Orders

ORDER NUMBER

E-12-17

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

British Columbia Hydro and Power Authority

Filing for Approval of Electricity Purchase Amendment Agreements for

Kwalsa, Upper Stave and Ocean Falls Hydro Projects

BEFORE:

M. Kresivo, Commissioner

R.D. Revel, Commissioner

on June 14, 2017

ORDER

WHEREAS:

A.      Pursuant to Section 71 of the Utilities Commission Act (UCA), on February 27, 2017, British Columbia Hydro and Power Authority (BC Hydro) filed with the British Columbia Utilities Commission (Commission) a quarterly energy supply contract filing for the period ending December 31, 2016, which includes three separate amending agreements (Amendment Agreements) to those electricity purchase agreements (EPA) for each of following projects: (i) Kwalsa, (ii) Upper Stave, and (iii) Ocean Falls (Filing). The Amendment Agreements, with each project’s respective owner(s), are listed in Appendix A to this order;

B.      Under Commission Order G-61-12 dated May 17, 2012, the Commission established “Rules for Energy Supply Contracts for Electricity” (ESC Rules) which set out rules for review of energy supply contracts for electricity (ESCs) , amendments to ESCs and contractual developments in regard to ESCs accepted for filing by the Commission;

C.      BC Hydro files with the Commission from time to time descriptions of contractual developments in its quarterly ESC filings and included a contractual development update in the Filing. The Commission acknowledges receipt of Attachment 6 to the Filing which sets out certain contractual developments related to a number of EPAs previously accepted for section 71 filing by the Commission. These contractual developments do not constitute EPA amendments and as required according to the ESC Rules are provided to the Commission for information purposes only in order that the form of Commission accepted EPAs on file with the Commission remains current;

D.      On April 21, 2017 BC Hydro filed a response to Commission staff questions regarding the Filing and requested that the response be held confidential as it contains commercially sensitive information the release of which could impact ongoing negotiations of the Ocean Falls EPA renewal; and

E.       The Commission reviewed the Filing by BC Hydro, and finds the Amendment Agreements are in the public interest and should be accepted for filing.

NOW THEREFORE pursuant to section 71 of the Utilities Commission Act the British Columbia Utilities Commission orders as follows:

1.       The following amending agreements to electricity purchase agreements previously accepted by the Commission for filing are accepted and found to be in the public interest:

a.       Amendment Agreement between British Columbia Hydro and Power Authority and Douglas Creek Project Limited Partnership, Fire Creek Project Limited Partnership, Tipella Creek Project Limited Partnership, Stokke Creek Project Limited Partnership, and Harrison Hydro Limited Partnership dated December 21, 2016 (Kwalsa Amendment Agreement);

b.      Amendment Agreement between British Columbia Hydro and Power Authority and Upper Stave Project Limited Partnership, Lamont Creek Project Limited Partnership, and Harrison Hydro Limited Partnership dated December 21, 2016 (Upper Stave Amendment Agreement); and

c.       Amendment Agreement between British Columbia Hydro and Power Authority and Boralex Ocean Falls Limited Partnership dated December 22, 2016 (Ocean Falls Amendment Agreement).

2.       The Commission will hold the April 21, 2017 response to the Commission staff questions confidential as it contains commercially sensitive material. The Filing may be released to the public.

3.       A table summarizing contractual developments related to electricity purchase agreements that have been previously accepted for section 71 filing and which were included in the Filing are listed in Appendix B.

DATED at the City of Vancouver, in the Province of British Columbia, this                19^th                       day of June 2017.

BY ORDER

Original signed by:

M. Kresivo, QC

Commissioner

British Columbia Hydro and Power Authority
Electricity Purchase Agreement Amendments for section 71 Acceptance

British Columbia Hydro and Power Authority
Electricity Purchase Agreement (EPA)
Contractual Developments for Information Only