Orders

ORDER NUMBER

R-9-16

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

Tolko Industries Limited

Application for Acceptance of a Mitigation Plan (Version 2) required for

Compliance with Mandatory Reliability Standard:

PRC-008-0 Requirement 1 - Violation ID:  BCUC2013000487

BEFORE:

D. M. Morton, Commissioner

on March 22, 2016

ORDER

WHEREAS:

A.      Section 125.2 of the Utilities Commission Act (UCA) assigns exclusive jurisdiction to the British Columbia Utilities Commission (Commission) to determine whether a “reliability standard,” as defined in the UCA, is in the public interest and should be adopted in British Columbia. By Order G-123-09, the Commission approved the Compliance Monitoring Program (CMP) for monitoring and enforcement of adopted reliability standards and appointed the Western Electricity Coordinating Council (WECC) as its Administrator for registration and monitoring compliance as per section 8 of the UCA. WECC’s role as Administrator for the BC Mandatory Reliability Standards (MRS) Program was renewed in the first amended Administration Agreement, dated August 21, 2014. The CMP was revised and updated by Commission Order R-34-15, dated June 3, 2015;

B.      Pursuant to section 5 of the CMP, an entity subject to approved Mandatory Reliability Standards found in Confirmed Violation of a reliability standard must prepare a Mitigation Plan (MP) to correct the Confirmed Violation or prepare a description of how the Confirmed Violation has been mitigated. An MP with respect to a Confirmed Violation must be submitted to the Administrator within ten days following confirmation by the Commission;

C.      An MP with respect to an Alleged Violation may be submitted at any time and the Commission encourages entities to mitigate all perceived instances of noncompliance upon detection;

D.      By Commission Order R-15-14, dated May 22, 2014, the Commission confirmed the Alleged Violation noted above for Tolko Industries Limited (Tolko);

E.       On May 22, 2014, Tolko submitted MP (Version 1) to address the Alleged Violation noted above with the proposed completion date of July 15, 2014, and on July 7, 2014, WECC rejected this MP;

F.       On July 2, 2015, Tolko submitted MP (Version 2) to address this Alleged Violation with the proposed completion date of July 15, 2014;

G.     By email notification dated March 16, 2016, WECC recommended acceptance of the following MP to bring Tolko into compliance with the Reliability Standard identified below:

H.      The Commission reviewed WECC’s recommendation and considers acceptance is warranted.

NOW THEREFORE pursuant to section 125.2(10) of the Utilities Commission Act and in accordance with the Compliance Monitoring Program, the British Columbia Utilities Commission accepts the Mitigation Plan with the completion date as identified above.

DATED at the City of Vancouver, in the Province of British Columbia, this             22nd               day of March 2016.

BY ORDER

Original Signed By:

D. M. Morton

Commissioner