Orders

IN THE MATTER OF

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

and

An Application by FortisBC Alternative Energy Services Inc.

for a Certificate of Public Convenience and Necessity for the Kelowna District Energy System and

the Approval of the Rate Design and Rates to Provide Thermal Energy Services to Customers

in the Kelowna City Centre

BEFORE:               D.M. Morton, Panel Chair/Commissioner

                                B.A. Magnan, Commissioner                                       March 18, 2013

                                R.D. Revel, Commissioner

O R D E R

WHEREAS:

A.      On November 2, 2012, FortisBC Alternative Energy Services Inc. (FAES) applied to the British Columbia Utilities Commission (Commission) for a Certificate of Public Convenience and Necessity (CPCN) pursuant to sections 45 and 46 of the Utilities Commission Act (Act) to construct and operate the Kelowna District Energy System (KDES), which will provide Thermal Energy Services (TES) for heating buildings in the Kelowna City Centre, and for approval, under sections 59, 60 and 61 of the Act, of the proposed rate design and rates to recover the cost of service from customers (the Application);

B.      On November 9, 2012, the Commission issued Order G-170-12 establishing a Written Hearing Process and a Regulatory Timetable for the review of the Application;

C.      On November 21, 2012, the Commission issued Order G-175-12 approving FAES’ proposed amendments to the regulatory timetable for the FAES TELUS Garden TES CPCN (TELUS Garden) proceeding;

D.      On November 21, 2012, the Commission issued Order G-176-12 to amend the Application’s Regulatory Timetable for procedural and regulatory efficiency to be realized between this Application and the TELUS Garden proceeding;

E.       On November 28, 2012, the British Columbia Pensioners’ and Seniors’ Organization et al. (BCPSO) and the B.C. Sustainable Energy Association and the Sierra Club of B.C. (BCSEA) registered as Interveners;

F.       On December 7, 2012 and on December 14, 2012, the Commission and Registered Interveners submitted their respective Information Requests (IR) No. 1 to FAES according to the Amended Regulatory Timetable attached to Order G-176-12;

G.     On December 21, 2012, FAES requested that the Commission further amend the Amended Regulatory Timetable mainly due to resource constraints resulting from the many applications pending before the Commission in which FAES and its affiliate FortisBC Energy Inc. are involved.  FAES indicated that it had discussed this request with the two Registered Interveners, BCPSO and BCSEA, and that both expressed no objection to the proposed amendments;

H.      On December 24, 2012, the Commission issued Order G-200-12 approving FAES’ proposed amendments to the Amended Regulatory Timetable;

I.        On January 15, 2013, FAES filed its responses to IR No. 1 from the Commission and Interveners according to the Amended Regulatory Timetable attached to Order G-200-12;

J.        On January 23, 2013, the Commission issued Order G-13-13 revising the Amended Regulatory Timetable after Commission Staff consulted with FAES and the two Registered Interveners on whether it would be acceptable to them to do so;

K.      On February 13, 2013, the Commission and Registered Interveners submitted their respective IR No. 2 to FAES and on March 6, 2013, FAES filed its responses to IR No. 2 from the Commission and Interveners according to the Revised Regulatory Timetable attached to Order G-13-13;

L.       On March 14, 2013, the Commission issued a letter inviting comments from the parties on:  1) a limited IR
No. 3 from Commission Staff and Interveners;  2) a Panel IR, to be issued at the same time as the IR No. 3 or shortly thereafter; and 3) suggestions for a revised Regulatory Timetable;

M.    On March 14, 2013, BCSEA indicated it has no objection to a third round of IRs or to an IR from the Panel. BCSEA have no suggestions regarding a revised regulatory timetable;

N.     On March 15, 2013, FAES suggested that the third round of IR and the Panel IRs be issued at the same time, followed by three weeks to allow FAES to respond.  Also, FAES requests to have at least one week between the FAES response to IR No. 3 and the FAES Final Submission.

O.     The Commission considers a third round of IRs from the Commission and the Interveners, issued together with the Commission Panel IRs, to be in the interest of regulatory efficiency.

NOW THEREFORE the Commission approves the Revised Regulatory Timetable, attached as Appendix A to this Order.

DATED at the City of Vancouver, in the Province of British Columbia, this         18^th              day of March 2013.

                                                                                                                                BY ORDER

Original signed by:

                                                                                                                                David Morton

                                                                                                                                Panel Chair/Commissioner

Attachment

FortisBC Alternative Energy Services Inc.

An Application by FortisBC Alternative Energy Services Inc.

for a Certificate of Public Convenience and Necessity for the Kelowna District Energy System and

the Approval of the Rate Design and Rates to Provide Thermal Energy Services to Customers

in the Kelowna City Centre

REVISED REGULATORY TIMETABLE