B R I T I S H C O L U M B IA U T I L I T IE S C O M M I S S I O N O R D ER N U M B E R G-77-99 SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660-4700 VANCOUVER, B.C. V6Z 2N3 CANADA BC TOLL FREE: 1-800-663-1385 web site: http://www.bcuc.com FACSIMILE: (604) 660-1102 IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and An Application by Central Heat Distribution Limited for Approval of an Operating Agreement with the City of Vancouver BEFORE: L.R. Barr, Deputy Chair ) P.G. Bradley, Commissioner ) July 15, 1999 B.L. Clemenhagen, Commissioner ) O R D E R WHEREAS: A. On May 21, 1999, Central Heat Distribution Limited (“CHDL”) applied to the Commission for approval of the proposed Terms and Conditions of a Permanent Operating Agreement (“the Agreement”) with the City of Vancouver (“the City”) pursuant to Section 32 of the Utilities Commission Act (“the Application”); and B. The proposed Agreement replaces a thirty-year Franchise Agreement between CHDL and the City that expired on June 29, 1996 and, by agreement with the City, was subsequently extended on an interim basis; and C. By Order No. G-62-99, the Commission scheduled a Pre-hearing Conference into the Application for July 9, 1999 and a Public Hearing to commence on September 28, 1999; and D. At the July 9, 1999 Pre-hearing Conference, the participants, including CHDL, the City and Commission staff, identified a preliminary issues list and established a further regulatory timetable for negotiations and for a public hearing if negotiations are unsuccessful; and E. The Commission requires that a regulatory process to deal with the Application be established. . . ./2
2 NOW THEREFORE the Commission orders as follows: 1. The Commission establishes the following regulatory timetable to deal with the Application. REGULATORY TIMETABLE Action Information Requests issued by all parties Information Responses Negotiations If a Public Hearing is required: Additional filed Evidence Information Requests on additional filed Evidence issued by all parties City submissions on BCUC jurisdiction CHDL submissions on BCUC jurisdiction Information Responses Public Hearing commences 2. Negotiations and the Public Hearing are scheduled to commence at 9:00 a.m. in the Commission’s Hearing Room, 6 th Floor, 900 Howe Street, Vancouver, B.C. 3. The Preliminary Issues List identified by the parties at the Pre-hearing Conference and attached as Appendix A to this Order is to be addressed at the scheduled negotiations and Public Hearing. DATED at the City of Vancouver, in the Province of British Columbia, this 16 1999. Attachment Order/CHDL-VanOp Agrmt NtcB R I T I S H C O L U M B IA U T IL I T I E S C O M M I S S I O N O R D E R N U M B E R G-77-99 Date (1999) August 6 August 23 August 26-27 September 10 September 15 September 20 September 23 September 23 September 28 th day of July BY ORDER Original signed by: Lorna R. Barr Deputy Chair
APPENDIX A to Order No. G-77-99 Page 1 of 1 AN APPLICATION BY CENTRAL HEAT DISTRIBUTION LIMITED FOR APPROVAL OF AN OPERATING AGREEMENT WITH THE CITY OF VANCOUVER PRELIMINARY ISSUES LIST 1. Commission Jurisdiction 2. Franchise Fee • revenue, base-steam revenue, fuel cost recovery • percentage 3. Access Costs • City costs • allocating the cost of relocating CHDL’s pipes to the City and CHDL 4. Operational Issues • liability for losses and indemnity • new work • security interests • default • assignment of rights • annual reporting obligations • taxes on payment • manhole vent design • removal of heating system
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