IN THE MATTER OF
the Utilities Commission Act, R.S.B.C. 1996, Chapter 473
and
British Columbia Hydro and Power Authority
Application to Replace the Electric Tariff Supplement No. 7
Interruptible Electricity Supply Agreement Between
BC Hydro and Boralex Ocean Falls Limited Partnership
BEFORE: L. F. Kelsey, Commissioner
C. A. Brown, Commissioner May 28, 2015
K. A. Keilty, Commissioner
D. M. Morton, Commissioner
O R D E R
WHEREAS:
A. On May 13, 1991, British Columbia Hydro and Power Authority (BC Hydro) applied to the British Columbia Utilities Commission (Commission) for approval of an Interruptible Electricity Supply Agreement, dated April 17, 1991, with Central Coast Power (CCPC, the CCPC Agreement), known as the original Electric Tariff Supplement No. 7;
B. The CCPC Agreement provides for the emergency supply of electricity for a period not to exceed 30 days from the Bella Bella Diesel Generating Station for use by CCPC and its customers located at Ocean Falls, B.C.;
C. On May 23, 1991, the Commission approved and accepted for filing under Commission Order G-44-91, the Interruptible Electricity Supply Agreement dated April 17, 1991 between BC Hydro and CCPC, known as the original Electric Tariff Supplement No. 7;
D. On June 4, 2008, CCPC, Boralex Ocean Falls Limited Partnership (Boralex) and BC Hydro entered into an Assignment and Assumption of Electricity Purchase Agreement and Lease, relating to an asset purchase agreement between Boralex and CCPC for the Ocean Falls hydroelectric generating facility. BC Hydro has provided to CCPC an official Notice of Termination of the Interruptible Electricity Supply Agreement between BC Hydro and CCPC on January 27, 2015;
E. On April 9, 1992, CCPC and BC Hydro also entered into a Lease pertaining to the Ocean Falls hydroelectric generating facility;
F. On December 31, 2014, the Interruptible Electricity Supply Agreement between BC Hydro and Boralex (the Boralex Agreement) was signed by both parties and is subject to the approval of the Commission;
G. On April 10, 2015, BC Hydro filed a request for approval with the Commission of the Boralex Agreement known as the first revision of Electric Tariff Supplement No. 7 (Application); and
H. The Commission reviewed the Application and considers that approval is warranted.
NOW THEREFORE pursuant to sections 58 to 61 of Utilities Commission Act the British Columbia Utilities Commission orders as follows:
1. The Interruptible Electricity Supply Agreement dated December 31, 2014 between British Columbia Hydro and Power Authority (BC Hydro) and Boralex Ocean Falls Limited Partnership (Boralex, Boralex Agreement), known as the first revision of Electric Tariff Supplement No. 7, is approved and accepted for filing effective immediately.
2. On July 1st of each year, BC Hydro must file the new price per kilowatt hour and the calculations used to determine the new price, as per the formula in the Boralex Agreement.
DATED at the City of Vancouver, in the Province of British Columbia, this 3rd day of June 2015.
BY ORDER
Original signed by:
D. Morton
Commissioner