Orders

IN THE MATTER OF

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

and

FortisBC Energy Inc.

Biomethane Third-Party Suppliers Regulatory Process:

Applications for Approval of Third-Party Suppliers’ Rates &
Acceptance of FEI Biomethane Supply Agreements with Third-Party Suppliers and
FEI Capital Expenditures for Related Interconnection Facilities

BEFORE:               L.A. O’Hara, Panel Chair/Commissioner                

C. van Wermeskerken, Commissioner                    April 2, 2013

O  R  D  E R

WHEREAS:

A.      On February 28, 2013, the British Columbia Utilities Commission (Commission) issued Order G-29-13, conditionally increasing the supply cap set by Order G-194-10 by an amount sufficient to accommodate the supply from the four biomethane suppliers: Dicklands Farms (Dicklands), Seabreeze Farm Ltd. (Seabreeze), Earth Renu Energy Corp. (Earth Renu) and the Greater Vancouver Sewerage and Drainage District (part of Metro Vancouver) (GVS&DD);  

B.      Commission Order G-29-13 also directed FortisBC Energy Inc. (FEI) to confirm to the Commission by March 6, 2013, that natural gas non-bypass customers would bear no actual or potential risk for unsold biomethane pending the outcome of the 2012 Biomethane Application;

C.      Order G-29-13 further directed that the review of the applications for rates by Earth Renu, GVS&DD, Dicklands and Seabreeze, and the applications by FEI for acceptance of expenditures under section 44.2 of the Utilities Commission Act (UCA) and the supply contracts under section 71 of the UCA will be heard in (a) separate Streamlined Review Process(es);

D.      On March 4, 2013, Commission Order G-30-13 established a Streamlined Review Process for the review of the Biomethane third-party suppliers’ applications filed by March 7, 2013;

E.       On March 6, 2013, FEI filed its response to Commission Order G-29-13, stating FEI would not assume the economic risk for the unsold biomethane from the four new supply contracts over the lives of the contracts. FEI further requested that the Commission reconsider the need for FEI to assume this risk;

F.       Commission Letter L-13-13 dated March 7, 2013, suspended the Third-Party Suppliers’ Regulatory Process;

G.     FEI submitted its Application for Reconsideration of Commission Order G-29-13 (Reconsideration Application) on March 15, 2013;

H.      On March 18, 2013, Commission Order G-39-13 deemed that there was just cause that the Reconsideration Application proceed to Phase 2 and allowed participants to provide comments on the FEI Reconsideration Application;

I.        Submissions supporting the reconsideration of Commission order G-29-13 were filed by Dicklands, Seabreeze, and the University of British Columbia on March 20, 2013, Earth Renu on March 21, 2013, and GVS&DD on March 25, 2013;

J.        On March 28, 2013, Commission Order G-45-13 varied Directive 1 of Order G-29-13 and removed the condition that FEI bear the risk of unsold biomethane; and

K.      The Commission has considered the related submissions from parties relating to Order G-29-13 and the removal of the condition that FEI bear the risk of unsold biomethane, and determines that a revised Regulatory Timetable should be established.

NOW THEREFORE the Commission orders as follows:

1.       The Commission will review the proposed rates under sections 58-61 of the Utilities Commission Act (UCA) and the related supply agreements under subsection 71(1) of the UCA as well as the capital expenditure schedule for the related interconnection facilities under section 44.2(3) of the UCA in one proceeding.

2.       The Revised Regulatory Timetable for Intervener registration, Information Request (IR) process, and Streamlined Review Proceeding (SRP) is attached as Appendix A to this Order.

3.       Information filed confidentially by FEI and third-party suppliers will continue to be treated in confidence.  Intervener counsel and Interveners who represent FEI customer groups will be provided access to confidential information, subject to filing an Undertaking of Confidentiality, in accordance with the Commission’s form, attached as Appendix B to this Order, with FEI and the third-party suppliers, with a copy to the Commission.

4.       Interveners must register by April 5, 2013, and indicate whether they plan to attend the SRP, and make any Information Requests. 

5.       The Streamlined Review Process will commence at 9:00 a.m. on Monday, April 22, 2013, at the Commission Hearing Room located on the 12^th Floor, 1125 Howe Street, Vancouver, BC.

DATED at the City of Vancouver, in the Province of British Columbia, this          2^nd                day of April 2013.

BY ORDER

Original signed by:

L.A. O’Hara

Panel Chair/Commissioner

Attachments

FortisBC Energy Inc.

Biomethane Third-Party Suppliers Regulatory Process:

Applications for Approval of Third-Party Suppliers’ Rates &
Acceptance of FEI Biomethane Supply Agreements with Third-Party Suppliers and
FEI Capital Expenditures for Related Interconnection Facilities

REVISED REGULATORY TIMETABLE