FEI-FEVI 2010 EEC Report filed March 31, 2011 - FortisBC

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CONFIDENTIAL
NEGOTIATED SETTLEMENT AGREEMENT
TERASEN GAS INC.
DATED THURSDAY, NOVEMBER 5
F. On October 2, 2009, the Commission issued Order G-119-09 establishing a Negotiated
Settlement Process (“NSP”) for the Application; and
G. The Parties to the NSP were TGI, British Columbia Old Age Pensioners et al. (“BCOAPO”),
Commercial Energy Consumers Association of British Columbia (“CEC”), Teck Coal Ltd.
(“Teck”), and the Ministry of Energy, Mines and Petroleum Resources (“MEMPR”)
(collectively referred to in this Agreement as the “Parties”); and
H. At the outset of the NSP on October 21, 2009, Commission Staff provided the Parties with a
document prepared by the Commission Panel titled “Issues of Particular Concern to the
Commission Panel”, a copy of which is appended as Appendix 1 to this Agreement; and
I. The NSP was held on October 21-23, 30, and November 3 and 4, 2009; and
J. The Parties have negotiated in good faith to achieve a compromise settlement, reflected in
this Agreement, of the issues raised by the Application, and the Commission Panel
document referenced in recital H above, and further consider the Agreement reached to be
fair, just and reasonable; and
K. This Agreement consists of four Parts:
Part I includes general provisions;
Part II includes the items agreed to that differ from what was requested in the
Application;
Part III includes the items agreed to that remain as proposed by TGI in the Application;
and
Part IV includes revised financial schedules reflecting all items set out in the Agreement.
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS
PART I – GENERAL
1. Agreement a Product of Compromise
APPENDIX A
to Order G-141-09
Page 3 of 110
The Parties recognize and emphasize that this Agreement is the product of compromise on
the part of all Parties, yielding an overall package that the Parties consider to be fair, just
and reasonable. The Parties agree that any compromises resulting from this Agreement are
without prejudice to the Parties’ ability to take different positions after 2011 and without
prejudice to the Parties right to intervene in any applications contemplated in or resulting
from this Agreement.