Orders

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

FortisBC Energy Inc.

An Application for Reconsideration of Order G-187-14

Amend the Balancing Gas Charges for Rate Schedules 23, 25, 26 and 27

BEFORE:               R. D. Revel, Panel Chair/Commissioner

                                H. G. Harowitz, Commissioner                                       June 3, 2015

                                K. A. Keilty, Commissioner

O  R  D  E  R

WHEREAS:

A.      On February 26, 2014, by Order G-21-14, the British Columbia Utilities Commission (Commission) approved the amalgamation of FortisBC Energy Inc. (FEI) and related natural gas utilities, subject to certain conditions.  Order G-21-14, among other things, directed the amalgamated entity to file a rate design application (Amalgamation Rate Design) no later than two years after the effective date of the amalgamation;

B.      On December 8, 2014, FEI filed a compliance filing in regard to Order G-21-14 informing the Commission the date of legal amalgamation is December 31, 2014;

C.      On May 13, 2014, FEI filed an application (Original Application), seeking to amend the charges for Balancing Gas incurred under FEI’s monthly balanced transportation service provided under Rate Schedules 23, 25, 26 and 27 (Monthly Balanced Transportation Service);

D.      The Original Application was reviewed by the Commission through a written hearing process which included two rounds of Information Requests;

E.       On December 1, 2014, the Commission issued its decision and accompanying Order G-187-14 (Decision) denying FEI’s request to amend the Balancing Gas charge as applied for in the Original Application; 

F.       Among other things, in Directive No. 2 of the Decision the Commission also directed FEI to file a rate design application on Monthly Balanced Transportation Service (Monthly Balancing Rate Design) by no later than one year from the date of the Decision, which is December 1, 2015, and determined that the rate design review of Monthly Balanced Transportation Service should be a separate process from that of the broader rate design application directed in Commission Order G-21-14;

G.      On May 20, 2015, FEI filed an application to reconsider Order G-187-14 (Reconsideration Application). In particular, FEI seeks to reconsider and vary Directive No. 2 for it to file a Monthly Balancing Rate Design application by no later than December 1, 2015, and requests that such application to be filed by December 31, 2016, as a component of the broader rate design application directed in Order G-21-14, or as a separate application together with the broader rate design application; 

H.      The Commission process for reviewing a reconsideration application, as revised in July 2002 and published on the Commission’s website, is a two phase process described in the Reconsideration and Appeals section of “Understanding Utility Regulation: A Participant’s Guide to the B.C. Utilities Commission.” The Phase 1 establishes whether there is a prima facie case for reconsideration;

I.        FEI submits that its Reconsideration Application establishes a prima facie case for reconsideration, and justifies proceeding directly to the Phase 2; and

J.        The Commission reviewed the Reconsideration Application and considers that a prima facie case for reconsideration has been established by FEI and the reconsideration process should proceed to Phase 2. 

NOW THEREFORE the Commission orders as follows:

1.       The Commission accepts that FortisBC Energy Inc. (FEI) has established a prima facie case to warrant proceeding to Phase 2 of the reconsideration process. Phase 2 of the reconsideration process is established to examine whether the filing date for the Monthly Balancing Rate Design application should be modified, and if the filing date is modified, whether the application should be an identifiable and separate component of the Amalgamation Rate Design or as a separate application concurrent with the Amalgamation Rate Design.

2.       The regulatory timetable, attached as Appendix A to this order, is established for Phase 2 of the reconsideration process and schedules the following matters: intervener registration, information requests to FEI, information request responses from FEI, and arguments from the parties.

3.       The reconsideration process will include all items and evidence put forward by FEI in its Reconsideration Application as well as additional evidence from the information request responses that are relevant to the scope of issues identified in Directive No. 1 of this order.

4.       Interveners from the Original Application may register with the Commission, in writing or electronic submission by Monday, June 15, 2015.

DATED at the City of Vancouver, in the Province of British Columbia, this            3^rd                   day of June 2015.

                                                                                                                                BY ORDER

Original signed by:

R. D. Revel

                                                                                                                                Commissioner

Attachment

FortisBC Energy Inc.

An Application for Reconsideration of Order G-187-14

Amend the Balancing Gas Charges for Rate Schedules 23, 25, 26 and 27

REGULATORY TIMETABLE