UtiliCorp Conditions Clause Samples

UtiliCorp Conditions. The UtiliCorp Conditions are an anomaly in British Columbia. They were offered voluntarily by UtiliCorp in direct response to an enormously contentious public hearing in 198716. As the Commission itself found in 1987, the central overriding concern was the prospect of foreign ownership of the utility17. Nothing of the sort has transpired in relation to this Application. Questions with respect to the UtiliCorp Conditions were raised in Information Requests filed in this proceeding18. Fortis Pacific has been consistent and candid with the Commission and the Intervenors in this process that it did not want, and would not accept, the UtiliCorp Conditions because it considered them to be unnecessary, inappropriate and discriminatory. It is instructive to note that questions related to the UtiliCorp Conditions were not a matter of material discussion or concern in the Stakeholder Consultations – particularly when one remembers that those consultation included knowledgeable and sophisticated parties such as the British Columbia Public Interest Advocacy Centre and the Kootenay-Okanagan Electric Consumers Association, both of whom were active participants in the 1987 proceedings. In the end, other than ▇▇. ▇▇▇▇▇ and the City of Trail, none of the Intervenors in this process has filed a submission asking for conditions. We will respond in more detail below to the Intervenors' submission, but in our view there is nothing in those submissions that is an appropriate or relevant basis to suggest that conditions or other requirements are necessary or desirable in relation to the approval of the Application.