LETTER NO. L-57-07
ROBERT J. PELLATT
SIXTH FLOOR, 900 HOWE STREET, BOX 250
COMMISSION SECRETARY
VANCOUVER, B.C. CANADA V6Z 2N3
Commission.Secretary@bcuc.com
TELEPHONE: (604) 660-4700
web site: http://www.bcuc.com
BC TOLL FREE: 1-800-663-1385
FACSIMILE: (604) 660-1102
Log No. 20996
VIA E-MAIL
July 3, 2007
BC HYDRO
2007 RATE DESIGN EXHIBIT A-20
TO:
British Columbia Hydro and Power Authority
Registered Intervenors/Interested Parties (BCH-07Rate-RI/BCH-07Rate-IP)
Central Coast Power Corporation
Re: British Columbia Hydro and Power Authority (“BC Hydro”)
Project No. 3698455/Order No. G-36-07
2007 Rate Design Application
By Order No. G-40-86, the Commission approved the Transfer of Lands and Chattels from Ocean Falls
Corporation to Central Coast Power Corporation (“CCPC”) and exempted CCPC from the Utilities Commission
Act (“the Act”) (S.B.C. 1980 Chapter 60) except for Part 2 and Sections 30, 44, 47, and 133 which are now
identified in the current Act as Part 2 and Sections 25, 38, 41 and 117.
By Order No. G-30-02, the Commission amended Order No. G-40-86 upon the conclusion of a hearing which
required the Commission to determine the appropriate rate. Section 2(c) of Schedule F of Order No. G-40-86 was
struck out and replaced by “For present firm installed capacity in CCPC’s Ocean Falls generating facility,
industrial customers are to be charged rates as negotiated by the parties, but not to exceed the rate authorized by
B.C. Hydro’s Rate Schedules 1821, 1200, 1201, 1210, or 1211 as amended from time to time, for similar service.
In the event that additional generation, above the firm installed capacity of the plant is required, the parties may
negotiate rates with consideration of the cost of installing additional generation.”
In an Information Request (“IR”) to BC Hydro, the Heiltsuk Tribal Council and Shearwater Marine Limited
(“Heiltsuk”) asked for the terms and conditions of the Energy Purchase Contract (“EPA”) and the term of lease
agreement with CCPC for lands owned by BC Hydro.
In a letter dated May 26, 2007, CCPC filed a letter with the Commission asserting that the contract provisions
between CCPC and BC Hydro are outside of the jurisdiction of the BCUC; that the release of the contract would
prejudice its operation unfairly; that it vigorously opposes any release of the document; and that it would consider
supply information with BC Hydro approval, that is essential to the case of the Intervenors and that is not
prejudicial to the company.
By letter dated May 30, 2007, the Commission acknowledged the letter from CCPC and stated its requirement of
further justification from the Intervenor before directing the release of the contract, in whole or in part (Exhibit A-
7).
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LETTER NO. L-57-07
On June 11, 2007, Heiltsuk filed Intervenor Evidence with the Commission asserting that the rates for Waglisla
and Shearwater are unduly discriminatory and asked the Commission to consider its evidence as a complaint
(Exhibit C23-4).
In its Responses to IRs from the BCUC, Heiltsuk stated that it considers its evidence to be sufficient justification
for a Commission Order to BC Hydro to provide, at a minimum, the expiry date(s) of its agreement(s) with
CCPC; that BC Hydro with its readily available data should be directed to respond to BCUC IR 7.0 to Heiltsuk;
and that it would make a further application for production of the agreements between CCPC and BC Hydro
(Exhibit C23-5).
By letter dated June 28, 2007, counsel for Heiltsuk filed an application for the production of the agreements
between CCPC and BC Hydro (“Heiltsuk Motion) (Exhibit C23-7). The application also contains a list of
information being sought.
By letter dated July 3, 2007, BC Hydro responded to the Heiltsuk Motion, submitting that the production of the
power supply contract between BC Hydro and CCPC should not be ordered.
Further to the provisions of the procedural letter for this Hearing (Exhibit A2-1), the Panel will hear the Heiltsuk
Motion immediately following the Opening Statement of the Chair. If any Participant or CCPC intends to speak
to the Heiltsuk Motion, they should advise Commission counsel by telephone at 604-647-4104 or by email at
gfulton@boughton.ca by 4:30 p.m., Thursday July 5, 2007. Opening Statements from the Participants will follow
the Panel’s decision on the Heiltsuk Motion.
Yours truly,
Original signed by:
Robert J. Pellatt
EC/rt
PF/BCH_2007 Rate Design/Gen Cor/A-20_Heiltsuk Motion
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