LETTER NO. L-102-07
SIXTH FLOOR, 900 HOWE STREET, BOX 250
ROBERT J. PELLATT
VANCOUVER, B.C. CANADA V6Z 2N3
COMMISSION SECRETARY
TELEPHONE: (604) 660-4700
Commission.Secretary@bcuc.com
BC TOLL FREE: 1-800-663-1385
web site: http://www.bcuc.com
FACSIMILE: (604) 660-1102
Log No. 22797
VIA E-MAIL
regulatory@fortisbc.com
December 19, 2007
Mr. David Bennett
Vice President, Regulatory Affairs & General Counsel
Regulatory Affairs Department
FortisBC Inc.
1290 Esplanade
PO Box 130
Trail, B.C. V1R 4L4
Dear Mr. Bennett:
Re: FortisBC Inc.
Project No. 3698442 – Order No. G-140-06
Certificate of Public Convenience and Necessity Application
For the Ellison Substation Project
And an Application for Approval of Alignment of Ellison Feeder 4
This is in response to the November 7, 2007 request (the “Application”) of FortisBC Inc. (“FortisBC”) for
approval to construct the Ellison Distribution Feeder 4 (“Feeder 4”) along the proposed route shown in
Attachment A to the Application.
The Commission, by Order No. C-4-07 dated May 10, 2007, granted a conditional Certificate of Public
Convenience and Necessity for the Ellison Substation Project, and with regard to Feeder 4 directed:
“3.
FortisBC is to collaborate with the City of Kelowna and affected QRRA members and
Quail Ridge residents, to determine, considering the current and/or future plans for the
development of McKinley Road, the alignment for Ellison Feeder 4 with the least
impact as it passes the northern section of the Quail Ridge development and to make
available to the QRRA members and residents full details of an undergrounding option
for this section of Feeder 4 and the arrangements by which these members and
residents could access this option. FortisBC is directed to file a report on progress on
the collaboration on and/or resolution of this matter by September 28, 2007. Intervenor
comments are to be submitted by October 10, 2007 and FortisBC reply by October 18,
2007. A decision by the Commission Panel on the alignment of Feeder 4 will be made
after it reviews the report from the Applicant and the submissions of the Parties.
4.
Pursuant to item 3 above, FortisBC is to confirm in its report that the alignment of any
Ellison Feeder 4 under consideration and/or proposed to the Commission is in
compliance with the WHO and ICNIRP EMF standards.”
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LETTER NO. L-102-07
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FortisBC filed a report on September 28, 2007 that described its efforts to establish an alignment for Feeder 4
adjacent to an existing dirt road on the Eldorado Ranch property, and confirmed that the proposed alignment will
comply with WHO and ICNIRP EMF standards. FortisBC stated that it discussed the option of underground
installation of the feeder at an incremental cost of approximately $200,000 to area residents, with members of the
Quail Ridge Residents’ Association (“QRRA”) on August 31, 2007. The report also stated that FortisBC would
provide the information on undergrounding of the feeder to residents who did not attend the August 31
st
meeting.
By Letter No. L-82-07 dated October 5, 2007 the Commission extended the filing dates for a further report from
FortisBC and submissions related to the alignment of the feeder.
The proposed Feeder 4 alignment as shown in Attachment A of the Application is for overhead construction on
Eldorado Ranch property, lies approximately 30 metres north of the Quail Ridge subdivision boundary and is
separated from the subdivision by an existing tree barrier. While FortisBC expressed confidence in the
Application that negotiations with the landowners would result in a satisfactory right-of-way agreement, it also
stated that it would inform the Commission if a right-of-way could not be obtained. FortisBC proposes that the
portion of Feeder 4 that proceeds from the north-west corner of the Quail Ridge subdivision will follow an
existing road dedication, and FortisBC will adapt the feeder alignment if the routing of this road changes.
The Commission received written submissions on the FortisBC Application from the QRRA and several
individual area residents. All of the submissions request that the Commission deny the Feeder 4 alignment
proposed by FortisBC, or at least defer a decision on the matter until more information is available. Several
parties stated that the feeder should be installed underground at the expense of FortisBC.
By letter dated November 23, 2007, FortisBC replied to the QRRA submission. FortisBC states there is no reason
for further delay as there has been a substantial public process on the Ellison Substation Project and this feeder,
and that construction of the feeder should start by August 2008. FortisBC submits that the option of waiting for
alternative feeder routes to arise was reviewed in the Ellison Substation Application, and that the cost of a
distribution feeder along the Glenmore Connector would greatly exceed the cost along the proposed Feeder 4
route.
The Commission recognizes there are several areas of uncertainty with regard to the route for Feeder 4, including
the negotiations with the Eldorado Ranch landowner, finalization of the Landfill Report Comprehensive Site Plan
Revision, and the route of the proposed road north of the landfill site. Nevertheless, the evidence in the Ellison
Substation proceeding demonstrated the urgent need for Feeder 4 and the Commission is not persuaded that
further delay in determining the alignment is justified. The Commission concludes that the proposed routing for
the distribution feeder that is approximately 30 metres to the north of the Quail Ridge subdivision adequately
responds to the concerns about alignment raised by residents of Quail Ridge. The Commission therefore is
prepared to approve the construction of Feeder 4 along the alignment that FortisBC proposes.
Nevertheless, the Commission believes that FortisBC may have failed to fully comply with the earlier directive
“to make available to the QRRA members and residents full details of an undergrounding option”, including the
payment options. Accordingly, the Commission considers that local residents should have one last opportunity to
agree to pay for the additional cost of undergrounding the section of Feeder 4 that is north of the Quail Ridge
subdivision. The Commission is not prepared to approve the undergrounding of Feeder 4 unless all of the
additional cost of undergrounding is paid by local residents, as otherwise the cost would become the
responsibility of all FortisBC ratepayers.
Therefore, the Commission directs FortisBC to make available by January 31, 2008 to the QRRA members
and Quail Ridge residents, particularly the residents along the northern edge of the subdivision, full details
of an undergrounding option for this section of Feeder 4 and the arrangements by which QRRA and/or
residents could access this option. FortisBC will include details about alternative methods by which it could be
compensated for the additional undergrounding costs, and will provide an update on the negotiations with the
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LETTER NO. L-102-07
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Eldorado Ranch landowners. The Commission should be provided with a copy of the information given to
landowners.
The Quail Ridge residents and/or QRRA will have until March 31, 2008 to provide FortisBC with satisfactory
commitments to pay in full the incremental cost of undergrounding the section of Feeder 4. Therefore, subject
to the condition that local residents provide FortisBC by March 31, 2008 with satisfactory commitments to
pay in full the additional cost of undergrounding, the Commission approves the undergrounding of a
section of Feeder 4. If satisfactory commitments are not received, the Commission approves the alignment
of Ellison Feeder 4 that is described in Attachment A to FortisBC’s Application dated November 7, 2008.
Yours truly,
Original signed by
Constance M. Smith
for:
Erica M. Hamilton
JBW/rt
cc:
Registered Intervenors/Interested Parties
(FBC-EllisonCPCN-RI) (FBC-EllisonCPCN-IP)
All who commented on November 7, 2007 Alignment Report
FortisBC/Ellison CPCN/Ellison Feeder 4 Routing Determination
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.