SCHEDULE "A" SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660-4700 VANCOUVER, B.C. V6Z 2N3 BC TOLL FREE: 1-800-663-1385 CANADA FACSIMILE: (604) 660-1102 AN ORDER IN THE MATTER OF the Utilities Commission Act, S.B.C. 1980, c. 60, as amended and An Application by Fletcher Challenge Canada Ltd. BEFORE: M.K. Jaccard, Chairperson; and ) L.R. Barr, Deputy Chairperson ) March 3, 1994 ORDER WHEREAS: A. On November 16, 1993, Fletcher Challenge Canada Ltd. ("FCCL") made application to the British Columbia Utilities Commission (the "Commission") for an exemption to re-sell electricity pursuant to Section 103 of the Act; and B. On December 1, 1993, FCCL entered into a sales agreement with TimberWest Forest Ltd. ("TimberWest") whereby TimberWest acquired from FCCL its dry land log sorting facilities near Crofton, British Columbia ("Shoal Island"); and C. FCCL will continue to own a Pulpmill (the "Pulpmill") adjacent to Shoal Island; and D. Shoal Island and the Pulpmill are side-by-side and have shared, and will continue to share, a number of utilities and services including, inter alia, electricity services; and E. Shoal Island's approximate average requirements for electricity is presently 400 kW.h per day but may be up to a maximum of 15,000 kW.h per day; and F. On December I, 1993, the British Columbia Hydro and Power Authority ("B.C. Hydro") advised FCCL that it would not object to the re-sale of electricity to TimberWest at rates equivalent to that charged by B.C. Hydro; and G. FCCL and TimberWest have entered into the Shoal Island Service Agreement (the "Service Agreement") which sets out the tenns upon which electricity will be supplied to TimberWest for use by Shoal Island through equipment and facilities owned by FCCL; and H. The Commission has considered FCCL's application pursuant to Section 103(3) of the Act and is satisfied that an Order exempting FCCL from certain sections of the Act properly conserves the public convenience and interest; and I. The Commission may, pursuant to Section 114 of the Act, reconsider, vary or rescind an Order made by it.
2 G-17-94 NOW THEREFORE the Commission orders as follows: Pursuant to Section 103(3) of the Act, the Commission approves the Application by FCCL for an exemption from provisions of the Act, other than Part 2 and Sections 42, 48, 49, 54, 114 and 140 with respect to the supply of electricity to TimberWest for the sale use by Shoal Island, subject to the following terms and conditions, namely: i) This Order shall be effective upon the execution of the Service Agreement or the date of this Order, whichever is later. ii) This Order shall terminate on the date on which FCCL ceases to be obliged by the Service Agreement to supply electricity to TimberWest for use at Shoal Island. iii) This Order shall terminate in the event that FCCL materially alters those terms of the Service Agreement relating to the supply of electricity to TimberWest's Shoal Island facilities. iv) This Order shall terminate if FCCL charges TimberWest a rate for electricity higher than a rate B.C. Hydro would charge for a similar service. v) This Order encompasses the supply of electricity to TimberWest from FCCL using existing facilities at the time of this Order, and may be modified or rescinded at the discretion of the Commission, if there is a material alteration to the facilities used to produce and deliver electricity, and the Commission will decide what constitutes a material alteration. DATED at the City of Vancouver, in the Province of British Columbia, this day of March, 1994. BY ORDER Attch. BCUC/Order/FletchChlge-ExemptUCA
PROVINCE , OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 0188 ,Approved and Ordered FEB Executive Council Chambers, Victoria On the recommendatl ยท On 0 f the un d ers ' lgne d ,t h e I' IC A El d tC Executive Council, orders that approval is given to the British Columbia Utilities Commission (the "Commission") to exempt Fletcher Challenge Canada Ltd., in respect of the sale of electricity to Timber West Forest Ltd., from provisions of the Utilities Commission Act as set out in the Order of the Commission attached hereto as Schedule "A". Minister of Energy;Mines and Petroleum Resources (This part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section:- Utilities Commission Act, section 103 (3) Other (specify):-January 12, 1994 11. 1994 ~~,.Ij t , Administrator "' I l i n lU ll l t t rd w ,t : D ... r .eraor, b y an d with the advice and consent of the ~~c Presiding Member of the Executive Council /9 /94/37/ejk
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