Orders

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

A Filing by FortisBC Energy Inc.

For Acceptance of the Biomethane Purchase Agreement Between

FortisBC Energy Inc. and the City of Surrey and Approval of the Monthly Facility Fee

BEFORE:               R. D. Revel, Commissioner                                           January 14, 2016

O  R  D  E  R

WHEREAS:

A.      On November 24, 2015, FortisBC Energy Inc. (FEI) filed with the British Columbia Utilities Commission (Commission) an application under section 71 of the Utilities Commission Act (UCA) for acceptance of an executed Biomethane Purchase Agreement between FEI and the City of Surrey dated September 16, 2015 (Agreement) and also under sections 59 to 61 of the UCA for approval of a monthly facility fee as set forth in Schedule D of the Agreement (Application);

B.      The Commission issued Order G-186-15 dated December 2, 2015 establishing the Regulatory Timetable for the review of the Application;

C.      On January 11, 2016, FEI filed with the Commission a request to extend the deadline for FEI’s responses to Information Request No. 1 and to make certain adjustments to the remainder of the Regulatory Timetable. FEI states that the reason for the request is that FEI has identified amendments to the Agreement which may be necessary and additional time is required to coordinate any potential amendments with the City of Surrey;

D.      On January 12, 2016, two registered interveners, the B.C. Sustainable Energy Association/Sierra Club B.C. and the British Columbia Old Age Pensioners’ Organization et al., each filed a written submission with the Commission stating they had no objections to FEI’s requested extension and proposed regulatory timetable amendments; and

E.       The Commission has reviewed the request and intervener submissions and finds the extension to the deadline for FEI filing its responses to Information Request No. 1 should be granted. The Commission finds that the Regulatory Timetable must be extended to accommodate the extension and, further finds, in the event FEI and the City of Surrey amend the Agreement and/or FEI modifies the Application, an alternative regulatory timetable path is established to accommodate a second round of information requests regarding the amendments and/or modifications.

NOW THEREFORE the Commission orders as follows:

1.            The Regulatory Timetable for the Application is revised as set out in Appendix A to this order.

2.            In the event FortisBC Energy Inc. (FEI) amends the Agreement between FEI and the City of Surrey and/or modifies the Application filed on November 24, 2015, FEI must file a copy of the amended Agreement by Tuesday, January 19, 2016 together with a black-line version showing the changes to the Agreement filed on November 24, 2015. Furthermore, FEI must include in the filing an explanation of the nature and need for the amendment(s) and modifications to the Application.

3.            In the event FEI files an amendment to the Agreement or modifies the November 24, 2015 Application, registered interveners and the Commission may submit Information Request No. 2 to FEI. Information Request No. 2 will be limited to addressing the amendments to the Agreement and the modifications to the Application.

DATED at the City of Vancouver, In the Province of British Columbia, this             14th              day of January 2016.

                                                                                                                                BY ORDER

                                                                                                                            Original Signed By

                                                                                                                                R. D. Revel

                                                                                                                                Commissioner

Attachment

A Filing by FortisBC Energy Inc.

For Acceptance of the Biomethane Purchase Agreement Between

FortisBC Energy Inc. and the City of Surrey and Approval of the Monthly Facility Fee

Regulatory Timetable