BRITISH COL UMBIA UTILITIES COM MISSION ORDER NUMBER F -7-07 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 for Participant Assistance Cost Award Regarding the Application by Application by Fortis Pacific Holdings Inc. (“FPHI”), FortisBC Inc. (“FortisBC”) and Princeton Light and Power Company, Limited (“PLP”) for Approval to Transfer PLP Shares and Assets to FortisBC and the Wind Up of PLP BEFORE: L.F. Kelsey, Commissioner L.A. Zaozirny, Commissioner March 12, 2007 O R D E R WHEREAS: A. On August 18, 2006, FortisBC, FPHI and PLP (the “Applicants”) applied, pursuant to Sections 41, 50, 52, 53 and 54 of the Utilities Commission Act (“Act”), and subject to the necessary consent of the Lieutenant Governor in Council (“LGIC”), for approval of the following (“the Application ”): • The acquisition by FortisBC of a reviewable interest in PLP through the purchase of all the issued and outstanding shares in the capital of PLP (the “PLP Shares”) to be effective December 31, 2006; • The registration on the books of PLP of the transfer of the PLP Shares from FPHI to FortisBC to be effective December 31, 2006; • The issuance of shares in the capital of FortisBC to FPHI in consideration and for the value of the transfer of all of the PLP Shares to FortisBC to be effective December 31, 2006; • The transfer of all of the assets of PLP from PLP to FortisBC to be effective January 1, 2007; • The corporate winding up of PLP to be effective on January 1, 2007; • The discontinuance of all electricity service operations by PLP effective upon the assumption by FortisBC of such electricity service operations, on January 1, 2007; • The application of PLP’s current Electric Tariff by FortisBC to (i) customers who are PLP customers on December 31, 2006, and (ii) persons who become customers after December 31, 2006 who, but for the transfer of the assets of PLP to FortisBC, would have been customers of PLP, in each case until October 1, 2007; • The application of FortisBC’s Electric Tariff in effect on October 1, 2007 by FortisBC to (i) customers who are PLP customers on December 31, 2006, and (ii) persons who become customers after December 31, 2006 who, but for the transfer of the assets of PLP to FortisBC, would have been customers of PLP, on October 1, 2007 onward; and …/2
BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER F-7-07 2 B. By Order No. G-106-06 dated August 31, 2006, the Commission established a written hearing process and issued a regulatory timetable to review the Application; and C. Following a review of the Application, the information requests and responses and the submissions received, the Commission submitted a report to the LGIC that concluded the proposed consolidation and merger and the wind-up of PLP are beneficial in the public interest and recommended that the LGIC, by Order, consent to the requested transaction by FortisBC, pursuant to subsection 53(1)(a)(i) of the Act; and D. On December 1, 2006, the LGIC’s consent to the merger was obtained and Order in Council 852, 2006 was issued; and E. By Order No. G-159-06 dated December 8, 2006, the Commission approved the Application pursuant to Sections 41, 50, 52, 53 and 54 of the Act; and F. By letter dated November 16, 2006, the British Columbia Public Interest Advocacy Centre applied for a cost award on behalf of the BC Old Age Pensioners Organization et al. (“BCOAPO”, the “Applicant”) for its participation in the proceeding; and G. Commission staff have advised the Panel that the Applicant participated in the proceeding and contributed to the hearing process; and H. The Commission has reviewed the application for a cost award with regard to the criteria and rates set out in Order No. G-15-04. NOW THEREFORE pursuant to Section 118(1) of the Act, the Commission Orders as follows: 1. The Commission awards funds in the amount of $2,035.20 to BCOAPO for its participation in the FortisBC, FPHI and PLP written hearing proceeding. 2. FortisBC is directed to reimburse the Applicant for the total amount awarded in a timely fashion. DATED at the City of Vancouver, in the Province of British Columbia, this 12 th day of March 2007. BY ORDER Original signed by L.F. Kelsey Commissioner Orders/F-7-07_FortisBC_PLP Share Transfer_BCOAPO
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