bch-rra-v8a jan 23, 2020 cover...transcript reference for that is page 1036, and there bc hydro –...

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Allwest Reporting Ltd. #1200 - 1125 Howe Street Vancouver, B.C. V6Z 2K8 BRITISH COLUMBIA UTILITIES COMMISSION IN THE MATTER OF THE UTILITIES COMMISSION ACT R.S.B.C. 1996, CHAPTER 473 and British Columbia Hydro and Power Authority - F2020-F2021 Revenue Requirements Application BBEFORE: D. Morton, Panel Chair/Commission Chair A. Fung, Q.C., Commissioner/Deputy Chair R. Mason, Commissioner B. Lockhart Commissioner VOLUME 8A PROCEEDINGS Vancouver, B.C. January 23 rd , 2020

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Page 1: BCH-RRA-V8A Jan 23, 2020 Cover...transcript reference for that is page 1036, and there BC Hydro – F2020-F2021 Revenue Requirements Proceedings – January 23, 2020 – Volume 8 Page:

Allwest Reporting Ltd. #1200 - 1125 Howe Street Vancouver, B.C. V6Z 2K8

BRITISH COLUMBIA UTILITIES COMMISSION

IN THE MATTER OF THE UTILITIES COMMISSION ACT

R.S.B.C. 1996, CHAPTER 473

and

British Columbia Hydro and Power Authority -

F2020-F2021 Revenue Requirements Application

BBEFORE:

D. Morton, Panel Chair/Commission Chair

A. Fung, Q.C., Commissioner/Deputy Chair R. Mason, Commissioner B. Lockhart Commissioner VOLUME 8A

PROCEEDINGS

Vancouver, B.C. January 23rd , 2020

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APPEARANCES P. MILLER, Commission Counsel M. GHIKAS, British Columbia Hydro & Power Authority T. AHMED, C. BYSTROM, C. WEAFER, Commercial Energy Consumers Association of British Columbia (CEC) P. WEAFER, M. KEEN, Association of Major Power Customers of B.C. (AMPC) E. CHAN, A. BAER, W. ANDREWS, B.C. Sustainable Energy Association (BCSEA) M. JACKSON, T. HACKNEY, L. WORTH, British Columbia Old Age Pensioners’ Organizations, Active I. MIS, Support Against Poverty, Disability Alliance B.C., Council of Senior Citizens’

Organizations of B.C., Tenants Resource and Advisory Centre and Together Against Poverty Society (BCOAPO)

D. AUSTIN, Clean Energy Association of British Columbia (CEABC) J. WEIMER, J. QUAIL, Movement of United Professionals (MoveUP) S. QUAIL, J. McLEAN, Zone II Ratepayers H. WANG, L. DONG, D. INCE, Self E. GJOSHE, Self P. WILLIS Self I. CULLIS BC Non-Profit Housing Association

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INDEX OF EXHIBITS

NO. DESCRIPTION PAGE

VOLUME 5 – January 20th, 2020

C9-14 EXCERPT FROM SAP INQUIRY REPORT .............. 378

C9-15 VANCOUVER SUN ARTICLE, FRACKING POSES THREAT . 392

C9-16 "ZAPPED…BY: KEN DAVIDSON, DATE: FEBRUARY 2019" ........................................ 405 C11-15 TERMS OF REFERENCE FOR THE COMPREHENSIVE

REVIEW OF BC HYDRO - PHASE ................... 418 C11-16 IR RESPONSE FROM F2012 TO F2014 REVENUE

REQUIREMENT APPLICATION ...................... 440 C11-17 AMPC AID-TO-CROSS 9, "NEWS" DATED MAY 16, 2018 ................................. 462 C6-8 PRESS RELEASE STATEMENT DATED MARCH 1, 2018 .. 468 C10-9 EXCERPT FROM SHAREHOLDER'S LETTER OF

EXPECTAITONS… DATED JANUARY 6 AND JANUARY 10, 2010 ............................. 512 C10-10 EXCERPTS FROM BC HYDRO'S SERVICE PLAN 2011/12 TO 2013/14 ........................... 513 C10-11 LETTER REF: 98538 DATED FEBRUARY 16, 2017 ... 527 C10-12 EXCERPT FROM LETTER DATED AUGUST 24, 2017 TO KENNETH PETERSON .......................... 530

VOLUME 5 – January 20th, 2020 B-32 BC HYDRO UNDERTAKING NO. 1 ................... 579 B-33 BC HYDRO UNDERTAKING NO. 2 ................... 580

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INDEX OF EXHIBITS

NO. DESCRIPTION PAGE C10-13 EXTRACT OF BC HYDRO EXECUTIVE SUMMARY, DAM

SAFETY Q1 REPORT - F2014 ..................... 583 C10-14 "CEABC RESPONSE TO ZAPPED REPORT…March 21,

2019" ........................................ 600 C10-15 EXCERPT FROM CALIFORNIA PUBLIC UTILITIES 2018

ANNUAL REPORT ON THE RENEWABLE PORTFOLIO STANDARD TO THE CALIFORNIA LEGISLATURE ....... 601

C10-16 EXTRACTS FROM ZAPPED REPORT .................. 613 C11-18 AMPC AID TO CROSS 11 ......................... 803

VOLUME 7 – January 22nd, 2020 C11-19 EXCERPT FROM "MAKING LIFE BETTER, FIRST

QUARTERLY REPORT SEPTEMBER 2019" ............. 902 C11-20 AMPC WITNESS AID TO CROSS 2 .................. 923 B-34 Reserved ..................................... 927

VOLUME 8A – January 23rd, 2020 B-35 BC HYDRO UNDERTAKING NO. 8 .................. 1081

B-36 BC HYDRO UNDERTAKING NO. 9 .................. 1082 A2-5 PAGE 34 OF 118 FROM ORDER G-47-18 ........... 1143 A2-6 EXCERPT FROM BC HYDRO APPLICATION FOR APPROVAL OF DEBT MANAGEMENT REGULATORY ACCOUNT, PAGES 3, 6, 7 AND 10 ............... 1194 B-37 BC HYDRO UNDER TAKING NO. 10 ................ 1204 B-38 BC HYDRO UNDER TAKING NO. 7 ................. 1204 B-39 BC HYDRO UNDER TAKING NO. 5 ................. 1204

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INDEX OF EXHIBITS

NO. DESCRIPTION PAGE A2-7 EXCERPTS FROM BCUC'S F2009/2010 RRA DECISION DATED MARCH 13, 2009 ............... 1208

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INFORMATION REQUESTS

JANUARY 20, 2020 - VOLUME 5 No Information Requests

JANUARY 21, 2020 - VOLUME 6 For Mr. Austin: Page 586 For Mr. Ince: Page 652 For Mr. C. Weafer: Page 775

JANUARY 221, 2020 - VOLUME 7 For Commission Panel: Page 910, 1074 For Mr. Ghikas: Page 926 For Ms. Worth: Page 996 For Mr. Quail: Page 1019, 1021, 1033 For Mr. Austin: Page 1057

JANUARY 23, 2020 - VOLUME 8A For Ms. Gjoshe: Page 1102 For Commission Panel: Page 1129, 1214-1215 For Mr. Miller: Page 1173, 1198, 1207

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Allwest Reporting Ltd., Vancouver, B.C.

VANCOUVER, B.C.

January 23rd, 2020

(PROCEEDINGS RESUMED AT 8:31 A.M.)

THE CHAIRPERSON: Thank you, please be seated.

BC HYDRO PANEL 2 - OPERATING COSTS:

JANET FRASER, Resumed:

CAROLYNN RYAN, Resumed:

DAVID WONG, Resumed:

RYAN LAYTON, Resumed:

KIP MORISON, Resumed:

THE CHAIRPERSON: Good morning everyone, I hope you had

a good evening, as short as it may have been, and

managed to stay dry.

Mr. Ahmed, I understand that you have some

undertakings for us?

MR. AHMED: Yes please, thank you, Mr. Chair. If it's

all right, we're trying to knock these off as quick as

we can. A couple are written. The first one is

marked as BC Hydro Undertaking No. 8, and it was a

question that appears in the transcript at page 1057

from my friend Mr. Austin, asking about the number of

key account managers who work with oil and gas

customers. And I believe that undertaking has been

provided in writing. And the exhibit number should B-

35.

(BC HYDRO UNDERTAKING NO. 8 MARKED EXHIBIT B-35)

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THE CHAIRPERSON: Thank you.

MR. AHMED: The second written undertaking that we have

this morning is marked BC Hydro Undertaking No. 9, and

that request was made on the transcript on page 1049

and it was again a question from my friend Mr. Austin

in relation to demand side management, and how many

people are doing demand side management work on behalf

of BC Hydro that would be considered to be the sales

force. And I believe the exhibit number for that

should be Exhibit B-36.

(BC HYDRO UNDERTAKING NO. 9 MARKED EXHIBIT B-36)

THE CHAIRPERSON: Thank you.

MR. AHMED: Thank you, Mr. Chair. There are a few

other ones that we're hoping to just take care of

verbally this morning. The first one, the transcript

reference for that was on page 910 of the transcript,

and Chairman Morton was asking about the calculation

of Powerex's net income and the methodology that was

used by BC Hydro in the last RRA, as well as whether

that five year average was updated in the evidentiary

update in that proceeding.

Mr. Wong, did you have an opportunity to

look into that?

MR. WONG: A Yes, we looked into that, and in the

previous application which was in Fiscal '17 to '19,

BC Hydro actually did not file an evidentiary update,

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so there wasn’t one.

The application in itself, the full

application for '17 to '19 was filed in July 2016, and

just to note there, BC Hydro did calculate Powerex's

net income using the five year average for trade

income using actual results for Fiscal '12 to Fiscal

'16. The consistent approach that we applied to this

application as well. So, consistent in the principles

there.

THE CHAIRPERSON: Thank you.

MR. AHMED: Thank you. The next question that was left

was by my friend Ms. Mis at page 1008 of the

transcript. And there she was asking what are the

most recent quarterly results for fiscal 2020 for

trade income and how does that compare with the same

period for Fiscal 2018 and Fiscal 2019.

Did you have an opportunity to looking into

that?

Proceeding Time 8:33 a.m. T2

MR. WONG: A Yes. So for trade income for Fiscal 2020

I'd mentioned it was 65 million. The exact number is

61 million for the six months ended September 30th,

2019. For Fiscal '19, the same six month period, was

208 million and Fiscal '18 was 118 million.

MR. AHMED: Thank you. The final item I have, the

transcript reference for that is page 1036, and there

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my friend, Mr. Austin, was asking about whether there

were debt instruments longer than 30 years. And, Mr.

Wong, your response was, "Yeah, I don't believe 30

years is our max. I could double check that, but I'm

pretty sure it's 30 years." Did you have an

opportunity to look into that last night?

MR. WONG: A Yeah, we have only two issuances that are

greater than 30 years, and those are identified in --

we have a list of all our debt issuances in AMPC IR

2.26.1 which lists out all the maturities, but just

two.

THE CHAIRPERSON: Just a follow up question, Mr. Wong.

Thank you for that.

MR. WONG: A Yeah.

THE CHAIRPERSON: Did you only check debt that's

currently outstanding?

MR. WONG: A That's correct, yes.

THE CHAIRPERSON: So it's possible that --

MR. WONG: A It's possible that in the past there could

have been issues.

THE CHAIRPERSON: It could have been -- and be retired

already. But -- yeah, okay, thank you.

MR. WONG: A We didn't look into that.

THE CHAIRPERSON: Yeah, understood.

MR. AHMED: I'm sorry, I did speak too soon. I did

have one more item that I did want to address and that

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was Ms. Worth was asking Mr. Layton -- and there was a

fairly lengthy exchange. It begins at page 996 of the

transcript and it was asking about an update for

capacity hours gained from the WorkSmart program. And

perhaps if it jogs everyone's memory, Mr. Layton did

some rough math and there was consideration whether

that tentative undertaking needed to be addressed.

And I think that conversation concluded at page 1001

of the transcript where Ms. Worth said, "Provided it's

not materially different, we're satisfied with that in

conjunction with the provisional undertaking that

we've asked for."

Mr. Layton, did you have a chance to have

your team looking into that further?

MR. LAYTON: A I did indeed, and what I can report is

that we're confident that when we actually tabulate

the final number it's not going to be materially

different than the estimation I gave yesterday, and so

we consider that matter closed.

THE CHAIRPERSON: Thank you.

MR. AHMED: Thank you, Mr. Chair.

THE CHAIRPERSON: Thank you, MR. Ahmed. Mr. Ince?

MR. INCE: Good morning, Mr. Chair, panel members.

THE CHAIRPERSON: Good morning.

CROSS-EXAMINATION BY MR. INCE:

MR. INCE: Q. BC Hydro. An exchange just occurred with

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regards to Powerex net income for Fiscal '20 and, Mr.

Wong, I believe you said that Powerex net income for

the first six months is approximately $60 million?

MR. WONG: A That's correct.

MR. INCE: Q And would that imply that -- well, net

income for this Fiscal '20 will we lower than what

occurred in Fiscal '19? I believe the number was $430

million.

MR. WONG: A Based on the result to date that would

imply that, but, you know, subject to -- trading

income goes up and down, but yes.

MR. INCE: Q It's been mentioned several times in this

proceeding that $430 million is a very good outcome

historically. Is that the case?

MR. WONG: A That is.

MR. INCE: Q Not wanting to see Mr. Ghikas rise with

regards to the history of net incomes.

Proceeding Time 8:37 a.m. T3

MR. WONG: A I think if you took a look at the history

of actual net income of Powerex, and there's IRs

associated with that, you'd see that Fiscal '19 was an

exceptional year for Powerex.

MR. INCE: Q Okay, thank you. I do remember the

2000/2001 so-called California Energy Crisis being at

BC Hydro and earning, I believe, 1.5 billion net.

Although I think there was a significant portion of

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that having to be given back, but I accept that $430

million is possibly one of the best years ever?

MR. WONG: A Let me just -- if you take a look at the

last 13 years, definitely Fiscal '19 was the best year

ever.

MR. INCE: Q Okay, thank you. So, Mr. Wong, do you

remember on Tuesday we were talking about the risk

framework of BC Hydro, so we had a discussion, Mr.

O'Riley, yourself and myself, regarding the risk

priorities of BC Hydro. So risk identification and

risk prioritization, hopefully how that flowed into

capital, sort of the money is tight, scarce capital,

how capital is allocated within BC Hydro based on

those risk allocations. Do you remember that?

MR. WONG: A Yes, I do.

MR. INCE: Q And now I'm going to -- first, can I ask,

is this specific regulator process an exercise in

compromise in terms of trying to weigh the interest of

the ratepayer, BC Hydro and the shareholder?

MR. WONG: A I don't see this hearing, the revenue

requirement, as an exercise in compromise. I see that

what this is is a -- BC Hydro has to put its budgets

together every year and there's lots of stakeholders

that we have, our shareholder, ratepayers, regulator,

and every budget we put together we have -- takes

months. There are definitely things that we need to

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do and tradeoffs that need to happen, and what the

management team does throughout the company is to put

together what we believe is the best budget to put

forward, taking into account all those tradeoffs that

need to occur.

And so I think the purpose of this process

is to validate that, for us to explain why the

tradeoffs that we did to come to what we had here, why

we need the funding that we need to do and to provide

the evidence around the thoughtfulness that we went

through in order to come up to the budgets that we

have, in order to therefore determine the rates to

ratepayers.

MR. INCE: Q So you're saying there's a tradeoff

process within BC Hydro to balance those different

objectives, including the lowering of rates, but

there's also a tradeoff exercise in terms of this

process in terms of the interaction between the

ratepayer advocates, the Commission and BC Hydro?

MR. WONG: A Yeah, it's a good opportunity for everyone

to ask us questions and hear what those tradeoffs are,

and how we think about in developing our budgets.

Proceeding Time 8:40 a.m. T04

MR. INCE: Q And perhaps mitigate costs as a result of

identification of potential tradeoffs? Further

tradeoffs?

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MR. WONG: A Well, no, we will leave that for the panel

to decide. I mean the opportunity here is for us to

have this dialogue, and to get the information out on

the table, clarifications, on top of all the

information that has been filed to date, to give that

insight. So that's really why we're here.

I believe that we have a strong budget in

place. That we've done a lot of thinking and hard

work to rationalize where we got, and make some

difficult tradeoffs to get here. So, I'm not saying

that I think there are opportunities for additional

mitigations.

MR. INCE: Q That was the point I was trying to get to,

is that I have been involved in four utilities and

three different regulatory jurisdictions, and I've

never been involved in a rate case in which the

applicant went in expecting to get all of it that they

asked for. Is BC Hydro expecting, in terms of the

rates it's asking for, to get that rate? Is it

essential to get that rate?

MR. WONG: A I would say yes. We put an application,

we didn’t -- in your case I'm going to paraphrase, but

pad the application in expectation there will be cuts.

We were very diligent about putting the numbers

together, really rationalizing. I mean Mr. Layton

talked about our budgeting process and how we did the

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top-down, keeping the application operating costs

increase below inflation, not funding everything

everyone wanted, because we wanted to come up with

what is we believe our best budget. And we want to be

here to defend our best budget, and I think any

reduction will be very difficult to manage.

MR. INCE: Q That was the point I was trying to get to.

So on Tuesday we talked about how BC Hydro spent money

based on prioritization and trying to get to a

justification in terms of those costs, but I'm going

to turn the coin around in terms of what happens if BC

Hydro does not get what it wants in terms of the

compromises and tradeoffs that it has to make? I've

never been involved in a regulatory proceeding which

the applicant got everything it wanted. There was

invariably reductions, in some sense.

So can I ask the panel members, and every

panel member, in terms of what will be the difficult

tradeoffs that you have to make, and the reduction in

service, safety, reputation of the metrics that we

talked about on Tuesday? So what will be those

reductions? What will be to the detriment of BC Hydro

as customers and perhaps the shareholder?

MR. WONG: A Maybe I will just start by saying that in

development of this, I think any reductions will be a

challenge and could impact the service metrics that we

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put because we've developed a budget to be able to

meet the services that require both for ratepayers and

for our shareholder.

Proceeding Time 8:43 p.m. T05

The actual determination of where we would

make changes, it's hard to conjecture right now

because, you know, we're going through a whole bunch

of discussions from many areas and we need to wait for

the Commission to opine on each particular area. And

so unless it was just a general cut, we needed to

actually take a look at where these determinations

would be.

I just want to caution the fact that, you

know, we had discussions yesterday about finance

charges as an example, where the current forecast of

finance charges are lower than what we had in the

application. But we shouldn't be looking at things

in isolation, we should be looking at it as a whole

because as an example there are areas where our load

forecast is higher than actuals, so there's offsets

against that.

And so we need to make sure that -- I would

recommend if you're going to make changes we make sure

that we get the whole picture looked at because what

we don't want to be doing is having rate reductions

for ratepayers in the test period but knowing that

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there's going to be higher costs coming in the future

that's going to bump up rates significantly forward.

And I'll maybe leave it to the other panel

members, they may some comments.

MR. INCE: Q I've got another follow-up question on it.

Mr. Wong, have you prepared internally within BC Hydro

a contingency plan in the event that you have to make

a cut, let's say half a percent across the board?

MR. WONG: A No, we have not.

MR. INCE: Q Okay. Have you identified a

prioritization in terms of not necessarily the costs,

but the areas that you would look at first in terms of

making cost reductions?

MR. WONG: A We haven't done that.

MR. INCE: Q Thank you.

MS. FRASER: A I'd just like to add, from a regulatory

perspective, we prepared this application with the

budget that we feel is necessary to run our business

and that's the approach we take in every revenue

requirements application, is to put forward a budget

that we feel is appropriate, that we feel that we can

provide evidence and show that it's the appropriate

budget, and that's the approach we take.

MR. LAYTON: A And maybe just speaking for the overall

budgeting perspective, I think we've talked a little

bit this week about how we're about nine and a half

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months into the year, and I think you've heard

evidence from a number of members that the budget this

year is very, very tight. There's no doubt that in

previous applications, we did -- and we've talked

about this, we had some unallocated funds that grew

over time. For example, when we repatriated

Accenture, that helped create an unallocated funds

amount in the previous fiscal years and that helped be

able to absorb increases in cost pressures that were

happening across our business.

As you know, in this application there's no

unallocated funds budget and therefore those two fact,

the fact that we are very, very tight in our budget

nine and a half months into the year, and that we have

no unallocated funds to deal with cost pressures,

again I think speaks to what Mr. Wong said, which we

would be that reductions in any case would be

impactful.

I also think, though, as Mr. Wong said,

what we would have to do in the case that they were

nonetheless ordered, is we have to read the decisions

and the feedback from the Commission in order to be

able to decide what reductions we might make.

MR. INCE: Q We talked on Tuesday about the overall

revenue requirement of BC Hydro being $5.3 billion of

which $780 million was OMA. And the discussion at

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that time was that it was very difficult to make

reductions within that narrow, or relatively narrow

sliver of costs. I thought I heard the testimony that

things like water rentals, the $712 million return to

the government -- sorry. How would you phrase the

$712 million, Mr. Wong?

MR. WONG: A The net income.

MR. INCE: Q Net income. So looking around that pie,

there weren't a lot of opportunities to make

reductions. Would you agree with that?

MR. WONG: A I'd say it's very challenging and that's

coming back to my original statement, is that we put

in a budget that truly reflects what BC Hydro needs to

spend in order to deliver the service to ratepayers.

MR. INCE: Q I didn't imply, as you said, that the

forecast was padded. But nonetheless, if there are

reductions that are required out of this process, can

you provide me with examples of how that would

deteriorate the behaviour -- or the service quality,

the reliability, the safety of BC Hydro?

Proceeding Time 8:47 a.m. T6

MR. WONG: A And I don't know if we -- what will

happen and where the changes will be made. I mean,

what we would have to do is get together, Chris would

have to bring us all together as an executive team,

determine where we rationalize our costs, what it will

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take to be able to do that and what further tradeoffs

we need to make in the organization. I think it would

be premature for us to say that, you know, this is

what the impact will be.

Suffice it to say is that, you know with

our operating costs, I think I mentioned earlier, we

are already forecasting to be over the budget that we

have within the application for this fiscal year and

we're doing everything we can to rationalize to make

sure we can meet that.

MR. INCE: Q Okay, thank you. Changing directions, Mr.

Layton, financial forecasting and modeling, what's the

turnaround time if BC Hydro has to make a financial

forecast? So a quick internal financial forecast such

as an exchange in long-term interest rates?

MR. LAYTON: A So, in our world "quick internal

financial forecasts" may be an oxymoron. They

typically are not quick and Mr. Ince will know, from

having worked with him in BC Hydro, he used to work in

load forecasts and that's one of many many many many

inputs from across our company that go into the

forecasts that will underlie an RRA or they will

underlie an evidentiary update. It takes months to

prepare that forecast from all the inputs that we take

and then we have to run them through our model, which

is our general model. We have to run finance charts

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models and then we have to through a process to review

all of that, obtain approvals and so on. So it's many

many months.

There are, though, Mr. Ince, as you'll

know, there are always back of the napkin type

calculations one can make. Some components are easier

than others to do that with. I'll use an example, an

easy example is were the return on equity to change

from $712 million to something else, we can model that

pretty quickly. That's just one number, it's not

driven off other this, it doesn't onward impact other

things generally.

Something like finance charges, something

like load, those things are much more difficult to

model and take much longer to model than some simple

things. So sometimes we can make simple

approximations, but to do the full process takes many

months.

MR. INCE: Q Thank you. So I'm going to be asking

questions regarding the load forecast I believe

shortly, and regarding BC Hydro's load forecasts you

mentioned that as a key input into your revenue

forecasting process?

MR. LAYTON: A Yes.

MR. INCE: Q And I assume that's one of the more

challenging ones in terms of all the dials and levers

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behind the load forecasts and the lead time required

to get those forecasts?

MR. LAYTON: A Yes, absolutely.

MR. INCE: Q So load forecasts typically are housed

within corporations within either the resource

planning group or the finance group, often the

treasury group. Is it possible that the load forecast

group, I mean just technically, could be housed within

the finance group of BC Hydro?

MR. LAYTON: A It's possible, sure. I think where

we've got it now within integrated planning, I think

it is a planning function and it resides therefore

with other planning functions and I think it, to me,

makes more sense there than it would in finance. It's

more in tune with the operations and what's happening

across our system. Financial forecasting, as the name

suggest, is mostly taking a bunch of inputs and then

putting the financial piece on it. This is more of, I

think, more tied to the overall operation of our

system and therefore arising -- sorry, therefore

residing within our integrated planning group makes

sense to me.

MR. WONG: A I also think that Chris was very

thoughtful when he developed -- he talked a lot about

the land, build, operate, support, all of that he's

implemented at BC Hydro and putting revenue

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forecasting into the planning group, which is very

much a planning function which supports the planning,

incorporating that together was something that I think

he was very deliberate about.

I think Ms. Daschuk can talk a lot more

about having the full group together, as well, in her

panel.

MR. INCE: Q Thank you. There has been criticism, the

load forecasts within corporations, they are run by

engineers for engineers and that is the load forecast

supports the building activity aspirations of the

people who are actually doing the load forecast. And

moving the load forecast out of resource planning

group could potentially alleviate some of those

concerns? Or should I ask that question at a later

panel?

Proceeding Time 8:52 a.m. T07

MR. WONG: A I think you should defer it to the next

panel.

MR. INCE: Q Would having a load forecast group within

the finance group speed turnaround time in terms of

direct interaction?

MR. LAYTON: A I don’t think so. I think we work very

collaborative and productively with that team, so I

don’t think having them reporting to us would change

very much.

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MR. WONG: A I should also, I mean, just reflecting

back on Chris' comments about how moving away from

lines of businesses to creating the one BC Hydro model

that we have now, really supports the further

collaboration or the collaboration across the company.

And just a personal reflection of how we work on the

executive team. We meet weekly, we bring all the

issues on the table, we are having the dialogue and

the tradeoffs. And so the point of this model is to

prevent the siloing and to encourage us to have those

conversations so we can tackle the issues across the

company. And so the load forecast people know it's a

key input to the forecast. They know they need to get

it in time, and we get a better appreciation for what

the challenges are. And so I think it's a very

cohesive model that we have now.

MR. INCE: Q The finance group, though, typically on a

short term has to make adjustments to the load

forecasts when it gets better information in respect

to, let's say an industrial customer going down or

ramping up unexpectedly or a weather event. So, Mr.

Layton, if you had insights as far as an El Nino or La

Nina, that the load forecast takes perhaps months or

weeks to retool, you would make those changes for the

near term, is that correct?

MR. LAYTON: A No, the load forecast team will

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sometimes make adjustments throughout the year when

they see things like that happen, and I think of the

Howe Sound Pulp and Paper a couple years ago, when

that suddenly went down. It's the load forecast team

that obtains that information and considers what the

impacts are, and then they collaborate with us.

Again, as Mr. Wong said, I think it's fairly cohesive.

I think we are able to pivot on those kinds of things

so that we're aware of the kinds of changes we might

be seeing.

But as you'll know, Mr. Ince, the running

of a full load forecast is quite an exercise, whether

it is in finance or somewhere else. And I think while

changes do happen from time to time, a full load

forecast is a very full-on exercise that takes many

months.

MR. INCE: Q So your testimony is that the load

forecast is well integrated within the corporation and

serves the finance function well?

MR. LAYTON: A Yes, absolutely.

MR. INCE: Q Those are my questions. Thank you for

your responsive answers.

THE CHAIRPERSON: Thank you, Mr. Ince.

Ms. Gjoshe?

MS. GJOSHE: Q Good morning Mr. Chair, panel members.

THE CHAIRPERSON: Good morning.

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CROSS-EXAMINATION BY MS. GJOSHE:

MS. GJOSHE: Q Good morning BC Hydro panel.

I will start with taking us to Exhibit B-

28. It's BC Hydro's rebuttal evidence to AMPC.

Appendix A refers to BC Hydro's electricity rate

comparison annual report number 12, which is provided

as Attachment B. In there, there is a reference that

is made that says,

"The report adheres to the Province of B.C.'s

rate comparison regulation…"

And then it's called Ministerial order number N167.

MS. FRASER: A Correct.

MS. GJOSHE: Q Yes. So, I believe this line of

questioning initially is for Mr. Wong, but please feel

free to answer if anyone feels that the question

should be answered by them.

So the report consists of information taken

from the BC Hydro Quebec rate survey report titled,

"Comparison of electricity prices in major North

American cities."

MS. FRASER: A Correct.

MS. GJOSHE: Q In all of the tables, but if you wanted

a particular table as a reference, there is a note to

the tables. You may want to go to table 9 for

example, and it says that,

"Bill calculations exclude taxes and levies, and

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include deferral account rate rider."

MS. FRASER: A Correct.

Proceeding Time 8:56 a.m. T08

MS. GJOSHE: Q I was wondering if you could shed some

light, Mr. Wong, as to whether the thought behind

excluding the taxes in the calculation is a

requirement of that particular Ministerial order or

how that Ministerial order is interpreted?

MS. FRASER: A My understanding is that it's not a

requirement of the Ministerial order, it is the way

that we do the calculations on it.

MS. GJOSHE: Q Yes. And would that -- thanks, Janet,

for that answer. And would that -- or Ms. Fraser. Is

that how BC Hydro interprets it or is it perhaps a

component of how Hydro Quebec itself conducts the

study?

INFORMATION REQUEST

MS. FRASER: A I believe it's a component of how Hydro

Quebec conducts the study, but I can check that for

you.

MS. GJOSHE: Q Mm-hmm. Okay, thank you, that would be

great.

For a moment here I'm going to put on an

economist's hat. It's not a commentary on the

Ministerial order or the interpretation of it. But

say you have an economist sitting somewhere in the

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Ministry of Finance and they look at the

attractiveness of certain jurisdictions in terms of

their ability to attract new business, and I would

presume that a lot of the customers, perhaps those

clients or say large industrial customers or even

commercial customers that make their decisions about,

say, locating to B.C. versus other jurisdictions, is

it fair to say that they would experience their

experience of rates including taxes?

MS. FRASER: A So I'm understanding your question to be

if customers were thinking about locating in the

province they would consider taxes in their decisions?

MS. GJOSHE: Q Yes.

MS. FRASER: A Yes.

MS. GJOSHE: Q So is that a consideration in their

decision making, to either locating or relocating to

B.C. versus other North American jurisdictions?

MS. FRASER: A I can't comment specifically on what

someone else would consider, but I'm assuming that,

you know, customers when they consider locating in the

province look at a number of different factors,

including electricity rates, including all sorts of

taxes and incentives available, and they would do a

fulsome economic analysis of their own when they are

making decisions.

MS. GJOSHE: Q Okay. As a residential customer I

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receive a bill from BC Hydro bimonthly and there is a

GST component to the bill and there is a provincial

tax component to the bill. I presume that's the case

for commercial and industrial customers as well?

MS. FRASER: A Yes.

MS. GJOSHE: Q So it's fair to say that the taxes

collected by the ratepayer -- by BC Hydro on behalf of

the ratepayer --

MR. LAYTON: A Sorry, Ms. Gjoshe, just one

clarification if I may? The government has removed

PST from electricity bills. So the GST will appear

but not the PST.

THE CHAIRPERSON: For clarity, from all customers'

bills, correct?

MR. LAYTON: A Yes.

THE CHAIRPERSON: All classes.

MS. GJOSHE: Q And that's the same across all customer

classes.

MR. LAYTON: A I'm quite sure of that, yes.

MS. GJOSHE: Q Thank you for that clarification. I was

unaware of that. But that's specific to the

electricity bills, right? To the industry as opposed

to other industrial activities in the province?

MR. LAYTON: A Yes.

MS. GJOSHE: Q Yes. So thank you for that, Mr. Layton,

yes.

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That aside, it's fair to presume that how

the experience is felt from the customers and how they

deem a jurisdiction to fair in terms of their ability

to locate or relocate to B.C. would include the tax

component.

MS. FRASER: A Yes. As I said before, customers would

look at a number of different factors including taxes

in the jurisdiction that they're looking at.

MS. GJOSHE: Q Thank you for that. So I'll take us now

to two different offshoots, if I may to this question.

One concerns the load forecasting efforts, but in

relation to this benchmarking study, and the other one

concerns the performance metrics in relation to this

benchmarking study.

Proceeding Time 9:01 a.m. T9

So, I'll start with the load forecasting

component first. So, as that is a consideration in

B.C. deciding to look -- in B.C. companies or

potential companies deciding to locate or relocate to

B.C., as I mean as tax plus rates, I presume that that

would be a factor in how the load forecast

expectations are built, particularly with regard to

new account formation.

MS. FRASER: A So I think that that would probably be

best asked of the load forecast that's up in the next

panel and I think they'll be able to provide you

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information on how they factor in new opportunities.

MS. GJOSHE: Q Absolutely, and I'm willing to park it

there. Just in so far as to say that is there a

general agreement that it will inform new account

formation estimations?

MS. FRASER: A Well, the load forecast team works with

the key account managers in customer service to

understand different opportunities and then how they

factor that in is probably best asked of that group.

MS. GJOSHE: Q I will, I will do so. But just a final

comment on that note, if I may, while we're here with

this panel. So the competitive ranking of BC Hydro as

compared to other North American jurisdictions, if

there is any potential of a confidence in that as a

result of the tax picture being excluded from that

ranking that would impact our assessment of new

account formation, no?

MS. FRASER: A I don't believe so.

MS. GJOSHE: Q Okay, so I'll park it there. Now, I'll

take us to the implications of that question for the

performance part of the -- the role that the

benchmarking study plays in the performance review and

the performance measures. Exhibit B-1, pdf page 70,

but actual page number is page 1-9, line 12. And this

line of questioning relates to that note that I quoted

earlier that accompanies the tables that says, "Bill

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calculations exclude taxes and levies but include

deferral account rate riders." And so this is with

regard to that component of the notes that says, bill

calculations include deferral account rate riders.

MS. FRASER: A While they're getting prepared to answer

the question on the deferral rate rider, I'm just

reading our annual report to the Minster, and it's the

Hydro Quebec report that excludes taxes and non-

utility levies, and so therefore that's why it's

excluded in our report to the Minister.

MS. GJOSHE: Q I appreciate that, thank you, yes.

So, to follow with Exhibit B-1, page 1-9,

line 12, I will quote, I will read from that.

"The following provides a summary of the actions

that the Government of B.C. and BC Hydro are

taking to keep rates affordable. Further on

line 15 it describes the first measure as

writing off 1.1 billion deferral account

balance. The write-off of the rate smoothing

regulator account contributes to a reduction in

BC Hydro's forecast overall regulatory account

balance at the end of Fiscal 2019 by 24 percent,

from 4.7 billion to 3.6 billion. Lowering the

overall regulator account balance means lowering

the amount that would otherwise be recovered

from ratepayers, reducing pressure on rates."

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Is it fair to say that this is largely a

government action?

MR. LAYTON: A It is fair, that came out of the

comprehensive review phase 1. Obviously we

contributed as part of that review, but that was

ultimately a government decision and the impact of

that decision was therefore felt by the shareholder as

government and in essence that write-off, what it

meant was, that's $1.1 billion that we will not

recover from our customers in the future. Instead,

that's borne by the shareholder, first in form of

lower net income last year. We actually had a net

loss last year as a result of that write-off and what

that means is that that contributes to government's

overall budget, surplus or deficit, as opposed to

being recovered from ratepayers in the future.

Proceeding Time 9:06 a.m. T10

MS. GJOSHE: Q Thank you for that, Mr. Layton.

Notwithstanding the merits of it, is it fair to say

that it contributes to BC Hydro achieving top quartile

rankings in the benchmarking efforts study?

MR. LAYTON: A Yes, I think that and many other factors

that contribute to overall budgets and rates, but

absolutely it's fair to say that having lower rates

that was enabled in part by this write-off absolutely

contributes to our place in the survey, yes.

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MS. GJOSHE: Q Thank you for that. So just a question,

you may choose to answer it or not, has BC Hydro done

a sensitivity analysis as to what that ranking,

comparative ranking would be if the 1.1 billion that

was written off were to be added to the rate impact

calculation, say, in year 1 of the test period?

MR. LAYTON: A We have not.

MS. GJOSHE: Q Would BC Hydro be willing to do that?

MR. LAYTON: A I think that's quite a lot of work

because you have to -- if the question is just to add

$1.1 billion to the revenue requirement using some

framework over the next five years, I think we can do

something like that. But to -- if the suggestion is

go back and sort of create a revenue requirement as if

the write-off hadn't happened, that's a very high

amount of work to do.

MS. GJOSHE: Q Absolutely. And I completely agree with

that. The only reason why I'm raising that question

as to, say, a sensitivity analysis, is because it does

inform your performance metrics. If I'm not mistaken,

during the Panel 2 questioning yesterday Mr. Wong

alluded to that being part of the service plan, the

performance metric, and a relative ranking of BC Hydro

as compared to other jurisdictions.

And so you have a relative ranking that's

derived in large part from a combination of both BC

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Hydro and government action and I'm wondering as to

whether if you can add that into the calculation, the

government component contribution to it, then perhaps

you'd have a more fair representation of BC Hydro

performance as it concerns that benchmarking study.

MR. LAYTON: A Well, I think one can always engage in

hypotheticals, but the write-off is one component of a

revenue requirement. The other entities in there,

jurisdictions have all sorts of things going on,

whether driven by governments, whether driven by

themselves, I think all we can do is look at the

actual bills that customers are actually experiencing

and that's what that study seeks to do. And so I

think for us there relevant hypothetical is the actual

bills that customers are facing.

I think trying to do other hypotheticals is

probably a lot of work and I'm not frankly sure for

how much utility.

MS. GJOSHE: Q And I'm not a partisan of that, but to

the degree that, say, if as a result of the inclusion

of that 1.1 billion write-off you -- let's say

hypothetically BC Hydro would no longer be in the top

quartile, would that impact your performance review

and, therefore, your -- and there was lots of

discussion yesterday about holdback, and bonuses, and

this and that, would that impact the performance

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review and how BC Hydro views its own efforts?

MS. FRASER: A I think some information just before

perhaps Mr. Wong answers that question, is that in

prior years we have been the first quartile and those

prior years included the rate smoothing without the

write-offs. So we have been consistently over a

number of years been in the first quartile with or

without the rate smoothing write-off.

MS. GJOSHE: Q Thank you for that. I will leave it at

that, I just wanted to --

THE CHAIRPERSON: May I? Ms. Fraser, the rate

smoothing, historically the way that's been working is

that that's been keeping rates lower, whereas I think

in this scenario I think what Ms. Gjoshe's talking

about is the review being a scenario where you would

be amortizing the rate smoothing account, am I correct

there?

MS. FRASER: A Right.

THE CHAIRPERSON: That may not be a correct assumption,

but --

MR. LAYTON: A I think that's fair, yes.

THE CHAIRPERSON: Yeah. So the result might well be

different in a scenario where you're amortizing it in

a scenario where you're, you know, building it up and

keeping rates down.

MS. FRASER: A Right.

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THE CHAIRPERSON: I just want to point that out.

MR. LAYTON: A If the rate smoothing regulatory account

had not been written off, then we would be recovering

it between now and Fiscal '24 and that would result in

higher rates then otherwise would be the case.

THE CHAIRPERSON: Exactly. Exactly, yeah.

MR. LAYTON: A And in those future years it would

result -- all else equal and higher bills than would

otherwise be the case, that I think would be reflected

in our ranking in future studies as that amount is

recovered in rates.

THE CHAIRPERSON: Right. So the calculation that's

being asked for would be to take the amortized amount

over four years and simply add that to the rates.

That doesn't -- I mean whether you do it or not,

that's up to you and Ms. Gjoshe, but it just doesn't

sound that complicated to me.

MR. LAYTON: A Yeah. And if it's -- as I mentioned, if

it's simply taking that and making a base assumption

on when we would recover it, we can do that. I think

if the request is just to add that to the forecast we

have in the evidentiary update and show what would

rates be, I think that is indeed relatively straight

forward. Yes.

THE CHAIRPERSON: I'll just leave it at that.

MR. LAYTON: A Sure, thank you.

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COMMISSIONER FUNG: If I can just follow up on one

aspect of what you just said. Ms. Gjoshe referred to

the connection between your rankings and the eservice

plan targets. So what I want to understand is is your

ranking relevant to whether or not an individual

executive or director meets a service plan targets, in

the sense that it affects their compensation or

holdback?

Proceeding Time 9:12 a.m. T11

MS. FRASER: A It does.

MR. WONG: A The service plan has several metrics, one

being the ranking on the Hydro Quebec study. So the

result of that will have an impact on the variable

component payout for sure, that they didn’t find the

percentages. So yes.

COMMISSIONER FUNG: So that is part of your corporate

scorecard?

MR. WONG: A That is part of the corporate scorecard,

yes.

COMMISSIONER FUNG: Thank you.

MR. WONG: A I think I just want to reflect, Ms.

Gjoshe, on your request. Is that -- I mean, as part

of the comprehensive review, phase 1, and the whole

affordability, the province was deliberate of the

writing off of the $1.1 billion in rate smoothing.

Not to impact ratepayers, and --

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MS. GJOSHE: Q I wasn’t disputing the merits of the

decision. I did say notwithstanding the merits of the

decision.

MR. WONG: A I understood, but the point being is that

through that process, that is resulting in -- and this

is a future impact, as Mr. Layton says, not the past

impact related to this Hydro Quebec study. But that

is the reason why -- and part of the reasons why we

are having keeping rates low. And that benefit to the

ratepayers.

And so I'm just pointing out that I'm not

sure there is a lot of value in recalculating these

out, and just -- we are calculating them based on what

ratepayers need to pay.

MS. GJOSHE: Q I believe the discussion between Mr.

Layton and the panel chair perhaps led me to believe

that Mr. Layton you may deliver that calculation or --

MR. LAYTON: A Well as I said, we certainly can do

that. I think Mr. Wong is just pointing out there may

not be a lot of utility in so doing, but I think we

can do that, yes.

MS. GJOSHE: Q As I said -- and we can leave it at

that. The only reason I was interested in it is

because the benchmarking study forms part of your

corporate scorecard, which in turn informs your

performance reviews, which in turn reforms your

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performance payouts. So I am happy to leave it at

that, as long as you understand where I am trying to

go with that question.

MR. LAYTON: A I do, thank you.

MS. GJOSHE: Q Thank you. One more, since we are on

this benchmarking topic, just one more question. In

the first particularly two days of hearing, there was

some discussion about how difficult it is to

benchmark. Particularly in this industry, largely

related to the different sizes of various utilities,

different ages of assets, different footprints,

geographical footprints. Different perhaps

operations. So it's very difficult to benchmark.

I just have a general question with regard

to -- there was an IR that I asked in round 1 and just

summarized the sustaining capital expenditures over

the last 20 years, and I was just thinking about that

and said, well maybe could you for some of these

comparisons that have to do with benchmarking, could

you use sustainment capital and operational

expenditures a proxy for comparison between the

utilities? And this is a general question, Mr. Wong,

feel free to weigh in. But is that, say if I were to

compare the size of some spending here with -- can I

use the DSM? Would that be a fair comparison to use

the -- I'm sorry, sustainment expenditure as a proxy

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for comparisons?

MR. WONG: A I'll have to think about that, because we

have to consider the age of the equipment of other

utilities, the types of equipment of other utilities.

So, sustainment capital in itself is not necessarily

consistent amongst all types of utilities. So, it's

just something I will have to go back and think about.

MS. GJOSHE: Q When the entirety of say capital and

operational sustainment expenditures reflect the age

of the assets or the expected age of the assets?

MR. WONG: A Well, certainly the capital expenditures

reflect the state of the assets, and age is a big

component of that.

MS. GJOSHE: Q Thank you for that. I have a few more

questions related to that, but I will reserve them for

the DSM panel.

I will move on to a different topic, and

this is my final question for the day. And this is

for Mr. Morison. Good morning, sir.

In your testimony yesterday, there was some

discussion about the base at which that particular --

the IT side of the organization has grown. It's fair

to say that it's outpaced a number of other areas

within the organization in terms of growth?

Proceeding Time 9:16 a.m. T12

MR. MORISON: A I'm not sure I agree with that. I

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think in terms of our operating expenditures they've

only increased effectively over the last few years

around the labour cost increases. Our head count has

increased because of the workforce optimization

program over the last four years.

MS. GJOSHE: Q Yeah, and I wasn't trying to get to

that. I just mean strategically down the road, the

way you see this part of the organization. There's

room for lots of potential growth there.

MR. MORISON: A Well, I think it's true, we certainly

have some pressures coming from growth in cyber

security. We have a larger digital footprint. So I

think there is an increasing need to, you know, expand

our capabilities to meet those needs.

MS. GJOSHE: Q I'd like to take you to a component of

your business that is one of these growth areas that,

as you mentioned yesterday, are coming at you fast.

And that's appreciable. It has to do with something

that might be facilitated related to the smart

metering infrastructure. There is a data analytics

component to the smart metering infrastructure and so

the completion or the largely completion of that

project might bring in the future the ability to do a

lot more with that component of the business. I'm not

trying to quantify either the timing or the magnitude

of it. But do you see any room in there, in that data

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analytics function to perhaps provide in the future,

if not in the test period, some connection or loop

back to the load forecasting functions of the

organization?

MR. MORISON: A Yeah, I think that's absolutely true.

The recent smart metering infrastructure audit that we

had, one of the findings of that audit was that we

should make data more available to the business units

and try to exploit that data more fully in the

company. We're currently developing a smart meter

strategy which will lay out the various opportunities

within the business to exploit that data for a variety

of purposes, and you could further refer that to Ms.

Daschuk on the capital panel. She is now currently

the executive sponsor to the smart metering program

and is the owner of that strategy.

MS. GJOSHE: Q Thank you so much. I appreciate that.

These are my questions, thank you.

THE CHAIRPERSON: Thank you, Ms. Gjoshe.

Mr. Miller, before you begin, I just would

like to advise you, I'd like to try to schedule a

break roughly 9:45-ish. So if you could let me know

when's a good time.

MR. MILLER: That was going to be one of my questions,

when did you want a break. So I'll target 9:45.

THE CHAIRPERSON: Thank you.

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MR. MILLER: Staff was going to hand out another exhibit

aid. All the documents in this exhibit aid are from

the application with the exception of -- there will be

three documents and I'll flag them when we get to

them, and we'll mark them.

THE CHAIRPERSON: Thank you.

CROSS-EXAMINATION BY MR. MILLER:

MR. MILLER: Q Good morning, Panel. My first set of

questions deal with labour costs and I assume these

questions will be answered by Ms. Fraser and Ms. Ryan.

So if we go to the first document in the

exhibit aid, it's page 522 from the application. In

lines 9 through 14 of page 1 BC Hydro states that it

considers management and professional compensation

increases to be a priority akin to non-controllable

costs given how BC Hydro employee compensation

compares to median market. BC Hydro also states it

has limited ability to increase management and

professional salaries since 2012 due to the public

sector employees council prior salary freeze, correct?

Proceeding Time 9:21 a.m. T13

MS. FRASER: A Correct.

MR. MILLER: Q And now if we turn to page 2 of the

exhibit aid, this is a response to BCUC IR 42.5 -- and

this is actually, sorry, page 3 of the exhibit aid,

the IR starts on page 2. There's a table set out and

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it provides the actual management and professional

salary increase each year between 2012 and 2019,

correct?

MS. FRASER: A Correct.

MR. MILLER: Q And so generally what the table shows is

management and professional salary increases as

percentage are less than the union salary increases,

correct?

MS. RYAN: A That's correct.

MR. MILLER: Q And if we go page 4 of the witness aid,

this is a response to BCUC IR 42.6. In the last

paragraph on that page BC Hydro states that:

"Public Sector Employers' Council sets policies

for exempt compensation in the B.C. public

sector. For example, from 2012 to 2018 their

manager salary freeze policy limited salary

increases between 0 and 2 percent per year…"

Correct?

MS. RYAN: A That's what it says, yes.

MR. MILLER: Q So I have a question then. Is it

correct that the upper limit on the manager's salary

freeze from 2012 to 2018 was 2 percent or was 2

percent the average? I'm trying to figure out what

the numbers actually represent.

MS. RYAN: A Sure. The first few years of the PSEC

salary limitation policy was 0 percent increases for

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management and professional, and then beginning in

Fiscal '16 there was an allowance for between 0 and 2

percent for some management and professional

employees, there were some exemptions. And then again

in Fiscal '17, '18 and '19 it was a maximum of 2

percent increase per individual.

MR. MILLER: Q So no individual employee could get

greater than a 2 percent increase.

MS. RYAN: A Up until -- yeah, during that time, yes.

MR. MILLER: Q Okay, great.

THE CHAIRPERSON: Per year?

MS. RYAN: A Per year, that's correct.

THE CHAIRPERSON: But you said -- the last gap that you

said, '17, '18 and '19 I think that was it, right?

You said no one could get greater than 2 percent.

That's 2 percent per each of those three years,

correct?

MS. RYAN: A No, 2 percent per year maximum for that

individual.

THE CHAIRPERSON: For each of those three years?

MS. RYAN: A Yes. Yes, maximum.

THE CHAIRPERSON: Thank you.

COMMISSIONER LOCKHART: What's the difference between 2

percent and maximum and 0 to 2 percent for the earlier

years?

MS. RYAN: A In the earlier years there was 0 percent

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possible.

THE CHAIRPERSON: But then 2016 you said 0 to 2

percent. So what's the difference between 0 to 2 -- I

think --

MS. RYAN: A Sorry, it's the same thing, 0 to 2 or 2

percent max is the same thing. Yes, sorry.

COMMISSIONER LOCKHART: Okay.

MS. FRASER: A I think just to clarify that it's always

dependent on the person's performance during the year.

MR. MILLER: Q If we can turn to page 6 of the witness

aid, this is page 5-23 of the application and there's

a table set out, Table 5-5. And under "Labour Costs"

in the middle of the description there's a comment

made and it states:

"The cost increase for this test period includes

a 2.0 percent general wage increase for union

employees and a 2.5 percent general wage

increase for Management and Professional

employees. Since 2012, due to the Public Sector

Employers' Council salary freeze, salary

increases for Management and Professional

employees have been limited and below the amount

provided to unionized employees over the same

period."

Correct?

MS. RYAN: A Correct.

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MR. MILLER: Q So the question then is, in light of

that explanation is the proposed 2.5 percent

management and professional employee wage increase for

2020 and 2021 test period been set higher than the

union 2 percent limit as a sort of catch up because

they've been behind in prior years?

Proceeding Time 9:26 a.m. T14

MS. RYAN: A Yes, that's correct. We're in a little

bit of a catch up period and we are trying to stay

consistent with market increases which, according to

the Conference Board of Canada, are anticipated to be

2.6 percent. So in order to keep our rates

competitive to attract and retain the employees that

we need at BC Hydro in the management/professional job

categories, we don't want to fall further behind. So

there is a little bit of catch up there.

MR. MILLER: Q So I wanted to talk a bit about what's

been referred to as the holdback as part of certain

individual's compensation. So when talk about the

holdback, is the 2.5 percent for

management/professional, does that include the

holdback or does that exclude the holdback? In other

words, is the holdback an additional amount that can

be earned on top of the 2.5 percent?

MS. RYAN: A Yes, the 2.5 percent proposed increase in

the budget for management and professional salaries

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includes the amounts needed for the corresponding

holdback.

MR. MILLER: Q So if there's a cap at 2.5 percent and

it includes the holdback amount, if all the targets

aren't met then the actual wage increase paid may be

less than 2.5 percent. Is that correct?

MS. RYAN: A We have set the budget anticipating target

rates of .75 or so. But it's all inclusive.

MR. MILLER: Q And the 2 percent for union and 2.5

percent proposed increase for management/professional,

that's for both 2020 and 2021, correct?

MS. RYAN: A That's correct.

MR. MILLER: Q Would you turn to page 8 of the witness

aid.

COMMISSIONER FUNG: Actually, Mr. Miller, are you

moving off this issue?

MR. MILLER: No.

COMMISSIONER FUNG: Okay, thank you.

MR. MILLER: Q On page 8 of the witness aid, in line 7

BC Hydro makes the comment that your total

compensation package is designed to attract and retain

qualified employees, correct?

MS. RYAN: A Correct.

MR. MILLER: Q And on the same page of the witness aid,

in lines 15 through 17, this is referring to the

Morneau Shepell assessment or report. It says:

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"After factoring-in the value of pension

benefits and time off programs, BC Hydro's

compensation package is comparable, at 2

percent below median market rates."

Correct?

MS. RYAN: A That's correct.

MR. MILLER: Q So will the 2 percent general wage

increase for union employees for each of 2020 and 2021

place those employees at the median market rate?

Where will they be placed?

MS. RYAN: A They would -- the market comparison for

our unionized employees is increasing by 2 percent as

well, so I would expect that they would remain overall

2 percent below the median market.

Proceeding Time 9:32 a.m. T15

MR. MILLER: Q Okay, and what about the 2.5 percent,

same question for the management/professional

employees. Where would that place them relative to

the median and 2020 and 2021?

MS. RYAN: A The median market increases that the

Conference Board of Canada has predicted is 2.6

percent. So, I would expect that we would again

remain in a similarly consistent position against the

market.

THE CHAIRPERSON: Sorry, can I just ask a follow up

question?

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MS. RYAN: A Sure.

THE CHAIRPERSON: But I think you just said, and please

correct me if I am wrong, but I think you just said

that the actual professional increase is expected to

be, I think you said, .75, not 2. Did I hear that

correct?

MS. RYAN: A Sorry, I don’t think I said .75. The

market increase is 2.6 percent?

THE CHAIRPERSON: But within Hydro.

MS. RYAN: A Within Hydro --

THE CHAIRPERSON: Your actuals you said.

MS. FRASER: A Oh, I think what Ms. Ryan said was we

have budgeted 2.5 percent increase and that is based

on the performance levels of .75.

MS. RYAN: A That's for the holdback.

THE CHAIRPERSON: Sorry, so I am a little confused

about what all of this is.

MS. FRASER: A Our accountants are helping us.

THE CHAIRPERSON: That's good to hear.

MR. MILLER: Q So are you going to provide a further

explanation to the Chair?

MS. RYAN: A Yes, sorry. When I referenced the .75, on

average, with respect to the holdback, employees

receive awards that are about 75 percent of the

maximum award. So that's specific to the holdback.

So that is encompassed, that expectation is

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encompassed within the 2.5 percent budget.

THE CHAIRPERSON: Okay, but overall you are expecting

to pay out the budgeted increase to your professional

workers, is that --

MS. RYAN: A That's correct, yes.

THE CHAIRPERSON: Okay.

MR. MILLER: Q So let me just follow up on that then.

So let's assume BC Hydro had an excellent year and

made all of its targets, then the wage increase might

be slightly higher than the 2.5 percent?

MR. LAYTON: A I think that would mean in that

instance, the actual holdback payouts would be higher

than planned?

MR. MILLER: Q That's right.

MR. LAYTON: A Yes.

MR. MILLER: Q So that would mean the 2.5 percent would

actually be slightly -- something, a number slightly

higher than the 2.5 percent?

MR. LAYTON: A I actually don’t think that's what it

means. I think the 2.5 percent, if that were awarded

to an individual, that would be the maximum increase

they could achieve. The holdback is calculated

encompassing that increase if -- and therefore, and we

budget three-quarters, 75 percent payout on the

holdback. And so in other words, if you are awarded

2.5 percent, but we didn’t achieve all of our goals,

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the actual payout of our holdback is less, you're

actually a net. Would it receive less than 2.5

percent is the way I believe that it works.

MR. MILLER: Q Okay.

MS. RYAN: A And for clarity though, the 2.5 percent

relates to the budget increase. There isn’t a limit

on a 2.5 percent for an individual.

MR. MILLER: Q Okay.

COMMISSIONER LOCKHART: Mr. Miller, sorry, I have two

more questions. So, yesterday I think we established

that the holdback only applies to one percent of BC

Hydro employees?

MS. RYAN: A That's correct.

COMMISSIONER LOCKHART: And the 75 percent that you

referenced, does that respond to my question at the

end of yesterday that you're going to follow up, in

terms of the 1.4 million budgeted for payout in

holdback, is it in fact 75 percent that was paid out

in F2019? I think that was something you were going

to follow up on?

MS. RYAN: A Yes, we have that undertaking, and we are

just not complete on it.

COMMISSIONER LOCKHART: I see, okay.

MR. GHIKAS: Yeah, we will be filing, we are working on

that in the background, and so we will be providing --

the specific question that was left as I understand

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it, Commissioner Lockhart, was how much was actually

paid out in Fiscal 2019. We will provide that, I

think what this is making clear to me is that there is

some confusion around this. So I think it might be of

assistance if we provided in addition to the amount

that -- the budgeted amount I guess, and what that

amount would have been had everybody received 100

percent of their holdback pay at all times. And then

it sounds like it would be of assistance to explain

the 75 percent, the .75, and so maybe we can just try

to put some of that information and lay it out in a

way that everybody will understand.

INFORMATION REQUEST

THE CHAIRPERSON: Thank you, that will be very helpful.

Thank you Mr. Ghikas.

COMMISSIONER FUNG: And perhaps one other request. If

you can confirm that the 2.5 percent is the maximum

that any individual employee would get by way of an

increase?

MS. RYAN: A That is not correct. 2.5 percent is the

budget. An individual can receive increases based on

a performance matrix.

COMMISSIONER FUNG: Which can be more than 2.5 percent?

MS. RYAN: A The PSEC limitation -- or the PSEC policy

going forward is a maximum of 10 percent, is what an

individual could receive. That's the maximum. Very

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few people, according to our performance matrix, would

be eligible for that. Our matrix is intended to

reward higher performers, and those who are lower in

their salary range.

COMMISSIONER FUNG: When did this change in policy

become effective?

Proceeding Time 9:38 a.m. T16

MS. RYAN: A September 1st of 2018 is when the PSEC

relaxed.

COMMISSIONER FUNG: Okay, thank you.

MR. MILLER: Q A couple more questions on this topic.

On page 8 of the handout, again a reference to page 5-

47 of the application, lines 7 through 11, BC Hydro

makes the point that,

"A low turnover rate is important because some

of the skillsets required by BC Hydro are

specialized, and the complexity of our assets

and operations required an experienced

workforce. These skills and experience are

difficult to find in the market and require

significant time and costs to develop."

But down the bottom of the page, in line

19, you make the point that your voluntary turnover

rate is 1.3 percent, which is below the 3.8 percent

average for the power utilities industry as reported

by the Conference Board of Canada, correct?

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MS. RYAN: A Yes, that's correct.

MR. MILLER: Q So your voluntary turnover rate is one-

third of the average, correct?

MS. RYAN: A That's correct.

MR. MILLER: Q And I believe yesterday you made the

point that some employees are delaying retirement

eligibility dates by four to five years, correct?

MS. RYAN: A Some are, yes.

MR. MILLER: Q And retirement rates are not included as

part of the voluntary turnover rates, correct?

MS. RYAN: A That's correct.

MR. MILLER: Q And I think you also said, but I may be

wrong, that at least for some apprentice positions you

had a hundred applicants for each position.

MS. RYAN: A That's correct.

MR. MILLER: Q So you don't seem to be having any

trouble in attracting and retaining employees at the

current level, do you agree? Your current salary

levels, compensation levels?

MS. RYAN: A We are very pleased with our low turnover

rates and we work very hard to maintain those. We do

also have non-voluntary turnover and retirement. So

it's about 5 percent. You know, hundreds of

employees each year are leaving. That figure is just

the voluntary turnover rate.

MR. MILLER: Q So the non-voluntary retirement, how

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does your -- I think you said 5 percent compare to

your industry peers?

MS. RYAN: A I don't have that data handy in terms of

the other non-voluntary or retirements, how that

compares.

MR. MILLER: Commissioner Morton, I'm about to move onto

a new topic and I note it's -- it's not 9:45 but it's

close. Would you prefer to break right now?

THE CHAIRPERSON: Yes, please, Mr. Miller.

MR. MILLER: And when will we recommence?

THE CHAIRPERSON: We'll come back at five to.

MR. MILLER: Thank you.

THE CHAIRPERSON: Thank you.

(PROCEEDINGS ADJOURNED AT 9:43 A.M.)

(PROCEEDINGS RESUMED AT 9:58 A.M.) T17/18

THE CHAIRPERSON: Please be seated, sorry about that.

Thank you.

Mr. Miller, please go ahead.

MR. MILLER: Thank you, Commissioner Morton.

MR. MILLER: Q I'd like now to move on to the topic of

the WorkSmart program.

COMMISSIONER LOCKHART: Sorry, Mr. Miller. Mr. Miller,

at the risk of interrupting, just to clarify one more

thing regarding before the break. The 5 percent of

employees, is that a combination of non-voluntary

dismissal and retirements or is that just non-

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voluntary dismissal?

MS. RYAN: A So, in BCUC IR 1.6213.3 we outline the

voluntary, non-voluntary and retirement. So for

Fiscal '19, yes, if you add up the 1.9 voluntary, the

1.1 voluntary [sic] and the 2 for retirement that's

about 5 percent.

COMMISSIONER LOCKHART: I see, okay. Thank you.

MR. MILLER: Q Mr. Layton, I believe the next question

is for you. I just want to confirm some of your

testimony from yesterday. Now, with respect to the

cumulative capacity hours gained as a result of the

WorkSmart program, is it correct that at the end of

2019 the total hours gained was just over a hundred

thousand, 100,973?

MR. LAYTON: A That's correct.

MR. MILLER: Q And if you turn to page 10 of the

witness aid, this is a response to BCUC IR 2.223.9.

In the bottom of the first paragraph of the response

it says,

"This capacity is used to manage increases in

work load and work complexity, as well as

enabling employees to focus on the highest value

work."

Correct?

MR. LAYTON: A That's correct, yes.

MR. MILLER: Q So can you explain to the panel what is

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meant by addressing work complexity and maybe give

some specific examples?

Proceeding Time 10:01 a.m. T19

MR. LAYTON: A Sure. I'll maybe reference two Work

Smart projects as examples here. And the first one

I'll mention can actually be seen in BCUC IR response

which Mr. Miller has actually got in his package and

witness aid, page 14. So that one is probably easy to

see.

And in that case we are working with a team

that does a number of inventory cycle counts in

various locations across the province, and that's a

team that was struggling with workload issues and they

came to us and said, "Can you help us with this?

We're having to travel all over the province a lot of

the time, including in the winter, and we need help to

manage our workload." And so we worked with them.

And what we were able to do was free up a bunch of

their time, again in a form of what we call capacity

hours saved. So we worked with them to figure out a

way to still complete their obligations and objectives

with their inventory cycle counts, but just in a more

efficient way so maybe you wouldn't have to travel as

much, maybe have a more efficient way to do each

count. And that creates what we call capacity hours

gained. In other words, the amount of time it took to

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do an inventory cycle count before the Work Smart

project and after we'd improved that process creates

hours and when you multiply that by the number of

times a process is carried out, you have an annual

number of savings that you have available to you.

In the case of this team particularly, one

of the workload challenges that they were facing was

new WorkSafe regulations and so essentially again they

came to us and said, "We need your help. We obviously

have to comply with WorkSafe regulations, we just

don't have the resources to do both, to carry on with

the inventory cycle counts as we're doing them." So

by enabling them to do more efficient work over here

on the cycle counts, we enable them to deal with a

workload issue they had over here, which was a new

WorkSafe regulation.

I'll maybe give another example which is

more of a project situation, which is with Site C.

And so in the case of Site C, as you can imagine they

work with many, many stakeholders and branches of

government and so on. And they do something that's

called a "leave to commence" and "leaves to

construct". And essentially it involves working with

folks like the Ministry of Forests, Lands and Natural

Resource Operations, the Comptroller of Water Rights,

their external contractors. So in other words, a

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whole bunch of different people. And what they came

to us and said was that, "This is a very onerous

process. It is taking us away from the work we need

to do because it's taking far too long."

So what we did in Work Smart is we brought

together all of those stakeholders and said, "Let's

find a more efficient way. Let's find a better way."

And the outcome of that project was to reduce that

whole process on average by 12 days per leave to

commence, from 33 days to 21 days.

And so again, that creates what we call

capacity hours gained. And so instead of having to

spend 33 days, they only had to spend 21. So that

employee or those employees now had 12 extra days each

time they had one of these to do, to focus on

something else.

And in the case of Site C, as I think we've

heard testimony, there's lots of challenges in

constructing a big project like Site C and so anytime

they can identify ways to save time, they will do so.

And that again freed them up to do more important

parts of the project.

MR. MILLER: Q Are there any other examples that

readily come to mind?

MR. LAYTON: A I think -- we're planning one in fiscal

2020 on storm response and I think I would use that as

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an example of the kind of work we're doing. So I

think about half of our projects in fiscal '20 relate

to either Site C or a thing we call "Making it easier

to get work done". And I think we've filed our

overall annual, what we call our placemat for Fiscal

'20 of all our priorities within the corporation, and

one of them is "Making it easier to get work done".

And so we're focussed very heavily in our

projects in those areas and what it represents again

is that the areas that need our help the most are the

ones that are struggling the most with workload.

Proceeding Time 10:05 a.m. T20

MR. MILLER: Q So in the response that I referred you

to, there was a distinction made between work

complexity and highest value of work. Are there any

-- what is meant, or are these related concepts? Or

are these distinct concepts? Can you provide any

examples where the Work Smart program allowed people

to focus on the highest value work?

MR. LAYTON: A I'm not sure if I have any examples of

those. They are different, slightly different

concepts. Sometimes you are just freeing people up to

stay above water, if I can use that phrase. Sometimes

it is being able to work on higher value work. I'm

not sure I have a great example in hand of the highest

value work. But I mean, the Site C is maybe an

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example of both. It's something where -- it's taken

away a lot from your day job, but it is also probably

not the highest priority or highest value work that

you're undertaking on that project. And so I think

perhaps that's an example of both things being

addressed through a Work Smart project.

MR. MILLER: Q Now again, Mr. Layton, I'm going to

refer to some of your testimony from yesterday. And I

believe in response to Ms. Worth's questions you

indicated that the imputed benefit or value of the

roughly 100,000 hours gained as result of the work

group program was approximately 9.5 million, correct?

MR. LAYTON: A That's correct, yes.

MR. MILLER: Q Are the total capacity hours gained and

the imputed benefit value split evenly between capital

and operating components? Or have you analyzed that?

MR. LAYTON: A I believe we have analyzed that. I

think we put an IR on the record that went through the

assumptions we make imputing that value and I think we

take into account the capital and the operating. I

don’t have that split at my fingertips, but we do look

at that, yes.

MR. MILLER: Q So what is the rationale for splitting

between those two?

MR. LAYTON: A It is just being aware of the two. We

don’t actually -- like the 9 and a half million

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dollars I mentioned yesterday, is the total value. We

don’t say this much is capital and this much is

operating. We are focused on the total value the

program has created. We haven’t -- so we are aware

that we are working in both capital and operating, and

that there are different amounts to each. But our

goal is to bring the most value we can bring to the

areas that need the help the most.

THE CHAIRPERSON: Just a quick question on value, Mr.

Layton.

MR. LAYTON: A Sure.

THE CHAIRPERSON: So is that a net amount? Because

presumably there is some costs associated with this

program. Is that a fair assumption?

MR. LAYTON: A Yes, and in our response to BCUC IR

1.38.9 I think we tackle that issue, Commissioner, and

we show the value of the capacity hours gained,

divided by the program cost. And so through the end

of Fiscal '18 what that calculation showed is -- the

ratio of benefits to cost is 5 to 1.

THE CHAIRPERSON: And the numerator in that is the 9.2?

MR. LAYTON: A Sorry, that is through Fiscal '18, I

haven’t -- I just mentioned the nine and a half, so.

THE CHAIRPERSON: But that would be the numerator in

the calculation?

MR. LAYTON: A It would be, yes, through Fiscal '19.

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MR. MILLER: Q In your response a few moments ago, you

referenced the Work Smart initiative which is set out

on page 14 of the witness aid. And that's relating to

people travelling across the province and inventory

cycle counts. Are you able or have you analyzed the

capacity hours gained for that particular initiative?

MR. LAYTON: A Absolutely. As you will see in that

response, in the second paragraph, four lines from the

bottom, we mentioned that that project created

capacity hours gained of 1500.

MR. MILLER: Q Okay, thank you. Now I have a more

general question. How can you establish or the cause

and effect relationship between the Work Smart

program, and what would have occurred without the Work

Smart program? Can we not assume that there would

have -- this may have been identified, this problem,

without the Work Smart program?

Proceeding Time 10:10 a.m. T21

MR. LAYTON: A I think that's possible, but I think

what we hear from employees when we talk to them is

that Work Smart brings a structure. We fundamentally

believe in Work Smart, and employees know the answers

to the problems that they're facing but sometimes it's

just very hard to implement that, and I think the Site

C might be a great example of that, where you're

working with many stakeholders, some internal, some

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external, and it may be very difficult for the project

itself without the kind of framework and structure

that we bring through Work Smart to make those kinds

of changes.

I think employees every day in BC Hydro

look to make improvements in the way they do their

work and their processes. Those are generally, I

think, fairly smaller kind of improvements.

Hopefully, I think we all do that, we look for ways to

do everyday tasks better and smarter. What Work

Smart's doing though is coming in and looking at a

process. We're not trying to improve it a little bit,

we're trying to improve it a lot, and I think that

kind of big improvement takes a lot more effort and a

lot more structure and framework and that's what we're

able to do through Work Smart that employees probably

just on their own would struggle to be able to

achieve.

MR. MILLER: Q Can you turn to page 15 of the witness

aid? This is a response to BCUC – excuse me – IR

1.39.5 and in the first paragraph BC Hydro notes that

both itself and ICBC operate in a Crown environment

and both entities, like BC Hydro, need to be efficient

and continuously improve to keep costs/rates low for

taxpayers/ratepayers as the case may be. Correct?

MR. LAYTON: A Yes.

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MR. MILLER: Q How is that any different than in the

private sector, a non-Crown related business that

wants to be successful? Don't they need to do the

same thing?

MR. LAYTON: A I think so. I think what we looked at a

couple of nearby entities that we're familiar with

that provide, hopefully, the context that those

entities have well respected lean based programs and

are taking the same approach that we're taking at BC

Hydro.

MR. MILLER: Q And at the bottom of page 15 BC Hydro

makes the point that,

"…Work Smart is not confined to a specific

business structure, but rather is a process

improvement methodology that can be translated

across many different businesses and

industries."

Correct?

MR. LAYTON: A Yes.

MR. MILLER: Q So, if we assume that most successful

businesses need to have an objective to be efficient

and continuously improve to keep costs low and the

Work Smart program offers a methodology to achieve

this that is also applicable in other businesses, how

is this program really different from what other

businesses are doing? Or is it not different?

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MR. LAYTON: A Again, I can't speak to what all other

businesses are doing, what I can speak to is the

couple that we mentioned here, being ICBC and

Washington State. I know we participate in a group

across -- in the local Lower Mainland region that have

these kinds of programs, and so I can speak to their

experience and the way they run their programs. I'm

sure other private sectors perhaps do the same thing

or perhaps do different things, I'm not sure.

MR. MILLER: Q Can we turn to page 16 of the witness

aid?

Now, Mr. Chair, this is one of the

documents I referred to that is not part of this

application. This is an excerpt from page 34 of the

2017 to 2019 revenue requirements decision and I'd

like to have that marked as Exhibit A2-5.

THE CHAIRPERSON: Thank you.

(PAGE 34 OF 118 FROM ORDER G-47-18 MARKED EXHIBIT

A2-5)

THE CHAIRPERSON: We're still on the Work Smart topic?

MR. MILLER: Yes.

MR. MILLER: Q Now, if we go to page 16 under item

number 3, the last sentence in that paragraph states:

"The Panel recognizes that while BC Hydro states

it is not the intention of Work Smart to reduce

costs but rather to allow for the reallocation

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of staff to more productive purposes, in our

view a measured increase in productivity should

result in cost savings."

You see that reference?

MR. LAYTON: A I do.

MR. MILLER: Q As a result of that panel's

determination in the decision that we've just referred

to, has BC Hydro made any refinements or been able to

identify any cost savings as a result of the Work

Smart program as opposed to avoided costs?

Proceeding Time 10:15 a.m. T22

MR. LAYTON: A We continue to focus on avoided costs

and I appreciate the panel's feedback, but we do feel

very strongly that Work Smart is a program about

productivity savings. It is not a program, in our

view, about reducing costs.

If in the examples that I used, I'll take

Site C for example, we freed up a whole bunch of time

for them to carry on the project through those leave

to commence processes. If we came to them and said,

"Hey, we saved you guys 22 days per each of those

instances and you have 100 of them each year, that's

2200 hours, therefore, we're going to reduce your

budget by two people," we don't think that's a valid

concept, because as we know that project is facing

many, many challenges and that process was simply

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taking too long for them in the first place and,

therefore, just causing their workers to work harder

and not get to the tasks they need to get to.

So if we came to them and said, "Help us

improve this process, and then we'll take away some of

your people and some of your budget," they would never

engage in the first place, and in our estimation

that's not a practice that we'd want to see.

Work Smart for us is a tool about limiting

our operating cost increases and our -- well, our

overall increases. And what we've shown in the nine

and a half million dollars that I mentioned yesterday,

is that's the imputed value of what we’ve created.

And if we didn't have the Work Smart program what

we're saying is our costs would be nine and a half

million dollars higher.

So this is a case where we're viewing it as

a cost avoidance measure and not an area where it

would be wise or sustainable to take those costs away.

THE CHAIRPERSON: When you talk about Site C or doing

this Work Smart work at Site C, are you talking about

as it relates to BC Hydro employees or are you talking

about contractors at Site C?

MR. LAYTON: A In the case of Site C it's both. In

fact it's Hydro employees, contractor employees, and

government employees. When we calculate saving

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capacity hours gained, we're calculating on ourselves,

on our own.

THE CHAIRPERSON: Only on yourselves.

MR. LAYTON: A Yes.

THE CHAIRPERSON: So presumably there's some benefit to

contractors accruing from this, is that correct?

MR. LAYTON: A Indeed, yes. Yes.

THE CHAIRPERSON: And does that -- but you're under

contractual obligation to pay them a certain amount so

presumably that -- Hydro would get no benefit, no

monetary benefit, direct monetary benefit?

MR. LAYTON: A No, it's a -- again, it's a productivity

benefit. Just like Hydro, those contractors have been

spending way too much time of these activities, and so

by freeing them up to go back to what they're meant to

be doing to build the dam, that's the value really.

THE CHAIRPERSON: And I suppose it helps to manage

contractor risk then too.

MR. LAYTON: A Absolutely, yes.

THE CHAIRPERSON: Yeah.

COMMISSIONER MASON: Can I possibly interrupt as well?

Sorry. I assume it's reasonable that the unionized

employees would be paid overtime and non-management

employees would be paid overtime if they worked

overtime.

MR. LAYTON: A Yes.

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COMMISSIONER MASON: I don't know whether managers get

paid overtime or not. Is that a factor?

MR. LAYTON: A In some cases managers can earn

overtime. It's not a very common thing in most parts

of the business. In operation it may be, but --

COMMISSIONER MASON: Okay. So which leads to the

question, have you observed any reduction in overtime

payments as a result of these Work Smart initiatives?

MR. LAYTON: A I'm not sure. I think it's a good

question, I'm just not sure.

MR. MILLER: Q I want to refer to page 11 of the

witness aid. This is following up on a comment you

just made with regard to the incentive for employees

to participate or possibly the disincentive that may

come from focusing on specifically cost savings as

opposed to avoided costs.

And this response is to BCUC IR 2.23.9 and

in that response in the middle of the page is the

statement:

"If, on the other hand, Work Smart solutions

were required to deliver incremental cost and

headcount savings instead of avoiding higher

costs, the program would not be successful.

More specifically, employees and teams facing a

more growing and complex workload would not

participate since they would not obtain the

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capacity hours gained that they need. Instead

they would be disincented to participate and

offer the best solutions to improve processes as

their position could be terminated as a result.

Without positive participation from employees

involved in the process, Work Smart initiatives

would be unsuccessful."

Proceeding Time 10:20 a.m. T23

So my question to you is, surely there must be

potential costs savings as a result of Work Smart that

won't result in employee terminations.

MR. LAYTON: A I think for the most part, it's all

about labour in this case. I guess -- I take your

point that once in a while there could be. We haven't

observed many of those, but for the most part, we're

improving the people side of the processes here and

that's why it really, for us, does boil down to

labour.

MR. MILLER: Q Has BC Hydro examined whether there are

any initiatives or programs where you could save costs

where employees are not specifically at risk of having

their positions terminated? Have you examined this as

a specific area? What can we do to save costs that

won't result in employee terminations?

MR. LAYTON: A I think we haven't. I think the way

that we plan our program is we work with the business,

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we go across all the business, all the executive teams

and we ask them where is the biggest need for

assistance through Work Smart here? We don't parse it

out that way and say, "Okay, tell us about a process

that we can improve without impacting employees?" We

just say, "Tell us where your biggest need is?" And

that tends to involve areas involving people and

that's what we're facing in our company with a growing

and more complex work environment. When people tell

us where they need our help, it's typically in areas

again involving people processes.

MR. MILLER: Q Thank you.

MR. LAYTON: A Sorry, one more point, if I may, Mr.

Miller. One of the distinctions with Work Smart is

Work Smart generally does not play in the IT area

because those kind of fixes take longer to implement,

and so that would be perhaps examples of -- you know

IT projects can sometimes drive non-labour savings,

and Mr. Morison has talked about those and others have

talked about those. But because Work Smart is trying

to quickly address and quickly implement changes,

that's one of the things about it, it's about speed

and doing things quickly and efficiently, it's looking

at again, primarily people based processes.

If the answer to a problem is we need a new

information technology system, then we'll phone Mr.

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Morison and say, "Mr. Morison, here's an opportunity

for you to consult with the business," and bring new

solutions that way. But Work Smart is very people

focussed. It generally does not tackle multi-year

technology kind of improvements.

THE CHAIRPERSON: Mr. Miller, are you finished that

line?

MR. MILLER: Yes.

THE CHAIRPERSON: Could I just ask a follow-up question

to that then, or a related question let's say.

On page 15 of Mr. Miller's witness aid, at

the end of that IR response you indicate that Work

Smart is a process improvement methodology that can be

translated across many different businesses and

industries. At a very high level, is this some sort

of established methodology that is used by other

companies, and if so, what kind of practitioners do

you have that apply this methodology, or is it

something you've learned in house? Just at a high

level.

MR. LAYTON: A Yes, thank you. I appreciate the

ability to provide some context there. It actually

started in the 1930s in Toyota and it's since spread.

I have a number of notes here on big large companies

doing it: General Electric, Ford, Boeing -- maybe I

don't want to talk about Boeing at the moment. Bank

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of America.

THE CHAIRPERSON: Not in front of a regulator.

MR. LAYTON: A Perhaps. Inside voice. And it started

there. And it really is about reducing what the

program calls waste, and waste meaning steps that

aren't needed. Rework that happens because of

inefficient steps or bad outputs. Removing the

unnecessary reviews and so on. It's very focussed on

what does the customer care about. If the customer

wants you to produce a widget, they don't care about

many of your internal processes. They care about the

ones that have value to them. And that's

fundamentally what it's predicated on. And so that's

what our program is predicated on as well.

Proceeding Time 10:25 a.m. T24

And because it is a global things, we call

it Work Smart, that's our branding internally. You'll

generally hear it called "Lean". You might hear it

called "Six Sigma". That's another phrase that you

may hear. And there are bodies that will -- that you

can take tests and be accredited, and they use the

white belt, yellow belt, black belt, et cetera and so

the lead of our program actually has a black belt,

which is the -- actually I’m not sure if it's a

highest level, but it's quite a high level. Yes. And

so our team comes from those kinds of backgrounds

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generally because it is an accredited thing. And

because it really is a structure that's unique. It's

a unique way of thinking, a unique way of doing.

THE CHAIRPERSON: So thank you for that. So an

additional follow-up question then is, given Mr.

Miller's line of questioning there regarding the

difference let's say between avoided costs and

realized, crystallized, saved cost, to you knowledge

these other companies that apply this methodology, do

they actually have crystallized cost savings, or is it

part of the methodology that it's only targetted

towards improved efficiencies but not avoided costs

and not crystallizing those savings?

MR. LAYTON: A Yeah, so the methodology itself is about

identifying and implementing the savings. It doesn't

tell you whether you should take the savings or

redirect that effort. What we have looked at when we

-- the entities that we have worked with, like ICBC,

like Washington State, what I can tell you, and we put

evidence on the record more detailed than what I'll

get into here, but essentially what I can say is they

take the same approach that we do. They are about

avoiding costs. They are not about reducing their

budgets. And I think the ones that work with in the

Lower Mainland, it's for the same reason as us. We

have an increasingly complex environment, we need to

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keep our costs down. This is one tool to help us do

that and to help avoid higher costs and higher rates.

THE CHAIRPERSON: Thank you.

MR. MILLER: Q Just following up on your response to

Commission Morton's questions, is there a

certification program for Work Smart?

MR. LAYTON: A Not for Work Smart. Sorry, let me take

that in two different ways.

If I back away from Work Smart, which is

our program, there are certification programs for Lean

professions, and as I mentioned, our manager of

program is certified black belt there. Internally we

do delivery training to employees and different levels

of training. So there's an online course, just to

give you a flavour for what is it all about, what

kinds of things should you be thinking about in your

day-to-day job. What small improvements might you be

able to make just at your desk within your sphere of

responsibility. And then there's progressively higher

levels. We go all the way up to a green belt, what we

call a green belt. And green belt members are -- once

they’ve gone through it, we take them through a

project. But once we've gone through a project with

them, are therefore internally able to facilitate Work

Smart projects within the business.

So what we're trying to do to build our

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culture of Work Smart is to have as many of those

green belts, as many of those white belts, as many of

those yellow belts as we can to embed it throughout

our culture, so that we're always at an individual and

a team at a company level thinking and looking for

ways to be more efficient.

MR. MILLER: Q Thank you. I'd like to move onto to a

new topic now. Who do I address questions related to

the MRS program and the provincial reliability

coordination?

MS. FRASER: A You could probably address them to

myself and maybe Mr. Morison. In terms of the

reliability coordinator role, that would probably be

better addressed to Charlotte Mitha.

MR. MILLER: Q So the questions I have are mainly

towards budget for the program. So would that be this

panel?

MS. FRASER: A Yes. No.

THE CHAIRPERSON: You have to check with your

accountant.

MR. LAYTON: A I mean if it's a very high level

question maybe, but generally each executive is

prepared to speak to their budgets.

MR. MILLER: Q So why don't we start and see if we can

get anywhere and if not you can put me -- or point me

in the right direction for a future panel.

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Now, the former reliability coordinator for

the province used to be an entity known as Peak

Reliability, correct?

MS. FRASER: A Correct.

MR. MILLER: And they gave notice that they wouldn't be

providing services after December 31, 2019, correct?

MS. FRASER: A That's my understanding. Again, this

area of responsibility is with Ms. Mitha.

MR. MILLER: Q And BC Hydro made an application to

become the reliability coordinator and was approved by

order of the BCUC in roughly mid-fiscal 2020 to become

the reliability coordinator, correct?

MS. FRASER: A That's correct.

Proceeding Time 10:30 a.m. T25

MR. MILLER: Q So you may be able to answer this next

question, perhaps not, but if Peak Reliability stopped

providing services during Fiscal 2020, then there

should be no fees of any type to peak in Fiscal 2021,

correct?

MS. FRASER: A I don’t have the information to answer

that question.

MR. MILLER: Q So we should defer that to another

panel?

MS. FRASER: A I think so, yeah. That would be the

next panel.

THE CHAIRPERSON: Mr. Miller, I think you might be

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getting an answer here, I'm not sure.

MR. WONG: A Excuse me, we are going to look into it,

we might have the response for this question.

So, Mr. Miller, I think there might be a

number of IRs on the record on this topic, but I will

reference one, which is BC Hydro's response to BCUC IR

2.241.1, and in there we talk about why there are

amounts in the application related to the two fiscal

years.

MR. MILLER: Q So the query is really are there any

fees in Fiscal 2021 being paid to Peak, and if you are

not able to answer that specifically I can defer it to

the next panel.

MR. LAYTON: A No, I think I can speak to it. In that

IR we mention that costs related to Peak in Fiscal

2021 are estimated at $0.4 Million.

MR. MILLER: Q And what are those fees comprise? What

are they for?

MR. LAYTON: A I think at that point we are beyond my

depth on the matter.

MR. MILLER: Q So I have a series of questions relating

to start-up and annual on-going costs. Should those

be deferred to the next panel?

MR. LAYTON: A Yes.

MR. MILLER: Q Okay, so the whole series of questions

then we will defer to the appropriate panel in the

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future.

We are probably going to skip a bunch in

the witness aid, because I no longer have any

questions to unallocated funds, and I would like to

confirm also -- and I spoke to your counsel on this,

questions relating to vegetation management should be

going to panel 4, the capital panel, correct?

MR. LAYTON: A That's correct.

MR. MILLER: Q Okay.

THE CHAIRPERSON: The capital panel?

MR. MILLER: Panel 4, the capital panel.

THE CHAIRPERSON: On vegetation maintenance?

MR. MILLER: On vegetation management.

MR. WONG: A Yes, they'll speak to maintenance costs as

well.

THE CHAIRPERSON: Okay.

MR. MILLER: Q The next topic I'd like to address then

is vacancy factor savings. And I think you need to

jump to page 41 of the witness aid. Page 41 is page

5-3 of the application, and in lines 1 and 2, BC Hydro

makes the statement that it has,

"…achieved reductions in controllable costs

through a variety of means, including vacancy

factor savings…"

Correct?

MR. LAYTON: A Yes.

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MR. MILLER: Q If we turn the page in the witness aid

to page 42, which is table 5-6, in the top row under

the description for vacancy factor savings, the first

sentence states, "In previous years, some KBUs," And

that's Key Business Units, correct?

MR. LAYTON: A Yes.

MR. MILLER: Q "…have reduced their labour budgets to

recognize that positions will not remain filled

100 percent of the time. …"

Correct?

MR. LAYTON: A Yes.

Proceeding Time 10:35 a.m. T26

MR. MILLER: Q And,

"The exact approach for identifying these

reductions for each KBU is varied. In the test

period, BC Hydro has taken a consistent approach

to assessing each KBU and identifying any budget

reductions associated with unfilled positions.

Across all KBUs, labour budgets have been

reduced by an additional $5.6 million in total."

Correct?

MR. LAYTON: A Correct.

MR. MILLER: Q Now, if we can turn to page 44 of the

witness aid. This is a response to BCUC IR 143.1 and

on the bottom of the page, the last paragraph --

excuse me. Oh, sorry, top of the page. It says,

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"Vacancy factor savings are budget adjustments

must take into account the fact that positions

will not remain filled 100 percent of the time."

And that's similar to what you've said in the

application, correct?

MR. LAYTON: A Yes.

MR. MILLER: Q Down at the last paragraph of the same

response on page 44 of the witness aid, it says:

"The saving of $5.6 million for each of fiscal

2020 and fiscal 2021 is our estimated operating

savings as a result of applying a consistent

approach to labour analysis for all key business

units."

And then it says:

"The approach entailed a review of historical

operating labour expenditures, estimated future

vacancies, and charge out expectations for each

key business unit. Adjustments as appropriate

were made to each key business unit's budget

based on resulting data."

If we go to page to page 47 of the witness

aid, in the response to BCUC IR 1.43.3.2, BC Hydro

states:

"Our approach to vacancy factor savings is cost

based rather than position by position vacancy

duration estimates and while there may be a

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number of positions that are not filled 100

percent of the time…the vacancy factor is an

estimated aggregation of all partial year

vacancies."

Correct?

MR. LAYTON: A Correct.

MR. MILLER: Q And if we turn the page to page 48 of

the witness aid, and this is a response to BCUC IR

2.230.8, in the last paragraph of the response on that

page BC Hydro states:

"The estimated aggregation of all partial year

vacancies to determine the vacancy factor

savings for each KBU was assessed taking into

account historical operating labour

expenditures, estimated future vacancies, and

charge our expectations. As a result, the

vacancy factor savings applied to each KBU

varied based on judgement based assessment of

the factors noted above."

Correct?

MR. LAYTON: A Correct.

MR. MILLER: Q Now considering -- this is the question

and thank you for all those confirmations. This is

the question, considering that the vacancy factor

saving was based on judgement, what methodology or

what factors were applied in making that judgement

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amount of 5.6 million in savings?

MR. LAYTON: A So I think it's exactly the factors that

you just referenced in this IR, Mr. Miller, which is

BCUC IR 2.230.8, and you'll see in there that we look

at historical operating labour expenditures, estimated

future vacancies and charge out expectations.

If I can add a little bit of colour to

that, so if I was going to talk to a KBU manager, say

Ms. Ryan, you would look at both the historical

experience that her KBU has experienced, so in other

words, it is a KBU that tends to have a lot of

vacancies throughout the year or is it one that

doesn't? But we also look at the future. In other

words, we don't accept that the past is necessarily an

indicator of the future. Perhaps there's a unique

circumstance operating in Ms. Ryan's department coming

up and she might say, for example, "I had a vacancy in

this area last year, we didn't fill that for whatever

reason but we're going to be filling it very soon."

And so, yes, that position's been vacant but it's not

going to continue that way.

Proceeding Time 10:40 a.m. T27

And so that would be one that we would look at and

consider both -- in other words both the past and our

expectations of the future.

Of course we don't have actual data for the

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future. I can't go to Ms. Ryan and say, "How many

vacancies will you have next year?" Don't know. We

have to, again, look at historical data to help us and

future expectations on the work and the circumstances

in a given department, those are the two factors

there.

And then the charge out expectations are,

some workers charge to what we call "work," which may

be capital in nature, and if we expect some of those

percentages are going to be changing in a specific

business, then we'd want to consider that as well as

we build the vacancy factor for that KBU.

MR. MILLER: Q Thank you.

THE CHAIRPERSON: Just to follow up on that, Mr. Layton

--

MR. LAYTON: A Sure.

THE CHAIRPERSON: -- due to comparisons -- well, a

couple of questions. First of all, do you do

comparisons with other companies or does your HR

consultant provide any -- you know, are there any --

is there any published data around this? Because I'm

-- it's an issue -- or not an issue, but it's a

circumstance that's faced by almost every company.

You don't always have your FTE's filled. I mean --

MR. LAYTON: A Absolutely.

THE CHAIRPERSON: Yeah.

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MR. LAYTON: A Yeah, I'm not aware of any third-party

data on this. There may well be. As you say, every

company faces this challenge. Our approach was focus

on our individual KBUs and their circumstances.

THE CHAIRPERSON: All right. And so just to confirm,

again generally speaking, I'm not referring to a

specific previous year, but generally speaking, prior

to you including this calculation in -- or including

this circumstance in your budget forecasting, your

budget simply included -- or your budget provided for

all of the FTE positions that you had available?

MR. LAYTON: A Except for the ones we mentioned. Some

KBUs were doing this kind of approach in the past with

the factor, but absent that, yes.

THE CHAIRPERSON: So absent that then, that would

result in savings then that would arise. If you don't

take this approach, then those saving would have gone

to the shareholder, is that a fair statement,

generally speaking?

MR. LAYTON: A All else equal, yes. I will say that

some departments if they have vacancies will simply

use contractors instead. And so that's a way where --

that's a situation where you wouldn't have those

savings in that case.

THE CHAIRPERSON: Because that money, the money that

would have been spent on FTEs is spent on -- for

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budget purposes is spent on contractors, so it's a

wash.

MR. LAYTON: A Exactly, yes.

THE CHAIRPERSON: Do you have any idea then of over the

past number of years how much has accrued to the

shareholder as a result of this, of not doing this on

an enterprise basis?

MR. LAYTON: A Well, again, I think we manage our

budget on an overall basis and I think in -- it's

either three or four, or four of the last five, I

can't remember exactly which, we missed our net income

target, and so the shareholders actually received less

from us than they were expecting. So this is one

piece of that puzzle. We do manage that as well as

every other piece of our operating budget to --

THE CHAIRPERSON: Understood. But they would have

received a little less than the less that they

would've received were it not for --

MR. LAYTON: A I think I follow, yes.

THE CHAIRPERSON: Yes.

MR. LAYTON: A I think that's fair.

THE CHAIRPERSON: Thank you.

MR. MILLER: Q Mr. Layton, given the fact that -- and I

think I understood this from your answer, there is

some crystal ball gazing into the future about what

you're expecting, and so that's part of the judgment

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that you're applying, correct?

MR. LAYTON: A Yes.

MR. MILLER: Q And so given that --

MR. LAYTON: A Sorry, just to clarify, we don't

actually have crystal balls. We're -- hopefully we're

-- we're trying to use data. We're trying to make it

as --

THE CHAIRPERSON: We're disappointed.

MR. LAYTON: A We're trying to be as data focused as we

can. As I mentioned, we'll look at historical data.

We look into the future, but we base that on facts and

information, not merely a guess or anything. I don't

want to imply that it's that imprecise.

MR. MILLER: Q I didn't intend it was a literal crystal

ball.

MR. LAYTON: A Thank you, I suspected so. Thank you.

MR. MILLER: Q But if there is some estimation about

what's to happen in the future, which generally is

tough to predict 100 percent accuracy, then there's

likely to be some variation from your $5.6 million

vacancy amount, correct?

MR. LAYTON: A Correct.

MR. MILLER: Q And are you planning on measuring the

variation from your 5.6 million in the next RRA

application?

MR. LAYTON: A Absolutely. I think this is something

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that you would always want to evaluate how it's going

and if we see a different experience, then in a future

RRA we would take a different approach and we would be

informed again by the facts of the day.

MR. MILLER: Q So in your last RRA was this -- I think

Mr. Morton, or Commissioner Morton, referred to it as

an across the enterprise approach with respect to

vacancy factors. Was that done for the last RRA?

Proceeding Time 10:45 a.m. T28

MR. LAYTON: A As I mentioned, and I think it's in our

evidence, that in previous RRAs it was not a

consistent approach taken across the company. Some

groups were doing it, some groups were not. Some

groups would be using different methodologies. The

improvement that we made in this application is to

make a consistent approach across the company.

MR. MILLER: Q And so we don’t have any historical data

then to look at with respect to -- your estimate was X

dollars in savings, and you were off by this much.

Enterprise wide?

MR. LAYTON: A I do not.

COMMISSIONER MASON: Mr. Layton, if I can ask a follow

up question on this topic. With respect to staff's

attachment page 42, where it demonstrates the 5.6

million for these vacancy factor savings. That's in

Fiscal 2020, yes?

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MR. LAYTON: A Yes.

COMMISSIONER MASON: It says "incremental." Do I

interpret "incremental" as meaning savings over the

base budget? Over the labour budget without the

savings?

MR. LAYTON: A Yes, and that is why you'll see in

Fiscal 2021 it's incremental zero, but that just means

we are keeping those savings, we are not taking them

away the next year, they just stay at 5.6 in Fiscal

'21.

COMMISSIONER MASON: That was going to be my next

question. Is the 2021 incremental to 2020?

MR. LAYTON: A Yes.

COMMISSIONER MASON: So why wouldn’t -- thank you for

that clarification. Why wouldn’t you show a savings

of 5.6 million in that year as well? Maybe I am just

misinterpreting?

MR. LAYTON: A It's just a different presentation. We

could easily do a relative to before the RRA, and in

each year it would show 5.6 and 5.6.

COMMISSIONER MASON: Okay, but just for clarity, you are

expecting --

MR. LAYTON: A Absolutely.

COMMISSIONER MASON: -- savings in both years?

MR. LAYTON: A Yes indeed.

COMMISSIONER MASON: Thank you.

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THE CHAIRPERSON: I'm looking at 11 o'clock for a

break. I see you looking at the clock, if that's

okay.

MR. MILLER: Well, I was just going to make the

comment, Mr. Chair, that I am moving much quicker than

I had anticipated, and I am about to move on to a new

topic. So we could either break at 11, or we could

break for a brief break now, I am in your hands.

THE CHAIRPERSON: But you are not going to be finished

by 11?

MR. MILLER: No, I won't be finished.

THE CHAIRPERSON: Okay, let's wait. If you can work a

break in at 11 that would be good, thank you.

MR. MILLER: Q My next series of questions relate to

standard charges. So who would I direct those to?

MS. FRASER: A Standard labour charges?

MR. MILLER: Q No, standard -- well, I guess it's

partly labour. Let me ask the question and then you

can tell me who to address it to.

If we go to page 69 of the handout, there

is a section called "Standard charges", and it refers

to BC Hydro's electric tariff, and it's schedule of

standard charges?

MS. FRASER: A I can answer those.

MR. MILLER: Q You can answer these? Okay. Now, if we

go to the first paragraph, and this is, just for

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reference sake, this is page 2-27 of the application.

It says,

"Section 11 of BC Hydro's Electric Tariff

includes its Schedule of Standard Charges. Some

of these charges were last approved by BCUC

order number G-5-17 to BC Hydro's 2015 Rate

Design…"

It says,

"…BC Hydro proposed to regularly review its

Standard Charges and to propose changes as

required in the upcoming revenue requirements

application so that the charges would remain

current."

Correct?

MS. FRASER: A Correct.

MR. MILLER: Q And then in the next paragraph you make

the comment that you're not proposing any update to

standard charges in the current application, and you

also note that BC Hydro recently repatriated customer

services function from Accenture, and is still

identifying the costs of tasks involved in the account

charge, return payment charge and minimum connection

charge, correct?

MS. FRASER: A Correct.

MR. MILLER: Q Okay, and that's a spill over onto page

70 of the witness aid.

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Proceeding Time 10:49 a.m. T29

So when does BC Hydro expect to have

sufficient information in order to identify the costs

of tasks related to account charge, return payment

charge and minimum reconnection charges?

MS. FRASER: A I actually don't have an exact date of

when we'll have the information. I can certainly

check to see --

MR. MILLER: Q Just roughly what do you anticipate?

MS. FRASER: A Well, I would imagine that we would want

to have enough data from the repatriation as the --

you know, we're still working through what the savings

will be that BC Hydro will see. So, you know, I would

gather that it would be a year or two.

MR. MILLER: Q Okay.

MS. FRASER: A But it's something that -- something

that we review on a monthly basis, how we're doing

with the repatriation specifically of the contact

centre, because we have seen actually that we've been

able to achieve more savings by repatriating than

originally thought, so.

But I don't have an exact date.

MR. MILLER: Q Oh, that was fine. Your response was

fine.

On page 70 the handout, which is page 2-28

of the application, there's another comment made with

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respect to additional charges. It says -- this is

lines 3 to 5. It says:

"BC Hydro plans to review and file separate

applications related to the methodologies

for calculating the service connection,

Meter Choices Program and Net Metering

related Standard Charges, in the future."

Correct?

MS. FRASER: A Correct.

MR. MILLER: Q Now, BC Hydro currently has an

application with respect to net metering in front of

the Utilities Commission. Correct?

MS. FRASER: A Correct.

MR. MILLER: Q And to my understanding, but you may

have a better understanding, the application does not

include a review of the methodology for calculating

the net metering standard charges.

MS. FRASER: A Correct. In the net metering

application that is in front of the Commission, we

look to address some of the issues related to net

metering, specifically the overbuilding that we saw

some customers doing in terms of the amount of net

metering and technology and capacity that they were

putting in. We wanted to address high impact issues

first and we may follow up with another application in

the future.

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MR. MILLER: Q Is there any anticipated timing with

respect to that future application?

MS. FRASER: A I don't have that information in terms

of timing. I think once we get through the net

metering application process that's in front of the

Commission, then we'll look to the next phase.

MR. MILLER: Q Okay, new topic then. This is Exhibit

B-29. This was filed last week, where BC Hydro

provided updates on changes to six technology capital

projects and also referred to the cancellation of the

Metro North transmission project. Correct?

MR. LAYTON: A Correct.

MR. MILLER: Q So in that document, BC Hydro states

that any changes in capital expenditures or additions,

including resulting amortization, for the test period

associated with these updates will be managed within

the amounts that were included in the application,

correct?

MR. LAYTON: A Correct.

MR. MILLER: Q And actually the letter is found at page

68 of the witness aid.

Do you have any idea of what the dollar

amount impact to the revenue requirement is as a

result of these changes for the six technology

projects?

MR. LAYTON: A I do not offhand. You have to do some

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math to assess that.

MR. MILLER: Q So perhaps you can do this in an

undertaking. Can you provide the impact to the

revenue requirement broken down by expense categories

such as amortization expense, financing charges, and

operating expenses? Is that possible?

INFORMATION REQUEST

MR. LAYTON: A I think so. If I can clarify, Mr.

Miller, I think what we're saying here is that we're

seeking not to impact the revenue requirement on the

capital side. So to be responsive to your question I

think what it would show is that these project in

isolation, how much of the expected incremental costs

related to these updates in this letter. Would that

be responsive to your question?

MR. MILLER: Q Staff would like to know what the impact

would have been had you chosen to include in the

revenue requirement.

MR. LAYTON: A Thank you. I think we are saying the

same thing.

MR. MILLER: Q Okay. Commission Morton, I note we're

not quite at ll:00, but this is probably a convenient

time to break.

THE CHAIRPERSON: Okay, let's come back at ten past

eleven then. Thanks.

(PROCEEDINGS ADJOURNED AT 10:55 A.M.)

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(PROCEEDINGS RESUMED AT 11:10 A.M.) T30-32

THE CHAIRPERSON: Please be seated, thank you.

Please go ahead, Mr. Miller.

MR. MILLER: Thank you, Commissioner Morton.

MR. MILLER: Q My next series of questions are going to

relate to various regulatory accounts, the first of

which is the DSM regulatory account and we're going to

start on page 73 of the witness aid. Now, page 73 of

the witness aid sets out section 7 of Direction No. 7

to the BCUC. And I'm not going to ask you to

interpret this. For the record I'm going to indicate

that subsection 7(d)(i) states that the Commission

must allow BC Hydro to defer to the DSM regulatory

account the costs arise from the development,

implementation and administration of demand side

measures, including costs arising from the specified

demand side measures and public awareness programs.

And then if we turn to page 87 of the

application -- sorry, of the witness aid, this a

response to BCUC IR 3-298-1. At the bottom of the

page, BC Hydro will confirm that, with respect to the

DSM Regulatory Account, Directions No. 3, 6 and 7 to

the BCUC did not direct any changes to the regulatory

account other to approve a 15-year amortization

period. Correct?

MR. LAYTON: A Correct.

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MR. MILLER: Q And we go to page 88 of the witness aid,

this is a response to BCUC IR 1-150-1. BC Hydro also

confirmed that it defers all of its DSM expenditures

to the DSM regulatory account, correct?

MR. LAYTON: A Correct.

MR. MILLER: Q Now, during yesterday afternoon's

testimony, I think this was in response to a question

asked by Clean Energy, BC Hydro stated there are

various DSM related activities that are done outside

of the conservation and management team such as

marketing and sale of the DSM programs. And BC Hydro

indicated, I believe, that these costs are then

transferred to DSM via an accounting allocation. Is

that correct?

MS. FRASER: A Correct.

MR. MILLER: Q Is it fair to say that there are costs

for activities deferred to the DSM regulatory account

that are not directly involved in an installed DSM

measure such as marketing, sales, public awareness

programs, education and outreach?

MS. FRASER: A I think that all of the costs that go

into the DSM regulatory account meet the definition

that you just read out.

MR. MILLER: Q So all the costs are recorded in,

they're not recorded outside, is that right?

MS. FRASER: A The costs associated with DSM

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activities, including the public awareness, et cetera,

are recorded in the DSM regulatory account.

THE CHAIRPERSON: I'd just like to clarify some wording

here because the word "marketing" has been used and

the word "public awareness program" has been used, but

I don't see word "marketing" appearing in Direction 7.

So, are we using the term "marketing" and "public

awareness program" interchangeably?

MS. FRASER: A Yes. Yes, so when I'm referring to

marketing I am meaning the conservation programs that

you see on media and social media where we're

promoting conservation and energy management.

THE CHAIRPERSON: Thank you.

MR. MILLER: Q You may need to do this as undertaking,

but can you tell the panel what the forecast cost of

the activities such as marketing, sales, public

awareness, education and outreach are during the test

period?

MS. FRASER: A I can take that as an undertaking or you

may want to ask the panel number 5.

MR. MILLER: Q We'll direct it towards panel 5, thank

you.

Proceeding Time 11:15 a.m. T33

Now, if we can turn to page 89 of the

witness aid, and this is a copy of page 10-37 of the

application. And at the top of the page there's Table

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10-14 which shows the average measure life in years of

its DSM portfolio for the test period, correct?

MS. FRASER: A Correct.

MR. MILLER: Q And in footnote 371 down at the bottom

of the page, the first footnote, BC Hydro states:

"The average measure life is based on the

median number of years that the measure is

installed is still in place and operable."

Correct.

MS. FRASER: A Correct.

MR. MILLER: Can you confirm whether the measure life of

activity such as marketing, public awareness,

education, and outreach are included in the average

measure life in Table 10-14?

MS. FRASER: A I am unable to provide that information,

but again Panel 5 will be able to.

MR. MILLER: Q So maybe we'll defer the rest of these

questions because they are related. Or maybe I can

try them with you.

With respect to the activity such that we

just mentioned, this group of activities, marketing,

public awareness et cetera, are there any direct

energy savings that can be measured with these type of

activities?

MS. FRASER: A Again, probably better to ask Panel 5.

MR. MILLER: Q Fair enough. New topic, real property

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sales regulatory account. And we should go to page 71

of the witness aid. Page 71 is a copy of page 7-41 of

the application. At line 13 of page 7-41 of the

application, BC Hydro states:

"Since fiscal 2015 BC Hydro has been

preparing surplus properties for sale."

Now, Direction 7, which we've referred to earlier and

it's at page 74, required the BCUC to establish a real

property sales regulatory account to defer the

variances between actual and forecast real property

gains and losses, correct?

MR. LAYTON: A Correct.

MR. MILLER: Q And the regulatory account was then

established with interest to be applied to the account

based on BC Hydro's weighted average cost of debt,

correct?

MR. LAYTON: A Correct.

MR. MILLER: Q Now, in the application, and this page

72 of the witness aid, this is lines 3 and 4, BC Hydro

states:

"If this regulatory account was discontinued

at the end of fiscal 2019 then the balance

would be amortized into rates starting in

F2020 but instead, if this account was

maintained, it would mean that the exiting

account balance would not be borne by

ratepayers."

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Actually that goes through line 9. Do you see that?

MR. LAYTON: A I do.

MR. MILLER: Q Okay. Now, in the evidentiary update

which is on page 76 of the handout, this is under

column -- sorry, row 10. It's real property sales.

The amount in that account at the end of fiscal 2019

is 49 million, is that correct?

MR. LAYTON: A That's correct.

MR. MILLER: Now, can you clarify what is meant by the

phrase "borne by ratepayers"?

MR. LAYTON: A Yes, the real property sales account,

the idea here is that in the former ten year rates

plan BC Hydro committed to achieving $100 million of

sales of surplus properties and provide that benefit

to ratepayers over the period ending in fiscal 2024.

And so I think what we're talking about here is that

there is a balance in that account, as Mr. Miller

enunciate, $49 million at the end of fiscal '19 and

if -- well, when we achieve the targeted $100 million

of sales over the next five years, up to fiscal 2024,

as we've said in the application, subject to interest,

that account should self -- what we call self-clear.

In other words, the balance at the end again, only

subject to interest at the moment, would be zero

because we will have achieved $100 million in gains

and ratepayers would have got that benefit.

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MR. MILLER: Q Thank you.

THE CHAIRPERSON: Are you finished with that topic, Mr.

Miller? Could I just ask a follow-up question.

MR. MILLER: Yes.

THE CHAIRPERSON: So Direction 8 states that the balance

is recoverable but it doesn't state that it must be

recovered. Is that -- on March 31st, 2019?

MR. LAYTON: A I'm looking at my counsel here.

MR. GHIKAS: Maybe I could just ask a clarification

question about -- are you emphasizing the date there

or are you emphasizing the recoverability, full stop?

THE CHAIRPERSON: The date. The larger question is --

maybe I'm misunderstanding this, but Direction 8 says

that on a certain date it's recoverable but you are

not to recover it and you're proposing instead to

leave the balance and let it decline against future

gains.

Proceeding Time 11:21 a.m. T34

MR. LAYTON: A As we have the sales, yes.

THE CHAIRPERSON: So I am just wondering does Direction

8 give you the discretion to do that?

MR. GHIKAS: So as I understand it, I am just flipping

to see what page that direction was on, this package.

Do you remember what page it was, Paul?

MR. MILLER: 75?

MR. GHIKAS: Thank you.

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MR. LAYTON: A I think I can actually take a shot at

this, and then maybe let my lawyer correct me, if we

can try that?

THE CHAIRPERSON: If that's okay with your lawyer, go

for it. You don't have to check with your accountant,

at least.

MR. GHIKAS: So, as I understood it, what that's

actually doing in the cost recovery, you are talking

about Direction 8 now?

THE CHAIRPERSON: Well, page 72 it states, "pursuant to

Direction 8, the existing balance in this regulatory

account as of March 31st, 2019, is recoverable from

ratepayers." So I just want some clarification about

what that actually means.

MR. GHIKAS: Okay, so I am with you. I have the

section here. So what it's saying is, that the

accrued balance up to that date is recoverable.

THE CHAIRPERSON: Okay, but not necessarily on that

date?

MR. GHIKAS: That's right. And so it just must -- the

Commission is directed to allow recovery of that

balance. My submission to you is that you retain the

discretion to determine how it is recovered, and over

what period.

THE CHAIRPERSON: And what you are requesting is that

we leave it in there, and let it decline as the gains

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roll in, so to speak? Is that --

MR. LAYTON: A Yes.

THE CHAIRPERSON: Thanks for the clarification.

MR. MILLER: Q If we go to page 71 of the witness aid

again? The second paragraph under the heading "real

properties sales regulatory accounts," it's lines 10

to 12. It says,

"The timing of the completion of real estate

transactions is difficult to forecast

accurately, and that this regulatory account

would smooth the recognition of gains and losses

from real property sales that could otherwise

impact rates in a particular year,"

Correct?

MR. LAYTON: A Correct.

MR. MILLER: Q And so the main purpose of this account

is to smooth out gains and losses from real property

sales, is that right?

MR. LAYTON: A Essentially, yes. And to provide a

vehicle to ensure that when those sales do occur,

ratepayers get the benefit.

MR. MILLER: Q And since 2015 when this account was

approved, about 50 million has been credited to

ratepayers at the rate of 10 million per year,

correct?

MR. LAYTON: A Correct.

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MR. MILLER: Q And that treatment, or the crediting of

roughly 10 million a year, has had the effect of

reducing the overall revenue requirement and rate

increases for BC Hydro customers, correct?

MR. LAYTON: A That's correct.

MR. MILLER: Q And you are proposing to continue this

for another five years, correct?

MR. LAYTON: A That's correct.

MR. MILLER: Q Okay. Page 78 of the witness aid. The

second full paragraph, not including the indented

paragraphs at the top of the page. This is a response

to BCUC IR 3-299-3. BC Hydro states, that

"It has recognized annual cumulative gains of

4.4 million prior to F2020. And to reach BC

Hydro's revised net gains target of 100 million,

it is forecasting gains of 95.6 million between

F2020 and F2024, which would self-clear this

regulatory account subject to interest charges."

Correct?

MR. LAYTON: A Correct.

MR. MILLER: Q So tell me if what I am going to state

is wrong. Over the last five years BC Hydro has

forecast a cumulative net gain from property sales of

50 million, but has only actually realized $4.4

million of net gains, correct?

MR. LAYTON: A That's correct, and in our evidence, I

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don’t have it at my fingertips, but we've explained

some of the reasons why we absolutely would have liked

to see more gains by now. But what we've seen is that

in preparing properties for sale and actually going to

the market, and working with groups like First Nations

that we consult with when trying to facilitate these

kinds of transactions, it has been challenging to

actually conclude the transactions so far.

Proceeding Time 11:27 a.m. T35

What we said very clearly and very strongly I think in

our evidence is that we're absolutely committed to

achieving the $100 million for ratepayers by the end

of Fiscal 2024 and we will do so. And so I take your

point that we haven't seen the gains yet, but what

we're saying very clearly is we're still committed to

achieving those gains, our $100 commitment still

stands, and when we achieve those, that will be to the

benefit of ratepayers.

MR. MILLER: Q I wasn’t making any point so far, I was

just reading what was there.

MR. LAYTON: A Okay, thank you.

MR. MILLER: Q Now, gains of approximately 95.6 million

between F2020 and F2024 would be approximately 20

times higher than the 4.4 million you've actually

realized between F2015 and F2019, correct?

MR. LAYTON: A Yes.

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MR. MILLER: Q And there's no guarantee that gains from

future property sales will occur or materialize. I

mean it may well be probable, but there's no

guarantees, correct?

MR. LAYTON: A I agree with that, yes. As I said,

we're committed to that target, but there's never a

guarantee.

MR. MILLER: Q Now, on page 79, which is the response

to, again, to BCUC IR 3-299.3, BC Hydro states that:

"In the absence of this regulatory account, the

net gains would be to the account of the

shareholder."

correct?

MR. LAYTON: A Correct.

MR. MILLER: Q Now, prior to the creating of this

regulatory account, were the net gains and losses

going to the account of the shareholder?

MR. LAYTON: A I believe so, yes.

MR. MILLER: Q Now, on page 79 of the witness aid,

which is again a copy of the response to BCUC IR 3-

299.3, in the third paragraph on the page, it says:

"BC Hydro does not consider the period between

Fiscal 2020 and Fiscal 2024 over which time the

account is expected to sell clear subject to

interest charges to create material

intergenerational equity issues."

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Correct?

MR. LAYTON: A Correct.

MR. MILLER: Q Now, do you agree that to promote

intergenerational equity it's important to accurately

reflect gains and losses within a relatively close

timeframe to when those gains and losses occur?

MR. LAYTON: A I think so. And I think, again, the

program was always a ten-year program, so that was

always the timeframe under which we were operating,

but I agree with your suggestion, yes.

MR. MILLER: Q I wasn’t making any comment, I just

wondered if you agree with the general statement.

MR. LAYTON: A Yeah, I do.

MR. MILLER: Q And then, just generally, delaying

benefits to ratepayers when the benefits actually

occur promotes intergenerational equity, correct?

MR. LAYTON: A Sorry, can you repeat that, Mr. Miller?

MR. MILLER: Q Do you agree that delaying benefits to

ratepayers to when the benefits actually occur – so

matching them – promotes intergenerational equity

generally?

MR. LAYTON: A Yes.

MR. MILLER: Q And do you agree that if BC Hydro

continues its approach of forecasting gains of 10

million every year and it encounters further

difficulties or hurdles when selling properties,

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there's an increased risk of intergenerational

inequity?

MR. LAYTON: A I think so, although as I mentioned that

we view that five-year period as not generally

creating intergenerational equity. In other words,

within that five-year period if the gains are

different, we don't think that a five-year period

creates a lot of intergenerational equity.

Proceeding Time 11:31 a.m. T36

MR. MILLER: Q Okay. If you can turn to page 82 of the

witness aid. This is a response to BCUC IR 3.299.1.

And in the second paragraph of that response BC Hydro

explains why the actual net gains from real property

sales have been lower than planned ,which is mainly

attributable to a delay in sales. And then you

referenced several contributing factors for the delay

which include First Nation consultations on property

dispositions and environmental remediation prior to

sale. Agreed?

MR. LAYTON: A Agreed.

MR. MILLER: Q I just want to deal with the First

Nations consultations on property dispositions. As a

Crown Corporation are you required to go to First

Nations first to determine if they want to buy

property?

MR. GHIKAS: I'm going to arise, Mr. Chairman. Just --

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I think the question as phrased is asking about the

legal requirements of consultation and so perhaps if I

could ask my friend to rephrase it.

MR. MILLER: I could rephrase.

MR. GHIKAS: Thank you.

MR. MILLER: Q Is it BC Hydro's policy to go to First

Nations to determine if they want to acquire surplus

properties when they are going to be disposed of?

MR. LAYTON: A I'm a little out of my depth on this. I

would suggest probably this is a question for Mr.

Leonard coming up on Panel 4. Thank you.

MR. MILLER: Q Let's put that aside then, but let's

focus on the four items that are bulleted on the

response on page 82. Would you agree that some of

these contributing factors also create additional

unanticipated costs for BC Hydro?

MR. LAYTON: A Yes.

MR. MILLER: Q And these increased or possible

increased costs could result in lower net gains from

sales than originally forecast.

MR. LAYTON: A They could, but again, our commitment is

$100 million in net gains, so net of any costs that we

incur to achieve those. It's net $100 million.

MR. MILLER: Q Now, in response to BCUC IR 299.7, BC

Hydro provided a confidential list of properties that

will be sold to achieve the $100 million in net gains

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by the end of 2024. My question is, is the increase

in net gains from 50 to 100 million due to the

increase in the value of properties to be sold, or has

the number of properties increased, or is it a

combination of both?

MR. LAYTON: A So I can speak to part of that. Part of

it I think you'll want to talk to Mr. Leonard about.

I can speak to the increase from 50 to 100 million

dollars. That was a commitment that we made. The

initial commitment was $50 million and then we

increased it to 100 and that's because, in

consultation through the rates plan that's what we

thought we could achieve and we thought we could

deliver that value to ratepayers.

The number of properties and the reasons

why and so on, those are questions that Mr. Leonard

will be able to answer for you.

MR. MILLER: Q Okay. Now, there's a difference between

-- when you sell a property between net proceeds and

net gains, correct? Or is this a question for Panel

4?

MR. LAYTON: A That's probably a question for me. I'm

not sure of the answer to that.

MR. MILLER: Q Okay, so in a confidential IR, BC Hydro

-- and it's in its Exhibit B-16-1 and BCUC IR 2.99.7

which is confidential, BC Hydro provided a schedule

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that lists properties it had sold and properties for

potential future sale. And then BC Hydro has

realized 4.4 million from the sale of properties to

date which differs from the net proceeds provided on

the schedule, correct?

MR. LAYTON: A I don't have that in front of me. I

think it's probably again a question for Mr. Leonard.

If we can have a moment, we will check the IR though.

Mr. Miller, I do think that's a question

best directed to Mr. Leonard.

MR. MILLER: Q Fair enough. Now, on page 83 of the

handout, this is a response to BCUC IR 3.299.7. Down

at the bottom of the page, BC Hydro states that the

current lists of surplus properties are properties

that BC Hydro does not require for operational

purposes, correct?

MR. LAYTON: A Yes.

MR. MILLER: Q Now, BC Hydro core business is not about

selling land or assets, agreed?

Proceeding Time 11:36 a.m. T37

MR. LAYTON: A Agreed.

MR. MILLER: Q So, can you explain why there is such an

extensive list of properties that you need to dispose

of? Like what was led to the accumulation of all

these properties?

MR. LAYTON: A Again, I think that's a questions for

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Mr. Leonard. He leads, among other things, our

properties function and could speak to that.

MR. MILLER: Q Can you speak to whether "surplus" means

no longer used and useful?

MR. LAYTON: A I cannot.

MR. MILLER: Q Okay. I think then that probably the

balance of the questions should go to panel 4, you

said, correct?

MR. LAYTON: A Yes.

MR. GHIKAS: I think also I would just note for future

reference, I think a question about whether something

is used and useful is actually a legal question that

involves a legal interpretation to some degree. So,

questions that involve the factual issues about

whether something's in use or not I think are

completely appropriate but just when they're worded

like that it creates some problems.

THE CHAIRPERSON: Okay. Well, perhaps Mr. Miller could

rephrase when he puts the question to panel 4 then,

please.

MR. MILLER: We’ll address it in panel 4.

THE CHAIRPERSON: Okay, thank you.

MR. MILLER: Q Next series of questions is with respect

to the debt management regulatory account.

THE CHAIRPERSON: Sorry, we just go -- can I ask?

MR. MILLER: Sure.

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THE CHAIRPERSON: Without -- you know, I appreciate

some part of this question may be more appropriate for

panel 4, but to the extent that what's driving this

disposition of property is need to dispose of it for

whatever reason, then it's possible that you could

incur losses and I'm wondering what happens to losses

if they occur. Would they go into this account also?

MR. LAYTON: A It is about achieving net gains and I

think --

THE CHAIRPERSON: Then you can adjust the timing

accordingly if that's the driver.

MR. LAYTON: A Yeah, and I think Mr. Leonard probably

would give a better answer than I might, but I suspect

what he would say is that we wouldn't as part of this

program sell something if we were going to incur a

loss because it wouldn't contribute to the achievement

of the program.

THE CHAIRPERSON: But if there were a loss for whatever

reason, just from strictly the accounting answer to

the question, is it would go into this account, is

that correct?

MR. LAYTON: A I'd just like to read the original

direction. I think the answer to your question,

Commissioner, is yes.

THE CHAIRPERSON: Thank you. Thank you, Mr. Miller.

COMMISSIONER FUNG: Mr. Miller, may I just ask a

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question to follow up to Mr. Layton?

If contrary to BC Hydro's commitment to

achieve $100 million of net gains from property sales

by the end of 2024 and there's a large balance

remaining in that account as a result of the

Commission agreeing for you to continue the current

practice, what is BC Hydro's current expectation as to

what happens to that balance at the end of 2024?

MR. LAYTON: A I'm not sure we have turned our mind to

that, Commissioner, because I think, as I said, we're

very committed to achieving that. Thinking aloud, I

think under the direction the Commission is required

to let us recover the balance at the end of Fiscal

2019, I think, again thinking aloud without prejudging

how me might deal with that in a future set of

proceedings, but I think I might take a view that

perhaps we would seek to extend the program to ensure

that we did achieve that project. In other words, so

that we would not be in a position where we would be

recovering from ratepayers when we didn’t deliver on

our commitment.

COMMISSIONER FUNG: And in that event would you agree

with Mr. Miller's characterization that would raise

the issue of intergenerational inequity?

MR. LAYTON: A At some point, yes, absolutely.

COMMISSIONER FUNG: Okay, thank you.

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COMMISSIONER LOCKHART: Mr. Layton, so in terms of

either $100 million in value or the number of

properties, can you give us a sense of what proportion

are subject to First Nations consultations?

MR. LAYTON: A I cannot. Again, I think Mr. Leonard

will be happy to answer that question for you.

COMMISSIONER LOCKHART: Thank you.

MR. MILLER: Q My next topic is with respect to the

debt management regulatory account. And if you can

turn to pages 90 through 93 of the witness aid, these

are excerpts from the application for approval -- the

application for approval of the debt management

regulatory account. And they are pages 3, 6, 7 and

10. And that should be marked as Exhibit A2-6.

Proceeding Time 11:42 a.m. T38

(EXCERPT FROM BC HYDRO APPLICATION FOR APPROVAL OF

DEBT MANAGEMENT REGULATORY ACCOUNT, PAGES 3, 6, 7 AND

10 MARKED EXHIBIT A2-6)

MR. MILLER: Q Now, when the debt management regulatory

account was approved in 2016, BC Hydro stated in the

application, and it starts at line 7 on page 90 of the

witness aid, that the regulatory account is necessary

to capture market-to-market gains and losses from

future debt hedges as existing accounting options

available to BC Hydro under prescribed standards,

namely mark to market accounting, and hedge

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accounting, could give rise to the following two

undesirable consequences. And the first is,

intergenerational inequity and rates, and rate

volatility, and the second is increased overall debt

load and finance charges as a result of impacts on

dividends. Correct?

MR. LAYTON: A Yes.

MR. MILLER: Q Now, in the application, and this is

page 93, lines 9 through 16, BC Hydro states that,

"One of the pros in using this regulatory

account compared to the two other accounting

options available is that the amounts amortized

out of this regulatory account would be included

in finance charges. And these finance charges

would be eligible for inclusion in the

calculation of interest during construction,

otherwise known as IDC, to the extent the debt

relates to capital projects,"

Correct?

MR. LAYTON: A Correct.

MR. MILLER: Q Now, am I correct that interest during

construction can be capitalized and included in the

capital costs of the asset under construction and

thereby recovered through rates over the life of the

capital asset?

MR. LAYTON: A Yes.

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MR. MILLER: Q And that helps to better match costs and

benefits for customers, correct?

MR. LAYTON: A It does.

MR. MILLER: Q Now, in the current revenue requirement

application, and this is on page 94 of the handout, in

lines 16 through 18, it is stated that as a result of

adopting IFRS 14, interest during construction cannot

include de-amortization of the debt management

regulatory account, correct?

MR. LAYTON: A Correct.

MR. MILLER: Q Since interest during construction can

no longer be included in the amortization, can you

confirm that the debt management regulatory account is

still achieving its intended purpose and is still the

best option compared to other options available to

mitigate the two undesirable consequences?

MR. LAYTON: A Yes.

MR. MILLER: Q Yesterday I believe it was Mr. Keen

referred you to an attachment to BCUC panel IR 2.17.3,

and that's Exhibit B-31 dealing with future debt

hedges? Sorry, this one is not in the handout, do you

have it?

MR. LAYTON: A I have it, thank you, yes.

MR. MILLER: Q So, the first question is, where do the

interest rates on the right-hand column of the table

represent?

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Proceeding Time 11:46 a.m. T39

MR. LAYTON: A So those are the rates on the hedges.

MR. MILLER: Q The rates on the hedges?

MR. LAYTON: A Yes, the hedge contracts.

MR. MILLER: Q Can you turn to the Panel IR 2.17.4 of

Exhibit B-31? Let me know when you're there.

MR. LAYTON: A We're there, thank you.

MR. MILLER: Q I understand that IR response to make

two points. The first is the effective interest rate

is 3.02 percent and the hedged interest rate is 3.36

percent. Is that correct?

MR. LAYTON: A Yes.

MR. MILLER: And so if you go to the column that says

"settlement value", which is I think the fifth or the

sixth column on the Table to 217.3, or the attachment.

It's the same table I was asking you what do the rates

represent on the right side, right-hand column.

MR. LAYTON: A And sorry, which line are you one?

MR. MILLER: Q The line is "Hedges placed during 2018"

and particularly "2017-9-28". There the rate is 16.7.

That doesn't seem to match -- or sorry, 2.5 -- sorry,

on the right-hand side, 2.57. Excuse me, the table

that says on the right-hand table -- sorry, right-hand

column for the same timeframe.

So forget the settlement value, go right

over to the right side of the page. It's 2.57

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percent.

The query from staff is, this doesn't seem

to match either the effective interest rate or the

hedged interest rate provided in the response to

2017.4. Do you have any comment on that?

MR. LAYTON: A I'm just going to take a moment and see

if I can obtain the answer.

MR. MILLER: Q Yes.

MR. LAYTON: A Mr. Miller, I absolutely understand your

question and what staff is seeking confirm, I can't

immediately provide an answer to that, but I'm happy

to undertake to do so.

INFORMATION REQUEST

MR. MILLER: Thank you so much.

A couple of -- on a different topic.

THE CHAIRPERSON: Mr. Miller?

MR. MILLER: Yes.

THE CHAIRPERSON: Are you moving off the debt management

regulatory account?

MR. MILLER: Yes.

THE CHAIRPERSON: So I just have a couple of questions

for the panel, please.

Mr. Wong, I'm sorry, I don't have the

transcript reference for this but I seem to recall --

I think it was in your conversation with Mr. Austin

yesterday, and you said that -- it was a discussion

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about amortization and interest rates, debt interest

rates on long-term debt. And I think you said that

you can't associate any particular interest rate or

any particular debt issuance with a particular project

or an asset. Did I hear you correctly?

MR. LAYTON: A That's correct.

THE CHAIRPERSON: So that would seem to be inconsistent

with the statements made in the DMRA application,

where you are identifying specific debt with a

specific project.

MR. LAYTON: A Yeah, I mean the way we do the debt

issuance is, is we take a look at our cash flow

forecasts in future years. And so we take our capital

plan and our operating income as such, and say, "Okay,

this is our net cash expenditures."

Proceeding Time 11:51 a.m. T40

At that point then we need to determine

when we need to issue debt, and then that

determination is what then drives us to say, okay,

well if we need to issue a debt in this particular

year, say for ten years, then we're going to add an

interest rate hedge associated with that. We don't go

through and say, okay, well this particular piece of

debt is for, let's say, the Site C project or this

particular debt is for the PRES project, it's all just

done on a portfolio basis.

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THE CHAIRPERSON: So do all interest costs go into IDC

then?

MR. WONG: A Okay, so -- sorry, I understand your

question then. So we issue debt, then accounting

rules say when you do a capital project you're allowed

to capitalized interest associated with borrowing to

develop that asset.

THE CHAIRPERSON: I understand that concept.

MR. WONG: A Yeah. And so we're not saying, oh, we've

identified this particular piece of debt that goes to

that project, it's more of a concept that, okay, we

spend a billion dollars on a capital project, we have

to go borrow money, that billion dollars, in order to

--

THE CHAIRPERSON: But how do you know what interest

rate you’ve borrowed it at if you can't associate that

with a particular piece of data?

MR. WONG: A Yeah, so -- exactly. So we use a weighted

average cost of debt. So we look at our entire

portfolio and what our weighted average costs of the

entire portfolio debt is to allocate that cost of

interest to capitalize.

THE CHAIRPERSON: So your answer to Mr. Austin

yesterday could arguably have included that nuance

then, because you do in fact associate interest rate

costs with capital projects and you use a weighted

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average cost of debt to do that.

MR. WONG: A Yeah. And that's against the entire

portfolio of debt. There's no specific individual.

THE CHAIRPERSON: Right. Yeah.

MR. WONG: A And that was the distinction I was trying

to make there.

MR. MILLER: Q Thank you.

MR. WONG: A Yeah.

THE CHAIRPERSON: And second, second, I just would like

some confirmation that as Mr. Miller pointed out -- or

he questioned whether the debt management account is

still, you know, useful I suppose, or is still

achieving its intended purpose because of this IFRS

rule, and the difference between what was then and

what is now is that you've adopted IFRS since the

application for the deferral account. I just want to

confirm that that's the case. That this IFRS standard

didn't apply at the time you -- to BC Hydro at least,

or it didn't exist, I don't know, one of the two, at

the time you applied for the account. Is that

correct?

MR. LAYTON: A That's correct. And the implications of

the change are actually quite small relatively. What

it results in is a couple million dollar change and

what has to go through the Site C regulatory account

instead of the normal debt management process. And

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also about -- less than a million dollars in terms of

the difference to all the other capital projects

across the whole company in total, less than a

million-dollar change. And just for reference I'll

reference BCUC IRs 1.157.8 and 1.157.8.1 that talks

about some of those issues.

THE CHAIRPERSON: Thank you.

MR. WONG: A Yeah, and while the accounting rules have

changed and it's not a material change related to the

implication, as Mr. Layton put out, I have to say the

step management regulatory account is a very elegant

solution to managing a very complex area of accounting

and ensuring that costs are allocated to match the

benefits the ratepayers have. And so by using this we

don't have to do hedge accounting, therefore we can

reduce costs associated with hedge accounting, it's

very expensive, we don't have the auditor costs, so

it's a very nice way to tie it together.

THE CHAIRPERSON: Right. No, I appreciate that. I

remember the application.

MR. WONG: A Yeah, okay. Good, excellent.

THE CHAIRPERSON: Mr. Miller, given that we're at five-

to-twelve, is this a good time to take a lunch break?

MR. MILLER: So I have two very short, or expected to

be short issues to address. I expect to be about 10

to 15 minutes.

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THE CHAIRPERSON: And then you're complete your --

MR. MILLER: Yeah, and I'm done.

THE CHAIRPERSON: Well, I think the panel also has some

questions of the witness panel also so perhaps we'll

leave everything until after lunch then. We'll come

back at one o'clock, thanks.

(PROCEEDINGS ADJOURNED AT 11:56 A.M.)

(PROCEEDINGS RESUMED AT 1:01 P.M.) T41/42

THE CHAIRPERSON: Please be seated. Good afternoon, I

hope you all had a good lunch.

Good. Mr. Ahmed, I'm sure you have

something for us?

MR. AHMED: I do, we have some paper for you, Mr.

Chair.

THE CHAIRPERSON: Thank you.

MR. AHMED: There are three undertakings that should be

on everybody's desk, or handed around the room, and

one correction after that.

THE CHAIRPERSON: Okay.

MR. AHMED: The three undertakings, they are not

necessarily in numerical order by title, I will go

through them in the order they've been pre-numbered as

exhibits.

The first is BC Hydro Undertaking Number

10, and this is a response to Commissioner Lockhart's

questions yesterday about holdback pay for F2019. And

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the transcript reference for that is page 1073. And

BC Hydro has attempted to supplement this response

too, to provide a little bit more information as well,

based on the discussions earlier today. I believe

that should be Exhibit B-37.

(BC HYDRO UNDER TAKING NO. 10 MARKED EXHIBIT B-37)

THE CHAIRPERSON: Thank you.

MR. AHMED: The next undertaking is titled BC Hydro

Undertaking Number 7, that's an undertaking with

respect to my friend Mr. Austin's question about when

BC Hydro first funded the low carbon electrification

budget. And the transcript reference for that is page

1056. And I believe that should be Exhibit B-38.

(BC HYDRO UNDER TAKING NO. 7 MARKED EXHIBIT B-38)

MR. AHMED: The third one is titled BC Hydro

Undertaking number 5, and that was a request that my

friend Mr. Quail had with respect to retirement

statistics I believe. And the transcript reference

for that is page 1018, and the next exhibit number is

B-39.

(BC HYDRO UNDER TAKING NO. 5 MARKED EXHIBIT B-39)

THE CHAIRPERSON: Okay. Thank you.

MR. AHMED: And there is one small correction to be

made as well, and that is in reference to yesterday's

transcript, beginning at the bottom of page 1004, and

Mr. Layton, you were talking about the Metro North

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project, and beginning at line 25 you say,

"I think the Metro North project write off that

we mentioned in our letter will result in the

budget in Fiscal '21 being exceeded, and

therefore there is no true up."

Did you have a correction you wanted to

make about that?

MR. LAYTON: A I did. I was talking about the current

fiscal year, and so I should have said Fiscal '20,

instead of Fiscal '21.

THE CHAIRPERSON: Thank you.

MR. AHMED: Thank you, Mr. Chair.

THE CHAIRPERSON: Thank you. Mr. Miller, good

afternoon.

MR. MILLER: Thank you, Commissioner Morton.

CROSS-EXAMINATION BY MR. MILLER (Continued):

MR. MILLER: Q I have two more topics and then I will

conclude my cross-examination. The first topic

relates to the errata that was filed in Exhibit B5-2,

and it should be either a loose-leaf or the last page

of the handout. Do you have that?

Proceeding Time 1:04 p.m. T43

MS. FRASER: A Is it the Transmission Revenue

Requirement?

MR. MILLER: Q Yes.

MS. FRASER: A Yes, I have that.

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MR. MILLER: Q BC Hydro, down the bottom of the page,

the revised response, clarifies that:

"The point-to-point allocation to

distribution shown on Appendix A, schedule

3.4 line 12, represents the cost to use

point-to-point transmission service to re-

export the Canadian entitlement plus

associated scheduling and dispatch fees, and

that these costs are borne by BC Hydro

domestic load customers and is recovered

through BC Hydro's bundled sales rate."

Correct?

MS. FRASER: A Correct.

MR. MILLER: Q Now, can you confirm that the revenue

from the re-export of the Canadian entitlement is

included in the revenue requirement?

MS. FRASER: A The transmission cost associated with

the sales that Powerex makes of the Canadian

entitlement on behalf of BC Hydro is a point-to-point

transmission cost that is recovered through our

electric tariff.

MR. MILLER: Q So that revenue is recorded in the

revenue requirement, then?

MS. FRASER: A That's my understanding.

MR. MILLER: Q Okay.

THE CHAIRPERSON: Sorry, you're talking about

transmission rates, though. Mr. Miller is talking

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about revenues, I believe, from the sale of the

entitlement. Is that correct, Mr. Miller?

MR. MILLER: Q It was the revenue from the tariff is

what I understood Ms. Fraser to be referring to.

THE CHAIRPERSON: Is that what you mean?

MS. FRASER: A Yes.

THE CHAIRPERSON: Okay, the revenue from the tariff.

Okay.

MS. FRASER: A Yes, from the electric tariff. That's

my understanding, subject to check.

MR. MILLER: Q Subject to check. If it's different,

let us know.

MS. FRASER: A Yes.

MR. MILLER: Q Now, where in appendix A is that revenue

recorded? Is there a particular line item that you

can refer us to?

INFORMATION REQUEST

MS. FRASER: A I don't know exactly where in appendix A

it's recording.

MR. MILLER: Q Can we do it as an undertaking?

MS. FRASER: A Yes, I can. Yeah.

MR. GHIKAS: Just for clarity, Mr. Miller, would you

mind just restating what the undertaking is for us?

MR. MILLER: Q We would like to know, or staff would

like to know where in Appendix A, which are the

financial schedules, the revenue from the tariff, as

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Ms. Fraser put it, is recorded. Where is it shown?

Now, a different topic and my last topic,

and this relates to a discussion that was held

yesterday regarding the uniform systems of account.

And I believe it was by the Old Age Pensioners

Association regarding Hydro's request in this

application for a rescission of Directive 57 from the

BCUC's prior decision in the F2009/2010 RRA. And I

believe a copy of excerpts of that decisions have been

circulated, that should be marked as Exhibit A2-7.

Proceeding Time 1:04 p.m. T44

(EXCERPTS FROM BCUC'S F2009/2010 RRA DECISION DATED

MARCH 13, 2009 MARKED EXHIBIT A2-7)

MR. MILLER: Q Now, in the top paragraph on page 216 of

that decision, in the second line -- sorry, second

sentence, it says:

"The ability to have reported information in a

particular year that is comparable without

modification to any other years assists in

establishing a historical financial record that

is transparent, comparable and consistent."

Correct?

MR. LAYTON: A Yes.

MR. MILLER: Q And then the directions that were

referred to, or the directives, were that BC Hydro was

to adopt a BCUC uniform system of account by no later

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than the F2012 reporting year, correct?

MR. LAYTON: A Correct.

MR. MILLER: Q Now, was the purpose, to your

understanding, of this directive to provide BC Hydro's

data on a comparative basis year over year?

MR. LAYTON: A I believe so, yes.

MR. MILLER: Q And are you aware of any discussion in

that decision that would indicate the purpose of that

directive was relating to a comparison to other

utilities in other jurisdictions for benchmarking

purposes?

MR. LAYTON: A I am not.

MR. MILLER: Q Now, yesterday -- I don't think you need

to turn there, you'll probably recall the exchange,

but on transcript page 1013 Commissioner Morton asked

BC Hydro to confirm that it uses, and he used the term

"our uniform system of account, not the FERC uniform

systems of account" and you agreed. Do you recall

that?

MR. LAYTON: A I do, although I'm not sure that's quite

the right context. I think the discussion

Commissioner Morton and I were having was around if we

were to revert and start using uniform system of

account again, whether the old BCUC one would be

preferable to the FERC one. At the moment we're using

neither, just so we're clear, in BC Hydro.

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THE CHAIRPERSON: That's where you would go to the

transcript reference, Mr. Miller.

MR. MILLER: Q So, on page 1013 down towards the bottom

where it says, "THE CHAIRPERSON" starting on line 24.

It says,

"Mr. Layton, so just to be clear, when you spoke

just now about the US of A, you're talking about

our US of A, so to speak, not the FERC US of A?"

And Mr. Layton responds over the top of page 1014,

"I am indeed, yes."

So, that's just for context purposes.

MR. LAYTON: A Yeah, and I agree with that and I would

just refer to the lines immediately before that on

transcript page 1013, where on line 16 to 23,

hopefully it's clear there that I'm talking about a

hypothetic situation where we return to using the US

of A. I don't want to leave the impression that we're

using it today, we're not. This was a hypothetical

around were we to resume using it, which one might be

useful.

MR. MILLER: Q Fair enough. Now, was it your

understanding when you answered the panel Chair's

question that he was referring -- that you understood

him to refer to the B.C. uniform systems of account

that was referred to in the F2009/2010 RRA decision?

MR. LAYTON: A Yes.

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MR. MILLER: Q Are you aware of when the BCUC uniform

systems of account was last updated?

MR. LAYTON: A I am not.

Proceeding Time 1:12 p.m. T45

MR. MILLER: Q Would you, for the purposes of this next

series of question, assume that the uniform systems of

account was brought in in the 1960s, BCUC uniform

system of accounting was last updated in May 1980, and

hasn’t been updated since then. That's roughly a 40

year period that we are talking about since there has

been revisions to the Uniform System of Account,

correct?

MR. LAYTON: A It would be, yes.

MR. MILLER: Q Now, your business has evolved over the

past 40 years, and there are different cost centres

and different asset categories, correct?

MR. LAYTON: A Yes.

MR. MILLER: Q Now, at page 1014 of the transcript you

made the comment that if BC Hydro,

"…were we to receive feedback that the Brattle

study in and of itself is very valuable, then we

might actually want to think about, could we

follow the FERC? Because that would make,

actually, the benchmarking much simpler."

Correct?

MR. LAYTON: A Yes.

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MR. MILLER: Q I'm going to read a section of the

Utilities Commission Act to you, I'm not going to ask

you to interpret it, but under section 49 of the UCA,

it says,

"The Commission may, by order, require every

public utility to do one or more of the

following…"

And under subsection (a) it says,

"(a) keep the records in account of the conduct

of the utility's business that the Commission

may specify, and for public utilities of the

same class, adopt a uniform system of accounting

specified by the Commission."

Now, do you have that in front of you?

MR. LAYTON: A I do now, yes.

MR. MILLER: Q Okay, there is no specific reference in

that section that -- to BCUC's uniform systems of

accounting that you can see, is there? It just says

"a uniform system of account, specified by the

Commission," correct?

MR. LAYTON: A I agree.

MR. MILLER: Q Now, given that BC Hydro is seeking

relief to continue to report under the BCUC's uniform

systems of account, which I've asked you to assume

hasn’t been revised since 1980, is BC Hydro asking or

does it have an answer to whether or not you are

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seeking to adopt any other set of UCA [sic] in order

to meet the intent of the 2009/2010 RRA decision?

MR. LAYTON: A So, in the application we have not

sought -- or we have not proposed to use any other

system of account, we have simply sought to rescind

the previous order.

MR. MILLER: Q Do you have an opinion? Or does BC

Hydro have an opinion on whether FERC's uniform system

of accounting would be a reasonable and easy

transition for it to use?

MR. LAYTON: A I think there is a bunch of work that we

would need to do to see how easy or hard that is. I

think the point that I was making yesterday I our

conversations was that if we get the feedback from the

Commission that the Brattle study was useful, that was

based on the peers using the FERC uniform system of

account. So if the panel feels that there is a lot of

value in that particular study, the Brattle study,

then perhaps that would be useful to use the FERC

system of accounts instead of the BCUC system of

accounts.

MR. MILLER: Q One last question and then I'm done. Do

you know how often FERC updates their uniform systems

of account?

MR. LAYTON: A I do not.

MR. MILLER: Q Are you aware whether for comparison

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purposes, what other Canadian utilities use? Is there

a standard uniform systems of account?

MR. LAYTON: A My understanding is there is no such

standard across Canada.

MR. MILLER: Q Thank you, those are my questions.

Proceeding Time 1:16 p.m. T46

THE CHAIRPERSON: Thank you, Mr. Miller.

The panel has some questions.

COMMISSIONER LOCKHART: Mr. Layton, I'd like to go back

to the real property regulatory account, and I

appreciate that Panel 4 will get inundated with a lot

of questions about this, but I'm hoping that perhaps

we can clarify some of the things. When was this

regulatory account established?

MR. LAYTON: A It was established, I believe, in fiscal

2015 which was the first year of the ten year rates

plan.

COMMISSIONER LOCKHART: And do you happen to know the

balance for fiscal 2015 or 2016? I see that we've got

the balance for 2017.

MR. LAYTON: A Yeah. Just one moment please. I can

find that easily.

And just for reference I'm referring to

Table D-2 of appendix D which is the evidentiary

update, and in their on line 10 -- well, unfortunately

on this table, I only have back to fiscal '17 but at

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the end of fiscal '17 the balance was $28 million.

Fiscal '18, $38 million. Fiscal '19, $49 million.

Happy to get fiscal '15 and '16, I just don't have

those at my fingertips, I don't think.

COMMISSIONER LOCKHART: Sure, okay. If you could, I

would appreciate that.

INFORMATION REQUEST

COMMISSIONER LOCKHART: Essentially the 2017, 2018,

2019, those amount represent losses, is that correct?

MR. LAYTON: A It essentially represents that we had

what I will call minimal sales during those periods.

So they are not losses per se, they are variances to

plan. So we planned to achieve 10 million in sales

and we didn't and so it essentially represents that

variance plan, which is most of the plan.

COMMISSIONER LOCKHART: So if that $10 million started

out in 2015, then by 2017 we would have had $30

million you were expecting, and the fact that you've

got $28 million means there were $2 million in sales?

MR. LAYTON: A Yes, I think that's about correct, yes.

COMMISSIONER LOCKHART: I see. And so then in 2019

when we've got $49 million in there, that was kind of

a net of $1 million in sales?

MR. LAYTON: A No, slightly more than that, but there

has been interest on that account which is why it's at

49 million. So there are a few million more in sales

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than that.

COMMISSIONER LOCKHART: And then in fiscal '20 $42

million. So you're expecting that you will have

achieved some more sales to reduce that balance.

MR. LAYTON: A Yeah, and we have achieved some sales in

fiscal '20. I don't have an up-to-date figure, but Mr.

Leonard coming up in Panel 4 will be able to provide

you with a pretty up-to-date number on that.

COMMISSIONER LOCKHART: And how -- this represents

sales of land as opposed to building, is that right?

MR. LAYTON: A Correct.

COMMISSIONER LOCKHART: And most of the properties have

buildings on them? Or is that too general a comment?

MR. LAYTON: A I'm not sure. Again, I think Mr.

Leonard can help you there. He's got the familiarity

on all the properties on that list.

COMMISSIONER LOCKHART: What actually constitutes a

loss? It's a loss on the initial price that was paid?

MR. LAYTON: A It would be a loss on whatever the

value, the original cost was. So on just a piece of

land that doesn't have anything on it, it would just

simply be whatever it was acquired for. If there were

assets on that land, it could become more complicated.

COMMISSIONER LOCKHART: Except this doesn't represent

any of the assets, or losses on the assets. It's just

the losses on the sales of land?

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MR. LAYTON: A Well, this just represents the fact that

we've have variances to plan on the sales of land.

So it's essentially saying we haven't had the gains

yet. We're just still working through trying to get

those 100 million gains.

COMMISSIONER LOCKHART: How do you determine that, even

though you have had years of losses against plan, that

suddenly something is going to happen and now we're

going to expect gains? How does that come about?

MR. LAYTON: A I think, as I mentioned before earlier

this morning, it hasn't been a fast uptake to get

these sales. I think we acknowledge that. We would

have liked to see them come more uniformly and come

sooner, but for the same reasons we talked about

before, whether that's environmental remediation,

whether it's preparing the properties for sale,

whether it's the market conditions, whether it's

consultations with First Nations, all of those factors

have meant that we haven't had the sales occur as fast

as we would have liked.

What I said this morning was that we're

absolutely committed to that plan and therefore we're

committed to it by the end of fiscal '24 we will

achieve those sales. And so I think the passage of

time has helped us prepare those properties and now we

are still committed to being able to achieve those

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sales by the end of Fiscal '24.

Proceeding Time 1:21 p.m. T47

COMMISSIONER LOCKHART: All right, thank you.

THE CHAIRPERSON: Can I just ask a follow-up question?

MR. LAYTON: A Sure.

THE CHAIRPERSON: Given what you've just said, do you

think it's fair to say that continuing this strategy

puts the ratepayer in at least some risk that the

losses will continue?

MR. LAYTON: A I think that's fair. Again, our

commitment is to make sure that we achieve our

commitment of $100 million, but I think your comment

is fair, yes.

THE CHAIRPERSON: Thank you.

COMMISSIONER MASON: Okay. Mr. Layton, I'll give you a

break and as Ms. Ryan a couple of questions. I'll be

back to you of course.

MR. LAYTON: A Okay.

COMMISSIONER MASON: Hopefully a fairly easy question.

Ms. Ryan, you mentioned in your earlier testimony that

BC Hydro is adjusting its hiring of apprentices

because of the delayed retirements of some employees

and perhaps receive lower demand in the short-term.

I'm wondering if you can explain – perhaps I missed it

last time – how you're going to be sure that in a few

years' time BC Hydro doesn't have a shortage of

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qualified employees that could have been taken on as

apprentices in the test period?

MS. FRASER: A Maybe I'll start just with a high-level

comment. The apprentice program is actually managed

and administered through our safety and chief

compliance office group, so not under human resources.

But human resources is very much involved in that

process as well are the operations groups who actually

take on those apprentices.

And the process that occurs every year is

that there is an analysis and discussion of the

apprentice program, what the resources are required in

the different operations groups for powerline

technicians and et cetera. And what happens is the

group that's responsible for the apprentice program

works with our operations group and the human

resources group to determine, you know, what we should

do from an intake perspective. And they do go out,

subject to check, it's five or ten years out, and so

they are thinking very long-term in terms of --

long-term for what the resource requirements are.

COMMISSIONER MASON: Thank you.

MS. FRASER: A Does that help?

MS. RYAN: A Yeah, that's helpful. Sorry, I'm quite

new to BC Hydro and it's just -- it's not in my area,

so it's something I've just been learning, so I

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apologize. And thank you to Janet.

COMMISSIONER MASON: No, no. Thanks, Ms. Fraser.

On Tuesday is response to a question from

Mr. Ince, I believe, Mr. O'Riley mentioned that there

had been some incidence of bullying and harassment,

including sexual harassment at BC Hydro. In addition

to any of the harm done to the victims themselves,

there's obviously a risk of harm to BC Hydro as a

corporation, whether it's financial, reputational and

so on. Mr. O'Riley made mention of a code of conduct

manager and of potentially external investigations

when appropriate.

I'd just like to understand the process by

which accusations, whether it's from a victim or from

a whistle-blower, are handled at BC Hydro these days

and how the various parties -- what the various

parties do in their respective role?

MS. FRASER: A Sure. I can respond to that. We have a

merits and ethics office and officer that reports

directly to myself. So is separate from the human

resources group and intentionally so to maintain some

separation there, not unlike an internal audit group.

And we have a Code of Conduct. We also have a

respectful workplace policy, and we have a merit based

hiring practice.

The role of the merit and ethics office is

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to hear employees' concerns and inquires around those

three things. When an individual is feeling as though

they are being treated unfairly, or they are being

treated in a way that is unwelcome or inappropriate,

they have a couple of different options on how to

reach out.

Proceeding Time 1:27 p.m. T48

We have an anonymous line where people can

phone and get advice anonymously. They can contact

our ethics office directly. We also tell them that

they should talk to their manager or if they're not

comfortable talking to their manager, maybe go to

another manager within the organization and lastly, to

talk to their HR business partner.

So we have a lot of information on our

internal website that tells employees how they can

reach out if they are subjected to any kind of

inappropriate behaviour.

When it reaches the ethics office and

becomes and official complaint two things can happen

depending on what the complaint is. It can either be

dealt with through an internal investigation through

the human resources business partners or it can go to

an external investigation and it is the ethics officer

that determines which route it will go.

For all matters of sexual harassment, they

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go through an external investigator, and we have two

of them that are on contract to do this work. They

have this set process they go through independently.

We receive a report and the investigator tells us

whether or not they have found in favour of the

complainant or the respondent, and then management

then determines what the consequence is. And in

sexual harassment cases the final decision makers are,

in all cases, myself and Mr. O'Riley.

COMMISSIONER MASON: Okay, thank you. So when the

results of an investigation come, you said, "they come

to us" that means the -- which group is "us", sorry?

MS. FRASER: A So, it's set out in our policy who

precisely it goes to. So the investigation report

will go to the chief human resources officer, will go

to -- well, it comes to the ethics office, then it's

distributed to the chief human resources officer, the

executive in charge of that particular area and then a

copy comes to myself and Mr. O'Riley.

COMMISSIONER MASON: Is this process anonymous as far

as the complainant or whistleblower is concerned?

MS. FRASER: A So, if a complainant comes forward they

agree to the investigation and so the respondent will

know, you know, that the investigation is going on.

They will be -- it's separate from a whistleblower.

COMMISSIONER MASON: Okay, so they're two separate

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processes for you?

MS. FRASER: A Two separate.

COMMISSIONER MASON: Okay.

MS. FRASER: A You can do something anonymously and

therefore that person, the whistleblower, is not

identified by anyone but, you know, we encourage

people to come forward and it's -- for the

investigation, if you can identify specific incidents

that have happened, that is more efficient in getting

to the root of the problem.

COMMISSIONER MASON: You haven't mentioned the legal

department in any of your description. Is that

because the investigations, whether anonymous or not,

are conducted entirely by these independent experts?

MS. FRASER: A Yeah, and they are lawyers who actually

carry out the investigations and it is completely

separate.

COMMISSIONER MASON: Understood.

MS. FRASER: A When the report comes in and we're

determining what action we're going to take, we would

obviously involve our internal employment law experts,

depending on the course of action we were taking.

Proceeding Time 1:31 p.m. T49

COMMISSIONER MASON: So, would you characterize these

investigations then as fact finding?

MS. FRASER: A Yes. Fact finding, and then the

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investigators use their techniques to determine

probabilistically who they -- what fact they think is

the accurate fact. So it's a balance of

probabilities.

COMMISSIONER MASON: Do they tend to look -- not tend

to. Do they just look at the specific circumstances?

Or do they make comments also on beyond that, in terms

of BC Hydro's culture? Because I think that was the

context where Mr. O'Riley was making his comments.

MS. FRASER: A There have been reports where they do

make some other general observations. But it tends to

be focused on exactly the specifics that the complaint

is about.

MS. RYAN: A If I could add, it is an area where we in

human resources are focusing on going forward around

inclusion and diversity and making sure that everyone

feels safe and comfortable to bring their whole self

to work, and there is a number of initiatives such as

Bystander training that we are supporting to ensure

that we have a safe and holistic culture that everyone

feels welcome.

COMMISSIONER MASON: Great. Thank you. I think I have

-- oh yes, one more HR question, if I may, or HR

related. In the application, and I think you've

referred to this in testimony, BC Hydro estimates

savings of $8.2 million a year from the repatriation

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of certain tasks from Accenture.

So my question concerns how we can have

confidence that those savings are sustainable.

Firstly, as a background question, is it reasonable to

assume that the tasks or the work that you've

repatriated, you're doing the same work now that

Accenture was doing? So it is comparable?

MS. RYAN: A Yes, so that was in customer service, HR,

finance, payroll, and IT, yes. All of that was

brought back in to be done by --

COMMISSIONER MASON: So they are doing basically the same

work?

MS. RYAN: A Yes.

COMMISSIONER MASON: So what I'd like to understand is

how those savings were achieved. So for example, were

they achieved because the costs per person are lower

in BC Hydro than they were in Accenture? Or are you

more efficient than Accenture because you are doing

the same work with fewer people? Or is it some other

factor which is reducing the cost?

MS. FRASER: A Well, I can comment on the customer

service group that was brought in, that that was the

largest group, it was our contact centre. And we are

achieving savings for a reduction for sure in

management roles, because we don’t have to manage our

contract anymore.

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As well, and I'm just some high-level

examples, is in the contact centre, we are able to be

more flexible with the resources that are working

there. So, for example, we get a lot of questions

related to electric vehicles, and that wouldn't have

been covered before, and now we can just have our call

centre representatives -- you know, also some of them

answer those questions. So, we are able to be more

flexible in how we're using the resources that we

have, and those are just a couple of examples for the

contact centre.

COMMISSIONER MASON: But they speak to efficiency I

think in the term that I asked?

MS. FRASER: A Yes.

Proceeding Time 1:36 p.m. T50

COMMISSIONER MASON: Okay, thank you. In the same

section of your application, I think it was 5.6, you

say that you do expect standard labour rates to

increase over the test period. So I’m not asking for

an estimate of numbers, but wouldn't that suggest that

the savings could be eroded during the test period and

beyond?

MS. FRASER: A I'm sorry, are you asking back to the --

COMMISSIONER MASON: From, sorry, the savings from the

repatriation. Yes, sorry. It was all about that.

MS. FRASER: A The standard labour increases in the

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test period are related to the salary increases that

we've chatted about, the employer health tax which

will be applied across for every employee and then

just inflationary increases related to the benefits

plans that we have.

So I think the savings for the Accenture

are already part of that wholistic picture.

MR. LAYTON: A Yeah, and I'll just expand to hopefully

answer your question as well, Commissioner. I think

that it's true that the employees who have repatriated

will see salary increases through higher standard

labour rates in the future, but I think generally when

we have contractors, we see the same thing, which is

to say that most costs tend to increase with inflation

over time and therefore whether insourced or

outsourced, that's a pressure probably either way.

How it actually gets experienced, the deltas and so on

can differ, but it's not something that we avoid by

outsourcing. It's an issue in either situation.

COMMISSIONER MASON: I appreciate it's only an

estimate, but your estimate was the same savings in

each year and I was thinking if your costs are going

up, you must be becoming more efficient to overcome

the cost savings. Okay. Thank you.

And while I have your attention, Mr.

Layton, I do have one more final financial question.

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It relates to interest expense costs, and this came up

yesterday. I believe it was Mr. Keen who was

referring to a response that you'd made to one of

their IRs. It's response -- BC Hydro's response to

AMPC IR 1.4.2.2, and you had an attachment and it's

probably not necessary but absolutely fine if you

wanted to find that. It's got a list of debt

instruments, outstanding bonds, Canadian dollar bonds.

The question is, as an example, line 2 of

that table shows a bond that's nearly $600 million in

outstanding debt. It was issued in September 1990,

coupon rate is 10.6 percent, which I think we would

agree is considerably higher than current interest

rates on bond debt.

In that table, in that IR response BC Hydro

showed that those interest costs of, I think, 63

million in fiscal 2020, 27 million in 2021. So that's

over $90 million in interest costs just on that one

bond.

It expires in September 2020. So I

appreciate it doesn't have long to live. But that is

a very large amount of interest to be paying on a

bond. Is it something that -- well, I suppose the

first question is, are those interest costs real costs

to BC Hydro in the two fiscal period referred to

there?

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MR. LAYTON: A Yes, absolutely. That is the bond and

the interest rate that's applicable related to that,

yes.

COMMISSIONER MASON: Okay. Is there no way, or has BC

Hydro found some way to offset those interest costs?

Is it not possible to retire the bond? I'm not a

financial expert, but it does seem that there is a

very large amount of interest being paid there.

MR. LAYTON: A Yeah. Well, specifically I haven't

looked personally into whether we could retire this

bond, knowing once you enter into long-term debt at a

fixed rate, particularly as interest rates change and

fall like this, it becomes very difficult. Often in

order to get out of that you're going to need to pay

up the present value of all the interest that you

would need to pay in the future. There might be some

discount associated with that.

So historically I don't believe BC Hydro

has gone through and look at retiring the debt early

and paying the penalty costs. And certainly that

would be a -- on that current basis, a big shock to

expenses in order to do that. So that's the situation

from that perspective.

COMMISSIONER MASON: Okay. So there's no provision

within the bond itself to retire it obviously without

buying it back at the present value.

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MR. LAYTON: A Yeah. Highly likely there'd be a

significant penalty essentially to retire the bond

early.

COMMISSIONER MASON: Okay. Great. I think that

answers my question, thank you.

THE CHAIRPERSON: Thank you. A question for Mr.

Morison. I'm looking at these capital projects in B-

29, and in particular on page 4, the next generation

desktop. I think you talked a little bit about that

yesterday.

MR. MORISON: A Correct.

THE CHAIRPERSON: And that's to upgrade roughly 9,000

personal computers and upgrade them to Windows 10 and

the newer version of office.

MR. MORISON: A That's right.

THE CHAIRPERSON: Is that right? And it says the

capital cost range is 6.3 million to 11.1. You don't

have any tighter estimate than that? It's --

MR. MORISON: A Our current forecast is $12.7 million.

THE CHAIRPERSON: Right. So when I do the math on

that, it seems like that comes to, I don't know, $1300

dollars a machine, something like that.

Proceeding Time 1:41 p.m. T51

MR. MORISON: A Correct.

THE CHAIRPERSON: Yeah. That seemed like a lot to me,

and I realize I might be off base, but I just wondered

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if you had any comments and can you assure me that

it's not.

MR. MORISON: A Yeah, it does seem like a lot at first

blush. You have to recognize that those are 9,000

laptops generally held by individuals that have to be

completely reimaged. Many of them have different

applications on them, so we have to progression test

that in reimaging to ensure that the new operating

system doesn't break any of the applications that are

on those machines.

THE CHAIRPERSON: Right, but you don't have to

regression test every single machine, you just have to

regression test every application against the --

MR. MORISON: A Every application, but many machines

will have a unique set of those applications so we

found that -- I think the original estimate was under

$10 million and that rose to over 12, primarily for

two reasons -- well three reasons. One was that we

had more work to do on the security to make sure that

the security was good on those machines with the new

operating system. The second one was that we found

that many of those laptops needed higher touch for

reimaging than we thought. So TELUS is our service

provider reimaging those machines, they have to go and

actually physically touch those machines to reimage

them.

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And the third one was we had an upgrade of

the operating system mid-way in that project so we had

to actually upgrade the machines involved. So that

all in all brought that cost up to $12.7 million.

THE CHAIRPERSON: Okay, thank you. Thank you very

much.

MR. WONG: A Just to let you know, there's a lot of

pressure from my perspective and looking at these

costs as well and --

THE CHAIRPERSON: Okay.

MR. WONG: A -- presents to the executive team on these

things, so we do allow them to push on it.

THE CHAIRPERSON: I understand, thank you. A couple of

questions for Ms. Fraser. I don't have the transcript

reference here but I believe that yesterday you

mentioned in a longer list of things that one of the

items that pay incentives are tied to or are

associated with are rates. Did I hear that correctly?

Keeping rates low, I think, is what you may have said.

MS. FRASER: A Yes. And it was, I believe, mentioned

this morning too. So our service plan scorecard

contains a metric of achieving first quartile for

residential according to the Hydro Quebec report and

so the service plan contains a number of metrics,

that's one of them, and how we achieve all those

metrics is used for holdbacks for the corporate

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portion of the holdback.

THE CHAIRPERSON: But basically the metric is whether

you match or come in below Hydro Quebec's rate?

MS. FRASER: A It's whether you're in first quartile or

not, yeah.

THE CHAIRPERSON: Right. So if government comes along

with a direction to us to set rates at a certain

amount or not increase rates so that that aligns it

with -- and then orders a rate smoothing account, do

your employees still get the benefit of that

incentive?

MS. FRASER: A They would. They would still get the

benefit. And remember, the holdbacks, I believe Ms.

Ryan said, it's 1 percent of the employee population

that get those holdbacks.

MS. RYAN: A That's correct.

THE CHAIRPERSON: Understood. But your executive team,

for example, gets --

MS. FRASER: A Yes.

THE CHAIRPERSON: So that could be described as a bit

of a windfall from a government decision then, one

could describe it that way, couldn't one?

MS. FRASER: A If they're setting rates to ensure that

-- or if they're making directions to ensure that our

rates are actually in the first quartile, then that's

beneficial from a perspective of the amount of

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holdback.

THE CHAIRPERSON: Right, but you don't have to manage

costs to those rates though. During the rate

smoothing period or during the ten-year rates plan

rates were set but you didn't have to manage cost of

those rates because there was a rate smoothing

deferral account in which costs went. So you're still

getting the benefit of the incentive, presumably,

assuming that those rates put you in that quartile.

You would still get the benefit of the incentive

without having to do the managing costs part of it?

MS. FRASER: A Yeah, so during the rates plan period we

were managing costs to the rates plan.

THE CHAIRPERSON: Okay, and that's what the incentive

was based on then?

MS. FRASER: A No, the incentive was still based, you

know, on the one -- on that metric. But internally we

had to, for government, meet the rates plan.

THE CHAIRPERSON: Understood.

Proceeding Time 1:46 p.m. T52

MS. FRASER: A And, you know, there were times during

the -- especially when we saw some closures early on

in the forest industry, that we really had to make

some tough decisions internally to stay on the rate

plan, because that was our commitment to our

shareholder, was to stay on that rates plan, and so we

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were definitely managing, you know, costs internally

to keep them as low as possible.

THE CHAIRPERSON: But is it fair to say though that --

let's say -- to simplify this let's say there's two

components to the ten-year rates plan. One is the

costs the government asked you to manage to, and the

second are the rates that government ordered us to

impose or to approve.

So if they had only done the former and not

the latter, then -- and there had been no deferral

account, then rates may have been higher and you may

not have been in that quartile and you would then not

have gotten --

MS. FRASER: A Correct.

THE CHAIRPERSON: Okay.

MS. FRASER: A Correct.

THE CHAIRPERSON: You would agree with that?

MS. FRASER: A Correct.

THE CHAIRPERSON: Thank you.

MS. FRASER: A Depending on what was happening with the

other utilities in that survey.

THE CHAIRPERSON: Understood. Yeah, all else equal,

yeah. Thank you.

MS. FRASER: A Yeah.

THE CHAIRPERSON: Again this came up yesterday and it

was a discussion of BC Hydro's electrification plan,

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and I think you brought this up as an example of a

project, and that was promoting the use of electric

vehicles.

MS. FRASER: A Mm-hmm.

THE CHAIRPERSON: Now, I don't want to pick on that

particular project, but you did bring it up, so let's

use it as an example then.

MS. FRASER: A Yes. Sure.

THE CHAIRPERSON: So this is then a project that you

consider part of the electrification plan. It's not a

DSM project, is that correct?

MS. FRASER: A Correct.

THE CHAIRPERSON: Okay. So this is similar to a

question I asked Mr. O'Riley the other day. Do you

keep track of these costs separately or are they just

buried in your -- somewhere in your overall budgets?

MS. FRASER: A So the way they would be tracked is, as

an example, if we take a public awareness campaign

that perhaps we're doing for electric vehicles, I

think we called the last one Dave's Getaway.

THE CHAIRPERSON: Okay.

MS. FRASER: A And --

THE CHAIRPERSON: Not after me I don't think, right?

MS. FRASER: A No, no. And those costs would have been

an initiative that would've arisen out of the

communications department. So the communications

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department would have a business plan and within that

business plan they have different initiatives for

electric vehicle public awareness. And they would

have a budget for that specific initiative, but it

would be included in their overall operations budget.

But they would know below that what the budget was.

THE CHAIRPERSON: So when developing that budget then,

presumably that comes out of a business case of some

sort for this program.

MS. FRASER: A Mm-hmm, the business plan for

communication.

THE CHAIRPERSON: But the overall program, like the

amount of money that you're going to spend on whatever

this particular promotion for an electric vehicle

program is, you're going to spend a certain amount of

money on it and as a result of that you're going to

achieve some incremental amount of electrification.

MS. FRASER: A Yeah.

THE CHAIRPERSON: So somebody presumably would put

together a business case with the costs and the

revenue targets, I'm assuming. Is that a correct

assumption?

MS. FRASER: A Well, so for the low carbon

electrification programs in the DSM, we do that.

Currently for electric vehicles we do have an overall

plan for the different things that we're doing. I'm

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just not quite sure if it's detailed at the level

that, you know, you're referring to.

THE CHAIRPERSON: Well, from my perspective, you know,

the way I look at this is that BC Hydro, from what

I've heard over the last few days, is involved in a

number of activities involving increased

electrification, or low carbon electrification, or

whatever it may be called. And, you know, that's a

good idea and, you know, obviously there are economic

benefits and environmental benefits that will accrue

from that program.

Proceeding Time 1:51 p.m. T53

So I don’t have issues with doing those

activities, but one can do an activity not well, and

one can do an activity well. And one can spend an

awful lot of money on an activity and not get the

benefit either environmental or economic, or one can

do it a different way and get good benefits from it.

So my concern is before going into an

activity like this, what do you do? I mean do you

have targets? Do you look at the costs and benefits?

How do you weigh one against the other? Do you inform

the Commission that that's what you're doing?

MS. FRASER: A Well, we don’t have any targets for low

carbon electrification. We are anticipating that the

decisions that come out of the comprehensive review,

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phase 2, will advance that discussion.

So, the answer to your question is, for --

overall we don’t have a target, and we could get there

once we understand what's in that report, and how BC

Hydro is looked at in terms of delivering on the

provincial CleanBC plan. But we are advancing

specific initiatives ahead of that because of the

customer demand.

So there have been some low carbon

electrification projects. For example, in the oil and

gas sector where there is a business case where we

have to get to a specific net present value. But

there are other initiatives and I would call them more

on the communications side, where it's maybe not as

detailed in terms of the business case around it.

But most of it is centered in the demand

side management program as well, and on some of our

capital projects like PRES, so there are specific

business cases.

THE CHAIRPERSON: So I understand that there is DSM,

that you treat that differently and there is different

evaluation methodologies and so on, I get that. But I

guess my overall question, and it may be rhetorical,

but the question is, how should the Commission

evaluate these programs? The non-DSM programs. If

there is no clearly defined cost and benefit analysis,

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and all it is is a spending on a program, and we have

no idea what benefits are expected to accrue, or

planned to accrue. How can the Commission evaluate

that kind of spending?

I mean, we can evaluate spending in other

program areas, because the objectives are a little bit

clearer. Keeping the lights on, for example, keeping

the vegetation maintained, those are a little more

straightforward. But these are highly speculative

spending programs, and there is risk involved with

them, but that can be factored into an analysis. But

there has to be a basic analysis there to begin with.

MS. FRASER: A Yeah, and I think that -- and I know it

is after the RRA, but we will have those targets I

believe going forward, and be able to demonstrate if

they are not part of DSM.

But if you were to look at specific -- for

example, the electric vehicle public awareness

program, when we do that as well as our safety public

awareness, we use a metric that is our customer

satisfaction, and our reputation scores as well, so

those are our internal measurements.

I think that if the Commission had specific

spending in the RA that if you were concerned about,

perhaps let us know, and then there may be some form

of business case that could give you that information

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that you need. But the last couple of days we have

been talking quite high level, but if there was a

specific area --

Proceeding Time 1:56 p.m. T54

THE CHAIRPERSON: I'm not pointing to a specific program

or a specific concern, it's more of a general -- a

general --

MS. FRASER: A Yeah, and I take your point that at some

point, you know, we'll have a target and we'll be

working towards that and we'll better understand what

areas of reducing greenhouse gas emissions BC Hydro's

role will be going forward.

THE CHAIRPERSON: Thank you. Thank you, Ms. Fraser.

MS. FRASER: A Yeah? Okay.

COMMISSIONER FUNG: Maybe, Ms. Fraser, I can just

follow up on Chair Morton's questions with respect to

electric vehicles. I'm just wondering, is there any

discussion underway at BC Hydro currently about

bringing on an application to the Commission relating

to investment in the electric vehicles or the electric

vehicle charging stations?

MS. FRASER: A So there was the enquiry of the electric

vehicle charging and so BC Hydro would like to have

eventually a rate for that.

COMMISSIONER FUNG: But right now, currently, in the

application your spending on electric vehicle public

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awareness or , it's elsewhere contained in the

application in different places. Is that correct? In

terms of the actual expenditure? There's no specific

line item that says electric vehicle program.

MS. FRASER: A Correct. Correct.

COMMISSIONER FUNG: And do you regard that as just part

of your strategy to deal with low carbon

electrification?

MS. FRASER: A Well, a couple of things, and I’m glad

you asked because I was thinking about something else

after my discussion with Commission Morton. There is

great electrification opportunities in transportation,

electric vehicles, and a couple of things. That helps

us achieve load growth. Second of all, it helps

reduce greenhouse emissions. Third, you know, our

customers' expectations around who they go to to get

information around electric vehicles, they want to be

able to come to BC Hydro.

And so all of those things are wrapped up

in why we do these programs and -- so.

COMMISSIONER FUNG: Okay, thank you. Now, Ms. Ryan, I

just want to follow up on Commissioner Mason's

question to you about the anti-bullying and anti-

harassment, including sexual harassment initiatives

underway at BC Hydro. I understand from your

introduction that you worked at WorkSafeBC previously.

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MS. RYAN: A Correct, yes.

COMMISSIONER FUNG: So you are well aware that there

are obviously requirements now for a company to have

policies in place addressing those issues.

MS. RYAN: A Yes.

COMMISSIONER FUNG: Now, we've heard earlier from Ms.

Fraser that there's been various incidents and in fact

we heard this from Mr. O'Riley involving that sort of

behaviour at BC Hydro. I'm just wondering to what

extent that's now been elevated as a risk the

organization needs to address and if so, what exactly

is being done to address it on a systematic basis as

opposed to an investigation by investigation, you

know, private confidential results that are not

disclosed to anybody.

MS. RYAN: A Good question. So I think where it came

up in Mr. O'Riley's comments was that it was on our

risk register around workplace culture and that's what

the Commission was asking about and that's how that

conversation came up. So it is something that we have

raised to that level of insuring that the board and --

that we are looking at that as a whole and it's

something that I have to report on every quarter in

front of the HR committee of the board of directors.

We are -- our team is partnering with the

executive team and the managers throughout the

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organization to look at that issue systemically. So

some of the things that we're pursuing is we're having

a workshop in February to talk to all of our leaders

of the executive team at BC Hydro to ensure that we

have -- that we're all united and consistent on the

direction that we want to take with respect inclusion

and diversity. We are partnering with our unions in a

governance. We meet every month in a workplace, a

respectful workplace sort of task force, that we are

meeting to ensure that we are on the same page and

that we are holding employees to account together,

that we're partnering on that issue because it is a

serious issue for all of us.

And we are looking at training for our

leaders throughout the organization, as well as

employees. I mentioned the bystander training.

Proceeding Time 2:02 p.m. T55

So we are looking at ways to ensure that

everyone knows that they can speak up if they see

something that isn't what we would expect in the

workplace. And each people leader throughout the

organization has a year specific objective around

making BC Hydro a more inclusive and psychologically

safe work place and the requirement to have that

objective has led to a lot of interest and lot of

invitations from my HR team to come and speak on the

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topic, educate, train and enable employees and the

people leaders to do things to work toward a more safe

culture in that regard. It's a bit initiative for us

this year.

COMMISSIONER FUNG: And does that get reflected in the

variable compensation or the holdback on either a

personal level or a corporate level?

MS. RYAN: A It would only show up in an individual

level based on those performance metrics that the --

remember, the holdback is only for the senior people

and that they would set that as a target for their own

performance goals for the year.

COMMISSIONER FUNG: Okay, thank you. Now, Mr. Wong, I

just have one question and clarification perhaps. You

and I had an exchange on the first day, I believe, and

it's at transcript 445. I don't think you need to

refer to it because I can tell you what it was, sir,

with respect to what your understanding was about what

the accounting best practice or the industry best

practice is with respect to the requirements to have

regular depreciation studies.

And then somewhat to my surprise, because

your answer was -- well, you didn't directly answer my

question. What you said was that it's based on your

review as a professional of whether or not there's

been changes or substantive changes in the life cycle

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or the asset life of various classes of assets.

And then when Mr. Keen in Exhibit C-11-21,

which he filed yesterday I believe -- and there's a

depreciation study that was done in 2005 by, I

believe, an expert on behalf of BC Hydro called Gannet

Fleming and that was the last depreciation study, I

believe, that was done at BC Hydro.

And then I turned to the bottom of page 9

of 454 and I see, lo and behold, a recommendation

that, "complete depreciation studies which re-evaluate

the depreciation parameters should be performed every

three to five years." Do you disagree with that

recommendation?

MR. WONG: A I don't disagree with the recommendation.

I just believe that it's a -- well no, I don't

disagree with the recommendation. It's something that

a utility could undertake to validate its depreciation

rates that it has.

COMMISSIONER FUNG: And that was known or at least made

explicit in 2005. So do I take it that the reason

that BC Hydro has chosen not to do that, contrary to

this recommendation, is simply what Mr. O'Riley and

both and you and yourself -- and Mr. O'Riley have both

said which is it's a matter of rationalization of

resources and the Commission simply has not directed

you to do one.

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MR. WONG: A That was correct. The cost savings, cost

consciousness of the organization and looking at the

various things that we need to do, we felt that that

was one thing based on our experience of our assets

that we didn’t think added value to our financial

review, relative to everything else we wanted to do in

the company. And so that is absolutely -- that was a

decision taken and made my management.

COMMISSIONER FUNG: But I guess, and it's easier to say

that in hindsight, it's now 15 years later. Would you

agree that it's timely for BC Hydro to undertake a new

depreciation study? Particularly given the changes in

assets that you've experienced recently, particularly

in terms of technology advances, Site C, your aging

assets?

Proceeding Time 2:06 p.m. T56

MR. WONG: A Yeah, no, certainly I am not disagreeing

that there was value in doing a depreciation study,

and something at some point we would like to

undertake. It's just the matter of if we want to

manage our costs, and taking a look at all the things

that we have in front of us to do, that wasn’t the

most highest priority thing for us. At some point

absolutely, we should be doing a depreciation study

again.

COMMISSIONER FUNG: Thank you.

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THE CHAIRPERSON: Thank you. Mr. Miller?

MR. MILLER: I believe Mr. Quail had a follow up question

to an issue Commission Mason raised

THE CHAIRPERSON: Sure. Please go ahead, Mr. Quail.

CROSS-EXAMINATION BY MR. QUAIL (Continued):

MR. QUAIL: Q Yes, just to sort of finish up the

picture in terms of bullying and harassment. Is it

not the case that these situations can trigger

grievances arising under the collective agreements

where there is bargaining members involved?

MS. FRASER: A Correct.

MR. QUAIL: Q And that might involve either an alleged

violation of the employer obligation to maintain a

harassment free workplace, or if there is

consequential discipline to a bargaining member that

could also be the subject of a grievance, either of

those for example might arise?

MS. FRASER: A Correct.

MR. QUAIL: Q And potentially in either of those

circumstances could give rise to an arbitration which

could result in damages, reinstatements in the case of

discipline and other remedies?

MS. FRASER: A Correct.

MR. QUAIL: Q The issue of WorkSafeBC has already been

referred to, I was going to mention that, but it can

also under some circumstances, these situations can

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trigger proceedings before the Human Rights Tribunal,

is that not the case?

MS. FRASER: A Correct.

MR. QUAIL: Q Okay, so just finishing up the picture on

that question.

THE CHAIRPERSON: Thank you, Mr. Quail. We have

another question.

COMMISSIONER LOCKHART: Sorry, I just have one more

follow up question for Mr. Wong in terms of the

depreciation study. I gather from everything we've

heard so far, that but for a direction from BCUC, BC

Hydro is unlikely to initiate a depreciation study?

MR. WONG: A That's correct. We don’t -- well, we

don’t have in our current plan related to what the

finance team is going to do, as a depreciation study

in our, let's say the next couple years plan, business

plan.

COMMISSIONER LOCKHART: Thank you.

COMMISSIONER FUNG: Now I have a follow up question.

Surely, Mr. Wong, you are not telling me that as a

utility management executive that you rely on the BCUC

to tell you what you ought to be doing as a prudent

operator, and a manager of assets?

MR. WONG: A No, absolutely not, and like I said, I

think it's something that we will be doing, it's just

a matter of the timing associated with that. And so I

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think I mentioned earlier, we do have the return on

capital process we are going to go through. We have

got the performance based ratemaking process that

we're looking through. And those are two heavy things

on our finance team. As well we will be soon coming

up to the next RRA process, and then supporting the

IRP.

So when I look at those four collective

things that we need to do as an organization, and the

impact on the finance team, When I add depreciation

study into that, amongst everything, of course, are

the regular day-to-day things that need to be done.

It is just the load of work. And so I do not

disagree. A depreciation study is a valuable thing to

do. It's just a matter of when to put that in a

timing relative to everything that we need to do.

COMMISSIONER FUNG: Thank you.

THE CHAIRPERSON: Mr. Ghikas, do you have any re-

examination for your panel?

MR. GHIKAS: Not re-examination, but I did have -- we

located in the record the information that

Commissioner Lockhart was looking for, so I can just

provide reference to the information, and then if you

have any follow up questions, please feel free.

THE CHAIRPERSON: Sure.

MR. GHIKAS: So, the questions were with respect to the

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list, we were talking about the real property sales

regulatory account, and so there is a list of property

sales to date, including net proceeds from those

sales, found in confidential attachment 1 to BCUC IR

3.299.7, and you'll see when you go to that --

obviously it's confidential, because we don’t want BC

Hydro's market position on these things to be

revealed.

Proceeding Time 2:11 p.m. T57

But I can say in this forum that BC Hydro

hasn’t sold any of those properties at a loss. So

what that account is recording is they were

forecasting gains of a particular amount and they've

-- the gains that they've achieved are lower than the

gains that they were anticipating. It's not a loss in

any of those circumstances.

The other one was with respect to the

fiscal '15 and '16 account balances for that

regulatory account. That is found in Appendix A to

the application and it is found in line 143 of

Schedule 2.2, just for the record. And I can give you

the amounts. In Fiscal '15 the amount was 7.9 million

and in Fiscal '16 the amount was 17.7 million.

And that concludes all I had to say. So

unless there were follow-up questions based on that, I

think we're finished.

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COMMISSIONER LOCKHART: I think I will have follow-up

questions, but I need time to digest and it may be

that they end up being Panel 4.

MR. GHIKAS: Yes. And, again, it was correct that if

there are specific questions about the properties

themselves, the Panel 4 would be the place to go.

THE CHAIRPERSON: All right, so thank you, and unless

there's anything else for the panel I'd like to say

thank you very much. Your answers have been very

helpful. Hopefully it hasn’t been too grueling for

you and I hope you enjoy the rest of the day. Thank

you very much again.

(PANEL ASIDE)

THE CHAIRPERSON: We'll take our break now while the

next panel gets organized. So let's go until twenty-

five after. Mr. Ghikas, is that enough time for you

or do you want to go till 2:30?

MR. GHIKAS: No, that should be fine.

THE CHAIRPERSON: Twenty-five after. Okay, thank.

(PROCEEDINGS ADJOURNED AT 2:13 P.M.)