ORDER NUMBER
G-52-16
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
FortisBC Energy Inc.
Application for Approval of a Code of Conduct and Transfer Pricing Policy
for Affiliated Regulated Businesses Operating in a Non-Natural Monopoly Environment
Compliance Filing Pursuant to Order G-65-15 – Request for Extension
BEFORE:
N. E. MacMurchy, Panel Chair/Commissioner
W. M. Everett, Commissioner
K. A. Keilty, Commissioner
on April 18, 2016
ORDER
WHEREAS:
A. On February 27, 2015, the British Columbia Utilities Commission (Commission) issued its decision and accompanying Order G-31-15 to FortisBC Energy Inc. (FEI) regarding its Application for a Code of Conduct (COC) and Transfer Pricing Policy (TPP) for Affiliated Regulated Businesses operating in a Non-Natural Monopoly Environment (ARBNNM);
B. Order G-31-15 directed FEI to comply with the findings and determinations in the accompanying decision and to file for approval its COC and TPP on or before April 7, 2015. In the same order, FEI was also directed to file for approval a draft all-inclusive COC and TPP within one year of the Commission’s final approval of the COC and TPP for ARBNNM;
C. By letter dated April 7, 2015, FEI filed its COC and TPP based on the determinations in the decision for Commission approval. Order G-65-15, dated April 28, 2015, approved the COC and TPP for ARBNNM as filed;
D. Directive 2 of Order G-65-15 ordered FEI to file by April 27, 2016, a draft all-inclusive COC and TPP that covers the interactions between FEI and its affiliated natural monopoly utilities, FEI and its affiliated non-regulated businesses, and FEI and its affiliated regulated businesses operating in a non-natural monopoly environment;
E. On March 18, 2016, the Commission issued Order G-39-16 with attached Reasons for Decision, approving the FortisBC Midstream Inc. Application to Acquire the Shares of Aitken Creek Gas Storage ULC (ACGS). Order G-39-16 also directed ACGS to file with the Commission a COC and TTP that covers the interactions between Aitken Creek Gas Storage and its affiliated natural monopoly utilities, and interactions between Aitken Creek Gas Storage and its affiliated non-regulated businesses, and Aitken Creek Gas Storage and its affiliated regulated businesses operating in a non-natural monopoly environment as set out in the attached Reasons for Decision by no later than FEI’s filing of its all-inclusive COC and TPP;
F. By letter dated March 30, 2016, FEI requested the Commission to approve an approximate two-month extension to the filing date for the draft all-inclusive COC and TPP as determined by Order G-65-15, in order to ensure adequate time to consider and incorporate any potential changes as a result of Order G-39-16; and
G. The Commission has reviewed FEI’s request for a variance to the filing deadline set out in Directive 2 of Order G-65-15, and considers that approval of FEI’s request is warranted.
NOW THEREFORE pursuant to section 99 of the Utilities Commission Act, the British Columbia Utilities Commission approves FortisBC Energy Inc.’s (FEI) request to vary Directive 2 of Order G-65-15, extending the timeline of FEI’s all-inclusive Code of Conduct and Transfer Pricing Policy filing from April 27, 2016 to June 30, 2016.
DATED at the City of Vancouver, in the Province of British Columbia, this 18th day of April 2016.
BY ORDER
Original signed by:
N.E. MacMurchy
Commissioner/Panel Chair