The New Brunswick Energy and Utilities Board ("Board") is authorized by the Energy and Utilities Board Act to establish its own rules of practice and procedure. It is the practice of the Board to conduct hearings in a flexible manner so that all persons wishing to participate may do so in a manner appropriate to their interest in the proceedings. The following is a guide to the policies that the Board has adopted to ensure fair, open proceedings.

Overview of Style of Proceedings: The Board requires the Applicant to prefile with the Board its evidence in written form. This prefiled evidence consists of witness statements, exhibits, studies, financial information, and other written material prepared by or under the direction of the witnesses which supports the Application. Those persons granted Formal Intervenor status have the opportunity to submit written information requests to the Applicant with respect to the prefiled evidence and the Applicant responds in writing within the time specified for the response. Depending on the complexity of the matter the Formal Intervenors may be afforded the opportunity to submit supplemental information requests with the Applicant providing a written response within the time specified. Formal Intervenors wishing to call witnesses and introduce evidence will be afforded the opportunity to do so in the same manner as followed for the Applicant, including the prefiling of written evidence, submission of written information requests by other Formal Intervenors and the Applicant, and the provision of a written response within the time stipulated therefor. At the conclusion of the evidentiary portion of the hearing participants are afforded the opportunity to make closing submissions to the Board in a format appropriate to their level of participation.

Pre-Hearing Conference: Upon receipt of an Application the Board requires the Applicant to publish notice of the filing of the Application in various news media in the Province ("Notice of Hearing"). The Notice of Hearing will identify the time, date and location of a Pre-Hearing Conference for that Application. The Notice will also set the date by which those persons seeking intervenor status must file information with the Board in support of their request for the granting of status. At the Pre-Hearing Conference the Board will address the following matters:

1. Intervenor Status: The Board will grant status to those persons interested in participating in the hearing who have provided the Board with a written submission outlining their interest in the proceedings by the date specified in the Notice of Hearing. The status granted will vary with the degree of participation sought and interest shown in the proceedings.
2. Type of Hearing: The Board will normally conduct an oral hearing in response to an Application unless the Applicant requests a written hearing or an electronic hearing. If the Board has not stated the type of hearing in the Notice of Hearing the Board will, at the Pre-Hearing Conference, receive requests that the hearing be a written hearing or an electronic hearing and issue an Order in response thereto.
3. Language of the Hearing: The Board in a separate document entitled "Language of the Hearing" has outlined its policy position with respect to the language in which a hearing will be conducted. A copy is available from the Board Secretary. The Board will make a determination as to the language of the hearing upon hearing submissions with respect thereto at the Pre-Hearing Conference.
4. Timetable for the Hearing: The Board will, following consultation with the parties, establish a timetable for the conduct of the hearing. Normally the Board will only sit four days of the week. Normal sitting hours are from 9:30 a.m. to 5:00 p.m. each day with a 75 minute break at noon for lunch and appropriate breaks during the hearing day as circumstances warrant.
5. Intervenor Witnesses and Evidence: Formal Intervenors who wish to call a witness and introduce evidence must give oral or written notice to the Board of their intention in this regard. If notification of this intention is not given at the Pre-Hearing Conference the Board may deny a request to do so which is first given during the course of the hearing.
6. Service, Delivery and Filing of Documents for Consideration at the Pre-Hearing Conference: Any person who intends to seek Formal Intervenor status and intends to file a motion or comment for consideration at the Pre-Hearing Conference must, prior to the date of the Pre-Hearing Conference, file that motion and comment with the Board, serve and deliver it to the Applicant and provide copies of it, at the commencement of the Pre-Hearing Conference, to all participants in the Pre-Hearing Conference. If a motion is initiated during the Pre-Hearing Conference the Board will generally adjourn for several days to enable the Applicant and Formal Intervenors time to prepare submissions on the motion for consideration on the continuation date of the Pre-Hearing Conference set by the Board.
7. Service, Delivery and Filing of Documents in Respect of the Hearing: The Board prefers that delivery and service of documents on the Applicant and Formal Intervenors be effected electronically by fax or e-mail. The Board, upon request made during the Pre-Hearing conference, may vary the manner of effecting service and delivery of documents. See additional guidance below.

1. Formal Intervenor: This status will be granted to those persons who have demonstrated a substantial and direct interest in the issues raised by the Application. A Formal Intervenor is
   
   1. a party to the proceedings,
   2. entitled to attend and participate in the hearing by way of introduction of evidence, calling of witnesses, making submissions and presenting a concluding argument,
   3. entitled to cross-examine witnesses called by the applicant and other parties,
   4. entitled to submit motions, raise procedural issues and participate in all discussions with respect thereto and those raised by other parties,
   5. entitled to a copy of all evidence and written submissions filed with the Board,
   6. entitled to participate in the interrogatory process by submitting information requests, and
   7. required to respond to any interrogatory requests submitted with respect to evidence filed by that person.
2. Informal Intervenor: Informal Intervenor status will be granted to those persons requesting status to participate but who have not demonstrated a substantial and direct interest in the issues raised in the Application and those persons requesting Informal Intervenor status. A person granted Informal Intervenor status is
   
   1. not a party to the proceedings,
   2. entitled to attend each day of the hearing,
   3. entitled to be consulted on the portion of the hearing timetable which will affect the date of their submission to the Board at the conclusion of the evidentiary portion of the hearing,
   4. not entitled to call witnesses or lead evidence,
   5. not entitled to cross-examine the Applicant's witnesses or witnesses called by Formal Intervenors,
   6. entitled to make a written or oral submission to the Board at the conclusion of the evidentiary portion of the hearing, and
   7. not entitled to make or participate in motions or other interlocutory matters which arise during the hearing.

Intervenor Witnesses and Evidence: A Formal Intervenor who intends to call a witness and introduce evidence must give notice of intention to do so at the Pre-Hearing conference. Such Formal Intervenors shall serve the Board, the Applicant and all other Formal Intervenors with a CV for each witness to be called and a copy of the written evidence of the witnesses, including any reports or other written material to be relied upon, not later than the date directed by the Board during the Pre-Hearing Conference or, if no direction is provided by the Board, 3 days before the date established for the commencement of the hearing.

Service and Filing of Documents with the Board: The Board requires 15 hard copies of each document which is required to be filed with the Board delivered to the Board by noon on the specified date.

Service and Delivery of Documents on the Applicant and Formal Intervenors: It is only necessary to serve and deliver one copy of a document on the Applicant or a Formal Intervenor unless the Board has Ordered otherwise or a party has made arrangements for additional copies to be served and delivered. Documents which are to be served and delivered on the Applicant or a Formal Intervenor may be effected by electronic means by noon on the date specified for delivery. In circumstances where a party requests service and delivery of documents in hard copy form, where the document is voluminous, where the document is inappropriate for electronic delivery, or the Board issues an Order with respect to same, a document shall be delivered in hard copy form by noon on the date specified. The parties are encouraged to establish an acceptable means for service and delivery of documents intra party to avoid hardship. A Formal Intervenor introducing a document for the first time during the course of the hearing must have available and provide (i) one copy to the Secretary of the Board for exhibit marking, (ii) one copy for each sitting Commissioner, (iii) one copy for the short hand reporter, (iv) one copy for the translators, (v) one copy for the Applicant, (vi) 6 copies for Board Staff, (vii) one copy for each listed Formal Intervenor, and (viii) 15 additional copies for Informal Intervenors and members of the public attending the hearing.

Order of Precedence: The Board generally establishes an order of precedence for parties for the hearing based on the alphabetical list of the Formal Intervenors established at the Pre-Hearing Conference. The following is an outline of the sequence of events generally followed during a hearing:

1. Applicant leads direct evidence.
2. Formal Intervenors in order of precedence cross-examine Applicant's witnesses.
3. Formal Intervenors call witnesses in order of precedence.
4. Other Formal Intervenors cross-examine Formal Intervenor witnesses in order of precedence with Applicant cross-examining last.
5. Applicant leads rebuttal evidence.
6. In order of precedence Formal Intervenors cross-examine the Applicant's rebuttal witnesses.
7. Informal Intervenors present submissions to the Board at a time established by the Board in consultation with them.
8. Applicant presents closing argument and submission.
9. Formal Intervenors, in order of precedence, present closing argument and submission.
10. Applicant presents rebuttal argument and submission limited to matters raised for the first time in Formal Intervenor argument and submissions.
    Time of Submissions and Service of Documents: If not otherwise specified in a hearing timetable or Board Order all documents which are to be served or delivered to a party or filed with the Board are to be delivered by noon on the date specified.

Exhibits: The Secretary of the Board will maintain an exhibit list. A revised list will be available at the commencement of each hearing day. Each party to the hearing will be assigned an appropriate acronym by the Board. Each exhibit introduced by a party will be assigned an exhibit number in sequence beginning at 1 with the formal exhibit number consisting of the acronym and the number. Typical exhibit numbers would read, in the case of Applicant, as A-1, A-2, A-3 and so on for as many exhibits as that party may introduce.
List of Intervenors: The Board will provide at the Pre-Hearing Conference a preliminary list of Formal Intervenors and Informal Intervenors based on the written requests for intervenor status received by the Board within the time specified in the Notice of Hearing. Upon completion of the Pre-Hearing conference the Board will provide a list of those granted status as Formal Intervenors and Informal Intervenors and provide their coordinates. This list identifies the parties to the hearing, provides the name of the authorized representative(s) and provides the address for service and delivery of documents.

Transcripts of Proceedings: A private reporting service prepares a transcript of the proceedings of each hearing day and will provide a hard copy of it at the commencement of the next hearing day for a fee. If requested the private reporting service will also provide a copy of the transcript on floppy disk. It is the responsibility of each party to make arrangements with the private reporting system to obtain a copy of a transcript. The Board generally requires the Applicant to provide a copy of each daily transcript to all parties by e-mail attachment on or before 9:00 a.m. of the next hearing day. For those who find the cost of obtaining a copy of the transcript onerous the Applicant will, upon request to the Applicant, provide a copy of the transcript on floppy disk by noon of the next hearing day.

The Board reserves the right to amend, modify, alter or delete any of the guidelines presented here as circumstances warrant to ensure procedural fairness to all parties.