IN THE MATTER OF
the Utilities Commission Act, R.S.B.C. 1996, Chapter 473
and
An Application by Hemlock Utility Services Ltd.
for Approval of its Electric Tariff
BEFORE: A.A. Rhodes, Commissioner October 4, 2012
O R D E R
WHEREAS:
A. In 1982, pursuant to Order G-5-82, Hemlock Valley Electrical Services Ltd. received approval to construct an electrical distribution system to primarily service the Hemlock Valley recreational area;
B. In 2005, Hemlock Valley Electrical Services Ltd. entered into insolvency proceedings;
C. On August 24, 2006, the receiver manager for the insolvency proceeding, the Bowra Group Inc. (Bowra), secured a buyer (0762608 B.C. Ltd.) for certain assets of Hemlock Valley Electrical Services Ltd., which included the electrical distribution system, and obtained Court Approval for the sale on October 3, 2006;
D. On November 30, 2010, 0762608 B.C. Ltd. and Hemlock Utility Services Ltd.(Hemlock), filed an application with the British Columbia Utilities Commission (Commission) pursuant to section 52(1) of the Utilities Commission Act (the Act) requesting, among other things:
• approval for the sale and disposition by Bowra to 0762608 B.C. Ltd. of certain assets, including the electrical distribution system, as set forth in an agreement dated August 24, 2006, (the First Purchase Agreement); and
• approval for the sale and disposition by 0762608 B.C. Ltd. to Hemlock of certain assets, including the electrical distribution system, as set forth in an agreement dated October 19, 2006 (the Second Purchase Agreement);
E. On May 24, 2012 the Commission issued Order G-66-12 approving, subject to certain conditions, the sale and disposition of certain assets by Bowra to 0762608 B.C. Ltd. as set forth in the First Purchase Agreement and approving the sale and disposition of certain assets by 0762608 B.C. Ltd. to Hemlock as set forth in the Second Purchase Agreement;
F. On September 4, 2012, pursuant to sections 60 and 61 of the Act, Hemlock filed an application with the Commission for approval of Hemlock’s Electric Tariff including Definitions, Terms and Conditions and Rates (the Electric Tariff Application);
G. The Electric Tariff filed by Hemlock in its Electric Tariff Application is identical to the previous Commission approved Electric Tariff for Hemlock Valley Electrical Services Ltd. in effect for the Hemlock Valley recreational area customers except for Section 3 of the Terms and Conditions which was updated to reflect Directive 1 b of Order G-66-12 relative to customer deposits;
H. The Commission has reviewed Hemlock’s Electric Tariff Application and supporting materials and considers that approval is in the public interest.
NOW THEREFORE pursuant to sections 60 and 61 of the Utilities Commission Act, the Commission orders as follows:
1. Approval of the Hemlock Utility Services Ltd. Electric Tariff as filed in the Electric Tariff Application.
2. The effective date of the Electric Tariff is to be May 24, 2012.
DATED at the City of Vancouver, in the Province of British Columbia, this 4th day of October 2012.
BY ORDER
Original signed by:
A.A. Rhodes
Commissioner