Commission varies or denies costs on a claim for costs filed by the local intervener at the close of the proceeding; or (ii) direct the applicant to reimburse the Commission for the interim costs paid to the local intervener. or (c) direct the applicant to pay the interim costs to the local intervener and set out terms for repayment of the interim costs to the applicant by the local intervener if the Commission varies or denies costs on the claim for costs filed by the local intervener at the close of the hearing or other proceeding. 14. The Commission considers that the local interveners have demonstrated a need for financial assistance to continue to address relevant issues in the hearing based on the submissions received which stated that interim funding was required to fully participate in this proceeding given the scope, fees and costs associated with retaining legal counsel and other experts. Also, the local interveners submitted that it was not reasonable for legal counsel and experts who began working on this proceeding in 2011 to wait to receive payment until late 2012 or even The Commission is unable to make findings regarding whether the costs claimed to date are reasonable and if the participation of an intervener claiming costs has contributed to a better understanding of the issues raised by the WATL proceeding since the public hearing is yet to take place. 16. Additionally, in an effort to ensure that interveners are not ordered to repay interim costs at the close of the WATL proceeding, the Commission considered an intervener or intervener group s participation in the WATL proceeding to date including criteria such as the number of interveners represented or members in a group and specific issues identified for member(s) of the group, whether the intervener or group filed information requests (IRs), IR responses, and evidence. The Commission also took note of the interim legal costs claimed by each local intervener or group and has considered the fees claimed in comparison to other interim claims for legal services and experts. For these reasons, different percentage amounts have been awarded to different interveners or intervener groups based on the Commission s consideration of the above noted criteria. 17. The Commission has decided to award interim costs for legal fees, expert fees, and GST on those fees and disbursements in the amounts set out below. Any other costs claimed or honoraria will be considered after the close of the proceeding.

11 Corridor Group 18. Mr. Gavin Fitch and Mr. Evan Dixon of McLennan Ross LLP filed a claim on behalf of the 566 Corridor Group which consists of 23 landowners. The 566 Corridor Group received advance funding of $89,600 on September 12, 2011, in Decision for legal fees and experts fees for Thomson Agricultural Consulting Ltd. and b7 Kennedy & Associates Ltd. 19. The Commission notes that the 566 Corridor Group retained the above-mentioned experts, asked IRs of AltaLink, filed evidence, and responded to IRs on its evidence. The Commission also notes that counsel for the 566 Corridor Group has claimed a total of hours spent on preparation time for the WATL proceeding. 20. Based on the criteria set out above, the Commission awards 80 percent of the legal fees and expert costs in the interim costs claim plus GST on these fees and disbursements on these costs. Accordingly, the Commission awards interim funding for McLennan Ross LLP s legal fees in the amount of $51,335.20, GST of $2, and disbursements of $1,265.73; Thompson Agriculture Consulting Ltd. experts fees in the amount of $20,940.00, GST of $1, and disbursements of $1,045.41; expert fees for b7 Kennedy & Associates Inc. in the amount of $15, and GST of $ The Commission has deducted the amount of $89,600 that 566 Corridor Group received in advance funds for a total interim award of $4, Laverne and Helle Tees, Tylor Weikle and Mike and Linda Black 21. Darryl Carter submitted interim costs claims on behalf his clients Laverne and HelleTees, Tylor Weikle, and Mike and Linda Black with a total of 43.4 hours for Laverne and Helle Tees, 5.9 hours for Tylor Weikle, and 4.6 hours for Mike and Linda Black. The Commission notes that statements of intent to participate were registered on behalf of Laverne and Helle Tees, Tylor Weikle and Mike and Linda Black and that IRs were submitted on behalf of the Tees. 22. Based on the criteria set out above, the Commission grants 65 percent of the legal fees in the interim costs claim plus GST on these fees. Accordingly, the Commission awards interim funding for: 3.5 WEAP Laverne and Helle Tees legal fees for Darryl Carter & Company in the amount of $9, and GST of $ For a total interim award of $10, Tylor Weikle legal fees for Darryl Carter & Company in the amount of $1, with GST of $67.11, for a total interim award of $1, Mike and Linda Black s legal fees for Darryl Carter & Company in the amount of $1, with GST of $52.33, for a total interim award of $1, Mr. Richard Secord of Ackroyd LLP filed a claim on behalf the WEAP group which consists of 34 landowners. The WEAP group received advance funding of $214, for legal fees and experts, which were jointly retained by WEAP, the Midway Group and Municipal Counsellors (now registered on the WATL proceeding as the LOOLA Group), on July 26, 2011, in Decision Decision : Western Alberta Transmission Line Advance Funding, Application No , Proceeding ID No. 1045, Released: September 13, AUC Decision (April 27, 2012) 7

12 24. The Commission notes that WEAP submitted and responded to IRs, made written submissions and jointly retained two experts in its participation in the WATL proceeding. In its interim costs claim, counsel for WEAP submitted a total of hours spent in preparation for the WATL proceeding. Additionally, the Commission notes that MNP LLP claimed $ in hourly fees for administration, when the Scale of Costs allows $45.00 an hour. Accordingly, the Commission reduced the expert fees claimed by MNP LLP by $ Based on the criteria set out above, the Commission grants 75 percent of the legal fees and expert costs incurred to date plus GST on these fees and disbursements claimed by legal counsel and experts. Therefore, the Commission awards interim funding for Ackroyd LLP s legal fees in the amount of $77,346.38, GST of $3, and disbursements of $2,363.39; expert fees for Berrien Associates Ltd. of $75,041.63, with GST of $4, and disbursements of $8,735.82; expert fees for Cottonwood Consultants Ltd. in the amount of $22,173.75, GST of $1, and disbursements of $895.17; expert fees for Grettel Appraisals of $4,125.00, and GST of $206.25; expert fees for Alberta Ltd. in the amount of $8,808.75, GST of $ and disbursements of $126.96; expert fees for MNP LLP in the amount of $8,829.00, GST of $ and disbursements of $ The Commission has deducted the amount of $214, received by WEAP in advance funds for a total interim award of $4, Glennifer Lake Group 26. Mr. Darren Reed of Jensen Shawa Solomon Duguid Hawkes LLP filed a claim on behalf of the Glennifer Lake Group which is comprised of 11 landowners. The Commission notes that the Glennifer Lake Group jointly retained experts and filed evidence and responded to IRs. Legal counsel for the Glennifer Lake Group submitted a total of hours for legal counsel and 29.1 hours for a paralegal. 27. Based on the criteria set out above, the Commission grants 70 percent of the interim funding requested in legal fees and experts costs in the interim costs claim plus GST on these fees and disbursements. Accordingly, the Commission awards interim funding for Jensen Shawa Solomon Duguid Hawkes LLP s legal fees in the amount of $52,847.55, GST of $2, and disbursements of $1,348.83, for a total interim award of $56, Samson Cree Nation 28. Mr. Rangi Jeerakathil of MacPherson, Leslie & Tyerman LLP filed a claim on behalf of the Samson Cree Nation for legal fees. The Commission notes that the Samson Cree Nation provided a response to the Commission s request for further information regarding standing and that it submitted IRs to AltaLink. The Samson Cree Nation submitted a total of 81.1 hours for legal counsel. 29. Based on the criteria above, the Commission grants 60 percent of the interim funding requested in legal fees in the interim costs claim and disbursements. Acordingly, the Commission awards interim funding for MacPherson, Leslie & Tyerman LLP s legal fees in the amount of $17, and disbursements of $327.02, for a total interim award of $17, The Midway Group 30. Mr. John Gruber of MacPherson, Leslie & Tyerman LLP filed a claim on behalf of the Midway Group which consists of nine landowners. The Midway Group received advance funding of $70,065 on July 26, 2011, in Decision including an advance of funds for experts jointly retained with WEAP and the Municipal Counsellors on behalf of the LOOLA 8 AUC Decision (April 27, 2012)

13 Group. The Commission notes that the Midway Group submitted IRs, filed evidence, and responses to IRs and claimed a total of hours for legal counsel. 31. Based on the criteria set out above, the Commission grants 75 percent of the interim funding requested in legal counsel and experts costs in the interim costs claim plus GST on these fees and disbursements. Accordingly, the Commission awards interim funding for MacPherson, Leslie & Tyerman LLP s legal fees in the amount of $38,482.13, GST of $1, and disbursements of $332.06; expert fees for Max Dupilka Ph.D in the amount of $4,987.50; expert fees to Alberta Ltd. in the amount of $5,062.50, GST of $ and disbursements of $595.18, for a total interim award of $51, However, as the Midway Group received $70, in advance funding, no order to pay interim costs will issue. 3.9 Chinook Country Group 32. Mr. Brett Barclay of Chinook Country Law filed a claim on behalf of the Chinook Country Group which consists of 24 landowners. The Commission notes that the Chinook Country Group submitted IRs and filed evidence and submitted a total of hours for legal counsel. This group has not retained any experts. The number of hours claimed by legal counsel exceeds those claimed by other legal counsel who represent groups and that have similarly participated in the proceeding. 33. Based on the criteria set out above, the Commission grants 60 percent of the interim funding requested in legal counsel and experts costs in the interim costs claim plus GST on these fees and disbursements on these costs. Accordingly, the Commission awards interim funding for Brett Barclay LLP s legal fees in the amount of $55,167.00, GST of $2, and disbursements of $1,358.65, for a total interim award of $59, Alder-Dickson Grounds and Linhol Farms 34. Mr. Keith Wilson of Wilson Law Office filed claims on behalf of Alder-Dickson Leisure Grounds and Linhol Farms. The Commission notes that Alder-Dickson Leisure Grounds and Linhol Farms retained two experts, filed evidence and claimed a total of hours for legal counsel. 35. Based on the criteria set out above, the Commission grants 60 percent of the interim funding requested for legal fees and expert costs in the interim costs claim plus GST on these fees and disbursements on these costs. Therefore, the Commission awards interim funding for: Alder-Dickson Leisure Grounds legal fees for Keith Wilson in the amount of $19,677.00, GST of $ and disbursements of $249.00; expert fees for Dr. Jefferey Church in the amount of $2, and disbursements of $145.80; expert fees for John MacCormick in the amount of $5, and GST of $293.63, for a total interim award of $30, Linhol Farms legal fees for Keith Wilson in the amount of $10, and GST of $ for a total interim award of $10, Langdon Group and Medicine Valley Landowners 36. Michael Niven of Carscallen LLP filed claims on behalf of the Langdon Group and the Medicine Valley Landowners Group. The Langdon Group consists of approximately 20 landowners. The Commission notes that the Langdon Group has retained one expert. Legal counsel for the Langdon Group has claimed 180 hours for this group. AUC Decision (April 27, 2012) 9

14 37. The Medicine Valley Landowners Group consists of eleven landowners who are also represented by Michael Niven. The Commission notes that the Medicine Valley Landowners Group retained three experts. Legal counsel has claimed a total of hours for this group. 38. The Commission notes that both the Langdon Group and the Medicine Valley Landowners Group submitted IRs to AltaLlink, filed evidence and responded to IRs. The Commission considers that the hours claimed for legal fees are not reasonable in light of the hours claimed by counsel who represent similar sized groups and who have similarly participated in the proceeding. 39. Based on the criteria set out above, the Commission grants 50 percent of the legal fees claimed and 65 percent of the expert costs in the interim costs claim plus GST on these fees and disbursements. Therefore the Commission awards interim funding for: Langdon Group legal fees for Carscallen LLP in the amount of $23,323.50, GST of $1, and disbursements of $ for a total interim award of $28, Medicine Valley Landowners legal fees for Carscallen LLP in the amount of $34,101.00, GST of $1, and disbursements of $893.40; expert fees for Grid Power in the amount of $31, and GST of $1,599.25; expert fees for The Loius Berger Group Inc. in the amount of $3,984.83; expert fees ALEATEC Advisory Services Inc. in the amount of $2, and GST of $121.88, for a total interim award of $76, Mr. Anthony Heinrich 40. Mr. Zack Elias of Beaver Leebody Frank & Simic LLP submitted an interim costs claim on behalf of his client, Mr. Heinrich. The Commission notes that Mr. Heinrich submitted IRs to AltaLink, retained experts, responded to IRs, and filed written evidence. Legal counsel for Mr. Heinrich has claimed a total of 97.2 hours of preparation time. 41. Based on the criteria set out above, the Commission grants 65 percent of the amount requested for legal fees and experts costs in the interim costs claim plus GST on these fees and disbursements. Accordingly, the Commission awards interim funding for Beaver Leebody Frank & Simic s legal fees in the amount of $16,935.10, GST of $ and disbursements of $96.75; expert fees for Lovatt Planning Consultants Inc. in the amount of $1, and GST of $70.20; expert fees for Urban Revision, Land Development & Management in the amount of $6, and GST of $318.10; expert fees for Michelle Ouellette Consulting Inc. in the amount of $3,354.00, GST of $ and disbursements of $169.47, for a total interim award of $29, Westcott-Hainstock Group 42. Mr. Richard Horne of Horne Wytrychwoski, submitted an interim costs claim on behalf of his client, the Westcott-Hainstock Group which is comprised of five landowners. The Commission notes that the Westcott-Hainstock Group submitted intervener evidence and responded to IRs. Mr. Horne submitted a total of hours of preparation time. 43. Based on the criteria set out above, the Commission grants 60 percent of the legal fees plus GST on these fees and disbursements. Therefore, the Commission awards interim funding for Richard Horne s legal fees in the amount of $27,321.00, GST of $1, and disbursements of $783.06, for a total interim award of $31, AUC Decision (April 27, 2012)

15 3.14 West Crossfield Group 44. Mr. James Laycraft submitted an interim costs claim on behalf of the West Crossfield Group which is comprised of 22 landowners. The Commission notes that the West Crossfield Group retained one expert, submitted IRs to the applicant and filed evidence. Mr. Laycraft submitted a total of 87 hours for legal counsel. 45. Based on the criteria set out above, the Commission awards 80 percent of the legal fees and expert costs in the interim costs claim plus GST on these fees and disbursements on these costs. Therefore the Commission awards interim funding for Wilson Laycroft s legal fees in the amount of $24,360.00, GST of $1, and disbursements of $147.25; expert fees for The Loius Berger Group in the amount of $15,963.60, for a total interim award of $41, In granting this interim funding, the Commission makes no determination respecting the value of any interveners participation. Any intervener or intervener group which accepts interim funding pursuant to this order accepts the risk that, if its final costs award relating to the proceeding is less than the amount of the advance funding directed in this order, it will be required to repay the difference. 47. In making its final costs award, the Commission will expect to be satisfied that all fees and disbursements claimed relate to the proceeding and conform to the Scale of Costs adopted by the Commission. The Commission will also consider the effectiveness of the participation, its relevance to the issues and whether the costs of the participation were necessary and reasonable. 4 Order 48. It is hereby ordered that: (1) shall pay intervener interim costs in the amount of $4, to 566 Corridor Group, as set out in column (l) of Appendix A. Payment shall be made to McLennan Ross, Attention: Mr. Gavin Fitch at 1600 Stock Exchange Tower, th Avenue SW, Calgary, Alberta, T2P 3C4. (2) shall pay intervener interim costs in the amount of $10, to Lavergne and Helle Tees, as set out in column (l) of Appendix A. Payment shall be made to Darryl Carter & Company, Attention: Mr. Darryl Carter at 103, Avenue, Grande Pairie, Alberta, T8V 7X6. (3) shall pay intervener interim costs in the amount of $1, to Tylor Weikle, as set out in column (l) of Appendix A. Payment shall be made to Darryl Carter & Company, Attention: Mr. Darryl Carter at 103, Avenue, Grande Prairie, Alberta, T8V 7X6. (4) shall pay intervener interim costs in the amount of $1, to Mike and Linda Black, as set out in column (l) of Appendix A. Payment shall be made to Darryl Carter & Company, Attention: Mr. AUC Decision (April 27, 2012) 11

16 Darryl Carter at 103, Avenue, Grande Prairie, Alberta, T8V 7X6. (5) shall pay intervener interim costs in the amount of $4, to WEAP, as set out in column (l) of Appendix A. Payment shall be made to Ackroyd LLP, Attention: Mr. Richard Secord at Jasper Avenue, Edmonton, Alberta, T5J 3S9. (6) shall pay intervener interim costs in the amount of $56, to Glennifer Lake Group, as set out in column (l) of Appendix A. Payment shall be made to Jensen Sawa Solomon Duguid Hawkes, Attention: Mr. Darren Reed at 800, th Avenue SW, Calgary, Alberta, T2P 1C2. (7) shall pay intervener interim costs in the amount of $17, to Samson Cree Nation, as set out in column (l) of Appendix A. Payment shall be made to MacPherson, Leslie & Tyerman LLP, Attention: Mr. Ranji Jeerakathil at , 22 nd Street East, Saskatoon, Saskatchewan, S7K 5T6. (8) shall pay intervener interim costs in the amount of $59, to Chinook Country Group, as set out in column (l) of Appendix A. Payment shall be made to Brett Barclay Barrister & Solicitor, Attention: Mr. Brett Barclay at Box 1184, Crossfield, Alberta, T0M 0S0. (9) shall pay intervener interim costs in the amount of $30, to Alder-Dickson Leisure Grounds, as set out in column (l) of Appendix A. Payment shall be made to Wilson Law Office, Attention: Mr. Keith Wilson at 195, 3 11 Bellerose Drive, St. Albert, Alberta, T8N 5C9. (10) shall pay intervener interim costs in the amount of $10, to Linhold Farms, as set out in column (l) of Appendix A. Payment shall be made to Wilson Law Office, Attention: Mr. Keith Wilson at 195, 3 11 Bellerose Drive, St. Albert, Alberta, T8N 5C9. (11) shall pay intervener interim costs in the amount of $28, to the Langdon Group, as set out in column (l) of Appendix A. Payment shall be made to Carscallen LLP, Attention: Mr. Michael Niven QC at , 2 nd Street SW, Calgary, Alberta, T2P 2Y3. (12) shall pay intervener interim costs in the amount of $76, to Medicine Valley Landowners Group, as set out in column (l) of Appendix A. Payment shall be made to Carscallen LLP, Attention: Mr. Michael Niven QC at , 2 nd Street SW, Calgary, Alberta, T2P 2Y3. (13) shall pay intervener interim costs in the amount of $29, to Anthony Heinrich, as set out in column (l) of Appendix A. 12 AUC Decision (April 27, 2012)

17 Payment shall be made to Beaver Leebody Frank & Simic, Attention: Mr. Zack Elias at Suite 401, Street, Edmonton, Alberta, T5J 0X6. (14) shall pay intervener interim costs in the amount of $29, to Westcott-Hainstcok Group, as set out in column (l) of Appendix A. Payment shall be made to Horne Wytrychowski, Attention: Mr. Richard Horne at 14, st Avenue NW, Airdrie, Alberta, T4B 2R3. (15) shall pay intervener interim costs in the amount of $41, to West Crossfield Group, as set out in column (l) of Appendix A. Payment shall be made to Wilson Laycraft Barristers & Solicitors, Attention: Mr. James Laycraft QC at Suite 1601, th Avenue SW, Calgary, Alberta, T2R 1L9. If a lesser amount is awarded to an intervener in the final costs award, the intervener must repay the difference within 30 days of the date of the final costs award. Dated on April 27, The Alberta Utilities Commission (original signed by) Willie Grieve QC Chair (original signed by) Kay Holgate Commission Member (original signed by) Pat Brennan Acting Commission Member AUC Decision (April 27, 2012) 13

18 Alberta Utilities Commission AltaLink WATL Proc ID No Total Costs Interim / Appendix A Total Fees (a) Total Honoraria (b) Total Expenses (c) Total GST (d) Total Amount (e) Total Fees (f) Total Honoraria (g) Total Expenses (h) Total GST (i) Total Interim Costs (j) Costs Previously (k) Total Amount Interim Costs (l) INTERVENERS 566 Corridor Group McLennan Ross LLP $64, $0.00 $1, $3, $68, $51, $0.00 $1, $2, $55, Thompson Agricultural Consulting Ltd. $26, $0.00 $1, $1, $28, $20, $0.00 $1, $1, $23, b7 Kennedy &Associates Inc. $18, $0.00 $0.00 $ $19, $15, $0.00 $0.00 $ $15, Sub-Total $109, $0.00 $2, $5, $117, $87, $0.00 $2, $4, $94, $89, $4, Laverne & Helle Tees Darryl Carter & Company $15, $0.00 $0.00 $ $15, $9, $0.00 $0.00 $ $10, Sub-Total $15, $0.00 $0.00 $ $15, $9, $0.00 $0.00 $ $10, $0.00 $10, Tylor Weikle Darryl Carter & Company $2, $0.00 $0.00 $ $2, $1, $0.00 $0.00 $67.11 $1, Sub-Total $2, $0.00 $0.00 $ $2, $1, $0.00 $0.00 $67.11 $1, $0.00 $1, Mike & Linda Black Darryl Carter & Company $1, $0.00 $0.00 $80.50 $1, $1, $0.00 $0.00 $52.33 $1, Sub-Total $1, $0.00 $0.00 $80.50 $1, $1, $0.00 $0.00 $52.33 $1, $0.00 $1, West to East Alternate Route Protestors Ackroyd LLP $103, $0.00 $2, $5, $110, $77, $0.00 $2, $3, $83, Berrien Associates Ltd. $100, $0.00 $8, $5, $114, $75, $0.00 $8, $4, $87, Cottonwood Consultants Ltd. $29, $0.00 $ $1, $31, $22, $0.00 $ $1, $24, Grettel Appraisals Ltd. $5, $0.00 $0.00 $ $5, $4, $0.00 $0.00 $ $4, Alberta Ltd- Andrew Jones. $11, $0.00 $ $ $12, $8, $0.00 $ $ $9, MNP LLP $12, $0.00 $ $ $13, $8, $0.00 $ $ $9, West to East Alternate Route Protestors $0.00 $5, $ $ $5, $0.00 $0.00 $0.00 $0.00 $0.00 Sub-Total $262, $5, $13, $14, $294, $196, $0.00 $12, $10, $219, $214, $4,

19 Alberta Utilities Commission AltaLink WATL Proc ID No Total Costs Interim / Appendix A Total Fees (a) Total Honoraria (b) Total Expenses (c) Total GST (d) Total Amount (e) Total Fees (f) Total Honoraria (g) Total Expenses (h) Total GST (i) Total Interim Costs (j) Costs Previously (k) Total Amount Interim Costs (l) Glennifer Lake Group Jensen Shawa Solomon Duguid Hawkes LLP $75, $0.00 $1, $3, $80, $52, $0.00 $1, $2, $56, Sub-Total $75, $0.00 $1, $3, $80, $52, $0.00 $1, $2, $56, $0.00 $56, Samson Cree Nation MacPherson, Leslie & Tyerman LLP $24, $0.00 $ $0.00 $25, $17, $0.00 $ $0.00 $17, Sub-Total $24, $0.00 $ $0.00 $25, $17, $0.00 $ $0.00 $17, $0.00 $17, Midway Group MacPherson, Leslie & Tyerman LLP $51, $0.00 $ $2, $54, $38, $0.00 $ $1, $40, Max Dupilka, Ph.D $6, $0.00 $0.00 $0.00 $6, $4, $0.00 $0.00 $0.00 $4, Alberta Ltd. (Andrew Jones) $6, $0.00 $ $ $7, $5, $0.00 $ $ $5, Fen Roessingh $0.00 $ $0.00 $0.00 $ $0.00 $0.00 $0.00 $0.00 $0.00 Sub-Total $64, $ $ $2, $69, $48, $0.00 $ $2, $51, $70, $0.00 Chinook Country Group Brett Barclay LLP $91, $0.00 $1, $4, $97, $55, $0.00 $1, $2, $59, Sub-Total $91, $0.00 $1, $4, $97, $55, $0.00 $1, $2, $59, $0.00 $59, Alder-Dickson Leisure Grounds Keith Wilson $32, $0.00 $ $1, $34, $19, $0.00 $ $ $20, Dr. Jefferey Church $4, $0.00 $0.00 $ $5, $2, $0.00 $0.00 $ $3, John MacCormick $9, $0.00 $0.00 $ $10, $5, $0.00 $0.00 $ $6, Sub-Total $47, $0.00 $ $2, $50, $28, $0.00 $ $1, $30, $0.00 $30, Linhol Farms Keith Wilson $17, $0.00 $0.00 $ $17, $10, $0.00 $0.00 $ $10, Sub-Total $17, $0.00 $0.00 $ $17, $10, $0.00 $0.00 $ $10, $0.00 $10, Langdon Group Carscallen LLP $46, $0.00 $ $2, $49, $23, $0.00 $ $1, $24, Ther Louis Berger Group $5, $0.00 $0.00 $0.00 $5, $3, $0.00 $0.00 $0.00 $3, John Knight $0.00 $ $0.00 $0.00 $ $0.00 $0.00 $0.00 $0.00 $0.00 Sub-Total $52, $ $ $2, $55, $27, $0.00 $ $1, $28, $0.00 $28, Medicine Valley Landowners Carscallen LLP $68, $0.00 $ $3, $72, $34, $0.00 $ $1, $36, Grid Power $49, $0.00 $0.00 $2, $51, $31, $0.00 $0.00 $1, $33, Louis Berger Group Inc. $6, $0.00 $0.00 $0.00 $6, $3, $0.00 $0.00 $0.00 $3, ALEATEC Advisory Services Inc. $3, $0.00 $0.00 $ $3, $2, $0.00 $0.00 $ $2, Rein Metiisen $0.00 $2, $0.00 $0.00 $2, $0.00 $0.00 $0.00 $0.00 $0.00 2

20 Alberta Utilities Commission AltaLink WATL Proc ID No Total Costs Interim / Appendix A Total Fees (a) Total Honoraria (b) Total Expenses (c) Total GST (d) Total Amount (e) Total Fees (f) Total Honoraria (g) Total Expenses (h) Total GST (i) Total Interim Costs (j) Costs Previously (k) Total Amount Interim Costs (l) Pat Bedry $ $0.00 $0.00 $30.00 $ $0.00 $0.00 $0.00 $0.00 $0.00 Secratarial/Assistant $3, $0.00 $0.00 $0.00 $3, $0.00 $0.00 $0.00 $0.00 $0.00 Sub-Total $131, $2, $ $6, $140, $72, $0.00 $ $3, $76, $0.00 $76, Anthony Heinrich Beaver Leebody Frank & Simic $26, $0.00 $96.75 $1, $27, $16, $0.00 $96.75 $ $17, Lovatt Planning Consultants Inc. $2, $0.00 $0.00 $ $2, $1, $0.00 $0.00 $70.20 $1, Urban Revision, Land Development & Management $9, $0.00 $0.00 $ $10, $6, $0.00 $0.00 $ $6, Michelle Ouellette Consulting Inc. $5, $0.00 $ $ $5, $3, $0.00 $ $ $3, Sub-Total $43, $0.00 $ $2, $45, $28, $0.00 $ $1, $29, $0.00 $29, Westcott Hainstock Land Owner Group Richard A. Home $45, $0.00 $ $2, $48, $27, $0.00 $ $1, $29, Sub-Total $45, $0.00 $ $2, $48, $27, $0.00 $ $1, $29, $0.00 $29, West Crossfield Group Wilson Laycroft $30, $0.00 $ $1, $32, $24, $0.00 $ $1, $25, The Loius Berger Group $19, $0.00 $0.00 $0.00 $19, $15, $0.00 $0.00 $0.00 $15, Sub-Total $30, $0.00 $ $1, $32, $40, $0.00 $ $1, $41, $0.00 $41, TOTAL INTERVENER COSTS $1,015, $8, $21, $49, $1,095, $704, $0.00 $21, $33, $759, $374, $403,