Process Improvements at Manitoba Public Utilities Board

This presentation by Robert Gabor Q.C., Chair of Manitoba PUB, discusses process improvements at the Manitoba Public Utilities Board focusing on regulatory efficiency, transparency, public knowledge, public engagement, and evidence improvement. It covers background information on Manitoba PUB regulation, declared goals in 2016, pre- and post- GRA filing processes, and significant statutes governing PUB review of Crown Corporations.

• Process Improvements
• Manitoba Public Utilities Board
• Regulatory Efficiency
• Transparency
• Public Engagement

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1. PROCESS IMPROVEMENTS AT THE MANITOBA PUBLIC UTILITIES BOARD Presented By: Robert Gabor Q.C. Chair , Manitoba PUB 1 Manitoba Public Utilities Board

2. BACKGROUND TO MANITOBA PUB REGULATION Manitoba Hydro (573,438 customers) Vertically integrated electric utility (generation, transmission, distribution) Centra Gas Manitoba Inc. (279,268 customers) Sole remaining natural gas distributor Formerly privately owned, now subsidiary of Manitoba Hydro Manitoba Public Insurance Corporation (864,673 customers) Sole provider of basic automobile insurance in Manitoba 265 Municipal Water and Sewer Utilities Other 2 Manitoba Public Utilities Board

3. BACKGROUND TO MANITOBA PUB REGULATION Three statutes govern PUB review of Crown Corporations The Manitoba Hydro Act (MHA) The Public Utilities Board Act (PUBA) The Crown Corporations Governance and Accountability Act (CCGAA) Manitoba Hydro Rates only; no jurisdiction over capital projects or export contracts (MHA, CCGAA) Centra Gas Manitoba Inc. Full jurisdiction (PUBA) Manitoba Public Insurance Corporation Only rates for Basic insurance (CCGAA) 3 Manitoba Public Utilities Board

4. DECLARED GOALS 2016 Regulatory efficiency Transparency Public knowledge Public engagement Improve evidence Facilitate Panel knowledge 4 Manitoba Public Utilities Board

5. PROCESS IMPROVEMENTS AT THE MB PUB PRE-GRA FILING 5 Manitoba Public Utilities Board

6. PRE-GRA FILING BEFORE AFTER Wait for Utility Application Prescribed filing dates: Order Letter from Board to Utility Process Matters Wait for Pre- Hearing Conference Introductory Without Prejudice Counsel Meeting(s) Identification of Key Issues Wait for Pre-Hearing Conference (PHC) In-Depth Without Prejudice Counsel Meeting(s) before PHC Limited Initial Information Requirements Motion to Postpone Minimum Filing Requirements from Board + Invitation for Interveners to Propose MFRs 6 Manitoba Public Utilities Board

7. PROCESS IMPROVEMENTS AT THE MB PUB POST-GRA FILING 7 Manitoba Public Utilities Board

8. POST-GRA FILING BEFORE AFTER Identification of Issues Wait for Pre-Hearing Conference Post-filing Workshop : Issues List Board identification of need for Independent Expert Consultants and Hearing Advisors Intervener initial identification of experts Clear Language Notices Use of Bill Stuffers (including electronic bills) Increase in Intervener Applications Public Engagement Standard Notices in Newspapers Use of Board Advisors to Develop Panel Understanding of Application Board Advisors, IECs and Hearing Advisors Disputes and Delays re: Confidential Information Identification of Documents at Early Stage; Use of IECs 8 Manitoba Public Utilities Board

9. POST-GRA FILING BEFORE AFTER Information Requests Wide- Ranging, With Out of Scope and Irrelevant Questions Issues List IRs Developed in Focused Way IRs in dispute go to Interim Motions Information Requests Sole Discovery Process Alternative Discovery Processes: Bill Affordability and Rate Design Workshop Transcribed Technical Conference Information Requests No Process Limitations Round 2 = Follow-up Only Interveners Participation of Past Interveners of Record Board Staff Assistance in Identifying New Interveners, Retaining Experts Interveners Means Test Interveners Contribution-based Test 9 Manitoba Public Utilities Board

10. PROCESS IMPROVEMENTS AT THE MB PUB PRE-ORAL HEARING 10 Manitoba Public Utilities Board

11. PRE-ORAL HEARING BEFORE AFTER Interveners Identify Experts Duplication Avoided Through Approval of Interveners and Experts Based on Collaboration Limited Pre-Hearing Process Second Pre-Hearing Conference Used to Focus Oral Hearing Only on Issues that Cannot be Addressed in Writing Hearing Timetable Developed by Applicant Timetable Developed for Efficiency and Cost Effectiveness Issues-Based Prescribed Time Allocations Limiting Intervener Attendance on Issues not within Approved Participation 11 Manitoba Public Utilities Board

12. PROCESS IMPROVEMENTS AT THE MB PUB DURING ORAL HEARING 12 Manitoba Public Utilities Board

13. DURING ORAL HEARING BEFORE AFTER Traditional Oral Hearing Format Concurrent Evidence Panels Experts Qualified No Qualification of Experts Cross-Examination on Qualifications goes to Weight Public Participation Presentations Not Treated as Evidence Presentations Given Weight of Evidence if sworn & cross- examined Rate-Payer Panels Treated as Evidence Additional Public Engagement Live Streaming of Hearings Website Comments Disputes over Confidential Information Evidence not Filed Use of Board retained IECs In-Camera Sessions Panel Educated by Parties through Evidence during hearing Panel Knowledge Supplemented with Multiple Board Briefings 13 Manitoba Public Utilities Board

14. PROCESS IMPROVEMENTS AT THE MB PUB POST HEARING 14 Manitoba Public Utilities Board

15. DURING ORAL HEARING BEFORE AFTER Regulatory Calendar Set by Utility Order Prescribes Next Filing Date Limited Engagement with Parties Between Hearings Critical Assessment of Process Board staff meetings with Parties after Hearing Process Assessment by Panel Costs Granted to Interveners Cost Consequences for Lack of Contribution, Duplication, Failure to Follow Board Directives 15 Manitoba Public Utilities Board

16. RESULTS TO DATE More structured Hearing process Increased communication between counsel before hearing More interveners Interveners collaborated on IRs and experts based on interests and issues Greater oversight over Intervener costs (10 + % requires approval) Intervener costs based on assistance to panel 2,400 comments on website 16 Manitoba Public Utilities Board

17. FUTURE IMPROVEMENTS Pre-filing Public Consultation Public Engagement Sessions On the Road Increased Use of Website for Public Participation Limiting/Focusing Information Requests Caps on Number Staggered Requests Development of New Intervener Policy 17 Manitoba Public Utilities Board

18. PROCESS IMPROVEMENTS AT THE MB PUB Comments? Questions? 18 Manitoba Public Utilities Board