Orders

IN THE MATTER OF

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

and

Application by British Columbia Hydro and Power Authority

to Amend the Tariff Supplement No. 82

BEFORE:               C.A. Brown, Commissioner

                                B.A. Magnan, Commissioner                                          November 15, 2012

O  R  D  E  R

WHEREAS:

A.      On October 16, 2009, British Columbia Hydro and Power Authority (BC Hydro) filed with the British Columbia Utilities Commission (Commission) its Large General Service (LGS) Rate Application (LGSRA) seeking orders to establish new energy rates for LGS customers;

B.      The LGSRA was reviewed by way of a negotiated settlement process, and by Order G-110-10 dated June 29, 2010, the Commission approved the LGSRA Negotiated Settlement Agreement (LGSRA NSA);

C.      The LGSRA NSA provided for, among other things, a two-part rate that credits a customer when they reduce their electricity consumption below their historic energy consumption (baseline), or charges them if they consume more than their baseline.  A portion of this credit or charge is at a marginal price that better reflects BC Hydro’s cost of new energy supply;

D.      Clause 13 of the LGSRA NSA allows for customers who anticipate significant, permanent increases in energy consumption, as defined in clause 13, to apply for relief from the two-part rate on a prospective basis;

E.       On May 18, 2011, BC Hydro filed the BC Hydro 2011 LGS Rate Proposal Electric Tariff Supplement Application with the Commission requesting approval of an Electric Tariff Supplement containing rules regarding LGS customers’ applications under clause 13 of the LGSRA NSA and consequential changes to Rate Schedules 16xx (LGS TS Application);

F.       On December 13, 2011, and February 29, 2012, the LGS TS Application Tariff Supplement No. 82 (TS No. 82) was approved by Commission Orders G-213-11 and G-22-12.  TS No. 82 describes the rules that apply to LGS customer applications for prospective growth adjustments under clause 13 of the NSA.  A total of thirteen customers receive service under TS No. 82;

G.      On November 6, 2012, BC Hydro applied for approval of certain amendments to TS No. 82 (the Application); specifically, BC Hydro is seeking to:

•         Amend Section 3.4 (V) of TS No. 82 to remove an inadvertent and unnecessary restriction on the eligibility of customer demand-side management projects that may be used to adjust otherwise non-qualifying increases in energy consumption;

•         Make amendments to Sections 4.4, 4.5, and 4.6 of TS No. 82 that account for the unforeseen possibility of monthly energy consumption less than pre-investment consumption, which under the current tariff language can provide unanticipated and unprincipled financial benefits to customers; and

•         To clean-up some TS No. 82 language that is not as clear as it could usefully be.

H.      BC Hydro proposed that the Application be heard by way of a Written Hearing Process.  The Application included a proposed Regulatory Timetable allowing for registration of Interveners, one round of Commission and Intervener Information Requests (IRs), BC Hydro responses to IRs, Intervener’s Final Submissions and BC Hydro’s Final Submission;

I.        The Commission reviewed BC Hydro’s proposed Regulatory Timetable and considers that the Regulatory Timetable as submitted by BC Hydro, with some dates amended, should be established.

NOW THEREFORE the Commission orders as follows:

1.       The Regulatory Timetable for the review of the Application is as set out in Appendix A to this Order.

2.       Within five business days of issuance, BC Hydro is to provide a copy of this Order and the Regulatory Timetable attached as Appendix A to this Order to all parties who registered and/or participated in either the Large General Service Rate Application or the 2011 LGS Rate Proposal Electric Tariff Supplement Application and all customers currently receiving service under TS No. 82.

3.       Interveners and Interested Parties should register with the Commission, in writing or by electronic submission, by Friday December 14, 2012.

DATED at the City of Vancouver, in the Province of British Columbia, this             15^th                 day of November 2012.

                                                                                                                                BY ORDER

                                                                                                Original Signed by:

                                                                                                                                B.A. Magnan

                                                                                                                                Commissioner

Attachment

British Columbia Hydro and Power Authority

Application to Amend the Tariff Supplement No. 82