Orders

IN THE MATTER OF

the Utilities Commission Act, R.S.B.C. 1996, Chapter 473

and

An Application by FortisBC Energy Inc.

for Approval of an Operating Agreement

with the Village of Lumby

BEFORE:                       L.F. Kelsey, Commissioner

                                        N.E. MacMurchy, Commissioner

                                        D. Morton, Commissioner                                       November 17, 2011

                                        R. Revel, Commissioner

CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY

WHEREAS:

A.      BC Gas Utility Ltd. [(BC Gas) as FortisBC Energy Inc. (FEI) was formerly known] and the Village of Lumby (Municipality) entered into a Franchise Agreement dated January 28, 1991 (Franchise Agreement);

B.      The Franchise Agreement expired on August 10, 2011;

C.      On October 28, 2011, FEI applied to the British Columbia Utilities Commission (Commission) for approval of an Operating Agreement (Agreement) between FEI and the Municipality, effective August 24, 2011 (Application);

D.      The Commission has reviewed the Application and considers that approval is warranted.

NOW THEREFORE the Commission, pursuant to section 45 of the Utilities Commission Act, approves the Operating Agreement as filed.

DATED at the City of Vancouver, in the Province of British Columbia, this               17^th                   of November 2011.

                                                                                                                                BY ORDER

                                                                                                                                Original signed by:

                                                                                                                                D. Morton

                                                                                                                                Commissioner