March 17, 2011
Unfair Competitive Advantage: Drop Trailer Services and Update on Events Since Order 11-01
Since February 7, 2011, several events have occurred since the Commission ruling on this matter in Order 11-01.
On February 11, BC Ferries alleged that the commissioner erred in the calculation of the minimum tariff (which is stated in dollars per foot) given in Order 11-01. On February 14 the commissioner stated he would consider BC Ferries’ detailed observations to identify any material errors, but he was not prepared to consider submissions on the methodology used in arriving at the figures in his ruling.
BC Ferries sent a letter dated February 23 with a 13 page appendix describing seven alleged errors. On March 4 the commissioner responded with Memorandum 43. Of the seven issues, he found two to be valid and sufficiently material to warrant a correction. The result was a modest reduction in the figure for the minimum tariff. There were no other changes in his original order, and he continued to keep the figure for minimum tariff confidential on the basis that its disclosure would cause a real and substantial possibility of future harm to the financial or economic interests of BC Ferries. The commissioner kept stakeholders informed throughout these events, by e-mail.
In February and early March, he received and considered four letters from Seaspan Ferries Corporation. These letters offered observations on procedural fairness and gave Seaspan’s viewpoint on the seven errors alleged by BC Ferries. On March 4, Seaspan made application for Leave to Appeal the commissioner’s Order 11-01 in the BC Court of Appeal. On March 10, the commissioner filed with the Court a Notice of Appearance as a respondent.