BRITISH COL UMBIA UTILITIES COM MISSION ORDER NUMBER G -60-03 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 Montenay Inc. and the Greater Vancouver Sewerage and Drainage District for an Exemption from the Utilities Commission Act except Part 2 for the Sale of Electricity from the Seegen Turbogenerator Project at the Greater Vancouver Sewerage and Drainage District’s Solid Waste Incinerator in Burnaby BEFORE: R.H. Hobbs, Chair ) L.A. Boychuk, Commissioner ) September 18, 2003 L. Kelsey, Commissioner ) O R D E R WHEREAS: A. On February 14, 2003, Montenay Inc. and the Greater Vancouver Sewerage and Drainage District (“GVS&DD”) applied to the Commission for an exemption from the Utilities Commission Act (“the Act”) except Part 2 for the purposes of selling electricity to utilities or end users from the Seegen Turbogenerator project at the GVS&DD’s Solid Waste Incinerator in Burnaby; and B. The GVS&DD are the owners of the plant and have an agreement with Montenay Inc. for the operation and maintenance of the plant; and C. In the case of the sale of electricity to Utilities, ratepayer interest is regulated by the filing of an energy supply contract by the Utility; and D. In the case that the electricity is intended for sale to others in the Province of British Columbia, B.C. Energy Policy Action #14 states that, under new rate structures, large users of electricity will be able to choose a supplier other than their local distributor; and . . ./2
2 E. Ministerial Order M-22-0205 provides an exemption from the Act from the provisions of Part 3, except Section 22, for persons selling power to Powerex or to British Columbia Hydro and Power Authority; and F. The Commission has examined the application and is satisfied that an Order under Section 88(3) of the Act exempting Montenay Inc. and the GVS&DD from the provisions of Part 3 of the Act, except Section 22, properly conserves the public interest; and G. On September 5, 2003, the approval of the Lieutenant Governor in Council was given to the said exemption by Order in Council No. 0860, 2003, which is attached as Appendix A. NOW THEREFORE pursuant to Section 88(3) of the Act, the Commission approves for Montenay Inc. and the Greater Vancouver Sewerage and Drainage District an exemption from Part 3 of the Act, except Section 22, with respect to the sale of electricity produced at the GVS&DD Incinerator in Burnaby. DATED at the City of Vancouver, in the Province of British Columbia, this 29 2003. Attachment Order/Montenay Xmptn Approval BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G-60-03 th day of September BY ORDER Original signed by: Robert H. Hobbs Chair
APPENDIX A To Order No. G-60-03 Page 1 of 3 PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council7vo. 0860 1 Approved and Ordered SEP.',- 520D3 Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that approval is given to the British Columbia Utilities Commission to exempt Montenay Inc. and the Greater Vancouver Sewerage and Drainage District from the provisions of Part 3 of the Utilities Commission Act, except section 22, for the purposes of selling electricity produced from the Seegen turbogenerator at the Solid Waste Incinerator in Burnaby as set out in the attached draft Order of the British Columbia Utilities Commission. Attom~5n~!~ Responsible for Treaty Negotiations (This part is for administrative purposes 011(1' alld is /lot part ofthe Order.) Authority under which Order is made: Act and section: Utilities Commission Act, section 88(3) Other (specify): July 15, 2003 9:56:21 AM
SIXTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER, B.O. V6Z 2N3 OANADA web site: hltp:llwww.bcuc.com IN THE MATIER OF the Utilities Commission Act. R.S.B.C. 1996. Chapter 473 and An Application by Montenay Inc. and the Greater Vancouver Sewerage and Drainage District for an Exemption from the Utilities Commission Act except Part 2 for the Sale of Electricity from the Seegen Turbogenerator Project at the Greater Vancouver Sewerage and Drainage District's Solid Waste Incinerator in Burnaby BEFORE: ) ) ) ORDER WHEREAS: A. On February 14. 2003. Montenay Inc. and the Greater Vancouver Sewerage and Drainage District ("GVS&DD") applied to the Commission for an exemption from the Utilities Commission Act ("the Act") except Part 2 for the purposes of selling electricity to utilities or end users from Turbogenerator project at the GVS&DD's Solid Waste Incinerator in Burnaby; and B. The GVS&DD are the owners of the plant and have an agreement with Montenay Inc. for the operation and maintenance of the plant; and C. In the case ofthe sale of electricity to Utilities. ratepayer interest is regulated by the filing of an energy supply contract by the Utility; and D. In the case that the electricity is intended for Columbia, B.C. Energy Policy Action #14 states that. under new rate structures, large users of electricity will be able to choose a supplier other than their local distributor; and E. Ministerial Order M-22-0205 provides an exemption from the Act from the provisions of Part 3. except Section 22, for persons selling power to Powerex or to British Columbia Hydro and Power Authority; and F. The Commission has examined the application and is satisfied that an Order under Section 88(3) of the Act exempting Montenay Inc. and the GVS&DD from Section 22. properly conserves the public interest; and APPENDIX A To Order No. G-60-03 Page 2 of 3 BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G- -03 TELEPHONE: (604) 660-4700 BO TOLL FREE: 1-600-663-1385 FACSIMILE: (604) 660·1102 DRAFT the Seegen sale to others in the Province of British the provisions of Part 3 of the Act, except ..n
2 G. On the Approval of the Lieutenant Governor in Council was given to the said exemption by Order in Council No. , which is attached as Appendix A. NOW THEREFORE pursuant to Section 88(3) of the Act, the Commission approves for Montenay [nco and for the Greater Vancouver Sewerage and Drainage District an exemption from Part 3 of the Act, except Section 22, with respect to the sale of electricity produced at the GVS&DD Incinerator in Burnaby. DATED at the City of Vancouver, in the Province of British Columbia, this Attachment Orders/OVSDD Exemption (Draft)APPENDIX A To Order No. G-60-03 Page 3 of 3 BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G- -03 .tJRAFT. day of April 2003. BY ORDER Peter Ostergaard· Chair
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.