Yukon Energy Corp. v. Utilities Board (Yukon Terr.), (2001) 152 B.C.A.C. 130 (YukCA)

• Judge: Cumming, Hollinrake and Ryan, JJ.A.
• Court: Court of Appeal (Yukon Territory)
• Case Date: March 28, 2001
• Jurisdiction: Yukon
• Citations: (2001), 152 B.C.A.C. 130 (YukCA)

Yukon Energy v. Utilities Bd. (2001), 152 B.C.A.C. 130 (YukCA);

    250 W.A.C. 130

MLB headnote and full text

Temp. Cite: [2001] B.C.A.C. TBEd. MY.016

In The Matter Of the Public Utilities Act, R.S.Y. 1986, c. 143;

And In The Matter Of the Appeal by the Yukon Energy Corporation from a Decision of the Yukon Utilities Board, Board Order 1998-5 Dated July 30, 1998.

Yukon Energy Corporation (applicant/appellant) v. Yukon Utilities Board (respondent/respondent)

(YU403; 2001 YTCA 002)

Indexed As: Yukon Energy Corp. v. Utilities Board (Yukon Terr.)

Yukon Court of Appeal

Cumming, Hollinrake and Ryan, JJ.A.

April 27, 2001.

Summary:

The applicant sought approval of an interim and refundable rate increase for 1998.

The Utilities Board approved recovery of the applicant's 1997 and 1998 revenue short­falls from other utility customers but denied recovery for a bad debt from Anvil (operator of a failed mine and the consumer of 40 percent of the total electricity generated by the applicant). The applicant appealed, with leave.

The Yukon Court of Appeal dismissed the appeal.

Public Utilities - Topic 3005

Rates - General - Right to reasonable and fair compensation - [See Public Utilities - Topic 4665 ].

Public Utilities - Topic 4665

Public utility commissions - Regulation - Rates - Considerations in fixing rates - YEC was a public utility that generated, transmitted and distributed electricity, regulated by the Utilities Board - Anvil operated a mine and consumed 40 percent of YEC's electricity - The mine closed in 1997 but was allowed to re-open despite non-payment of its debt for unpaid elec­tricity - In 1998 the mine closed perma­nently - YEC sought approval of an interim and refundable rate increase - The Board approved recovery of YEC's 1997 and 1998 revenue shortfalls from other utility customers, but denied recovery for Anvil's bad debt, on the basis it was not "prudently incurred" - The Yukon Court of Appeal affirmed the Board's decision.

Public Utilities - Topic 4743

Public utility commissions - Judicial review - Appeals - Standard of review - The Yukon Court of Appeal held that the standard of review to be applied by the Court of Appeal in reviewing a decision of the Yukon Utilities Board was one of correctness - See paragraphs 23 to 25.

Cases Noticed:

Director of Investigation and Research, Competition Act v. Southam Inc. et al., [1997] 1 S.C.R. 748; 209 N.R. 20, refd to. [para. 24].

Pushpanathan v. Canada (Minister of Citi­zenship and Immigration), [1998] 1 S.C.R. 982, addendum [1998] 1 S.C.R. 1222; 226 N.R. 201, refd to. [para. 24].

Yukon Energy Corp. et al. v. Utilities Board (Yukon Terr.) (1996), 74 B.C.A.C. 58; 121 W.A.C. 58 (Yuk. C.A.), refd to. [para. 25].

Counsel:

P.J. Landry and J.K. Herbert, for the ap­pellant;

T.S. Preston, Q.C., for the respondent, Yukon Utilities Board;

D.O. Sabey, Q.C., for the respondent, Yukon Electrical Company Ltd.

This appeal was heard before Cumming, Hollinrake and Ryan, JJ.A., of the Yukon Court of Appeal, at Vancouver, British Columbia, on March 28, 2001. The decision of the court was delivered on April 27, 2001, by Hollinrake, J.A.