New Brunswick Energy and Utilities Board

On December 19, 2007 Enbridge Gas New Brunswick ("EGNB") applied to the New
Brunswick Energy and Utilities Board ("the Board") to change its distribution rates for
the SGSRO, SGSC, GS, CGS, OPS, CLVOPS and NGBF classes. Notice of the
application was published on January 14, 2008 in conformity with the Board Order. The
Notice stated inter alia:
"
a pre-hearing conference shall be held at the Board's offices, 15
Market Square, Suite 1400, Saint John, NB, on Tuesday, February 5,
2008 commencing at 10 in the forenoon, when and where interested
parties may attend and make representations as to the procedure to be
followed, the reasoning for an oral hearing and as to any other relevant
matters."
Competitive Energy Services ("CES") applied for formal intervenor status by letter dated
January 21, 2008. CES did not attend the pre-hearing conference on February 5, 2008,
but was granted formal intervenor status at that time. No submissions were received
from CES relating to any of the matters to be dealt with at the pre-hearing conference.
The filing schedule was discussed at length during the pre-hearing conference. The
parties and the Board worked collaboratively to achieve a schedule that accommodated
everyone. In order to achieve this schedule, compromises were necessary. The filing
schedule was distributed to all parties by the Board following the hearing. By letters
dated February 11 and February 12, 2008, CES advised the Board that it could not meet
the schedule and requested that it be revised. The Board also received correspondence on this issue from Daniel R. Theriault, the Public Intervenor and from EGNB. Mr. Theriault pointed out that there was no set time for which the Board would give a decision in the LFO matter and to delay the hearing on that basis would make no sense. Mr. Hoyt objected to the request for a revision to the schedule stating: