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Scale of costs and claims for professional fees

Section 9.2 of Rule 022 provides that an eligible participant may only claim costs in accordance with the scale of costs. The scale of costs is set out in Appendix A of Rule 022 and was last reviewed in 2008. The first section of the scale of costs provides maximum hourly rates that can be claimed for (a) legal fees; and (b) fees of consultants, analysts and experts. The maximum hourly rates are on a sliding scale based on years of experience. The scale for consultants, analysts and experts does not distinguish between experts and non-experts.   

Recommendation #15 from the Report of the Procedures and Processes Review Committee, which was adopted by the Commission, provides “[n]on-expert opinion evidence should be discouraged through reduction of costs allowed to utilities and eligible interveners.” 

  1. Should the scale of costs be reviewed and updated?
  2. If so, are there any applicable criteria or methodologies the Commission should employ to do so?
  3. Are there any changes to Rule 022, whether in the scale of costs or otherwise, that could be made to address the recommendation that
    non-expert opinion evidence should be discouraged through reduction of costs allowed, or is this recommendation best implemented on a case-by-case basis?
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