Orders

ORDER NUMBER

G-42-18

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

British Columbia Hydro and Power Authority

Waneta 2017 Transaction Application

BEFORE:

D. M. Morton, Panel Chair / Commissioner

R. I. Mason, Commissioner

A. K. Fung, QC, Commissioner

on February 19, 2018

ORDER

WHEREAS:

A.      On October 30, 2017, the British Columbia Hydro and Power Authority (BC Hydro) made an application requesting the following orders from the British Columbia Utilities Commission (Commission):

1.       Pursuant to section 44.2(3) of the Utilities Commission Act (UCA), acceptance of the expenditure schedule in regard to the Waneta 2017 Transaction as shown in the filing;

2.       Pursuant to sections 58–61 of the UCA, approval of the Teck Wheeling Agreement and Waneta Interconnection Agreement; and

3.       Pursuant to section 49(a) of the UCA, approval of three adjustments to the Non-Heritage Deferral Account (NHDA) as described in the filing (Application);

B.      On November 24, 2017, pursuant to Order G-169-17, the Commission determined a public hearing is necessary for the review of the Application and established a regulatory timetable, which included intervener registration, one round of information requests and further process to be determined;

C.      By Order G-199-17 dated December 22, 2017, the Commission amended the regulatory timetable to include a Community Input Session, extend the deadline for intervener registration, and add a second round of information requests;

D.      By Order G-15-18 dated January 19, 2018, the Commission amended the regulatory timetable, which included a procedural conference to be held on February 16, 2018, an extension to the deadline for second round of information requests, and an intervener evidence filing deadline (if required);

E.       On February 16, 2018, the Commission held the Procedural Conference and requested parties to provide comments on the need for an oral hearing and suggested dates, comments on the need for Intervener Evidence, and each party’s proposed regulatory timetable for the remainder of the proceeding;

F.       The following participants provided comments on the three areas identified by the Commission:

•         BC Hydro

•         FortisBC Inc. (FBC)

•         British Columbia Sustainability Energy Association and Sierra Club of British Columbia (BCSEA)

•         Commercial Energy Consumers Association of British Columbia (CEC)

•         City of Trail

•         Movement of United Professionals (MoveUp)

•         Teck Resources Ltd. (Teck); and

•         Clean Energy Association of British Columbia (CEABC);

G.      BC Hydro, BCSEA, CEC and Teck expressed that an oral hearing is not needed. City of Trail took no position on whether it prefers an oral hearing. MoveUp and FBC supported a written process. CEABC expressed support for an oral hearing due to quality of BC Hydro’s information request responses, and alternatively suggested an oral presentations stage following the submission of final arguments. Only CEABC indicated that it would be filing intervener evidence. CEC suggested another procedural conference to be held after the filing of intervener evidence to address next steps;

H.      BC Hydro indicated that it will file with the Commission a letter agreement it has signed with FBC on how to address concerns FBC had about the possible implications of the Waneta 2017 Transaction on its current transmission arrangements with Teck;

I.        On February 16, 2018, BC Hydro filed with the Commission the letter agreement between BC Hydro and FBC;

J.        On February 16, 2018, FBC filed with the Commission an agreement it has signed with Teck on how to address concerns FBC has regarding the Waneta 2017 Transaction, specifically in relation to its continued access to Line 71 and the status of the 1987 Agreement if the Waneta 2017 Transaction is completed. FBC and Teck are parties to the 1987 Agreement which relates to Line 71;

K.      The Commission acknowledges the CEABC’s request for oral hearing or alternatively oral presentations is due to its concern about the quality of BC Hydro’s information request responses. In light of the submissions made by all parties at the Procedural Conference, at this time the Commission defers making any determination on the possibility of an oral hearing or oral presentations;

L.       The Commission has determined that a further regulatory timetable for the review of the Application should be established including an extension to the deadline for a second round of Commission information requests, intervener evidence filing deadline and corresponding information requests, and a second procedural conference.

NOW THEREFORE the Commission orders as follows:

1.       A further regulatory timetable for the review of BC Hydro’s Waneta 2017 Transaction Application is established as set out in Appendix A to this order.

2.       A second Procedural Conference will be held at 9:00 a.m. on Tuesday, April 3, 2018, in the Commission’s Hearing Room on 12^th Floor, 1125 Howe Street, Vancouver, BC V6Z 2K8.

DATED at the City of Vancouver, in the Province of British Columbia, this       19^th       day of February 2018.

BY ORDER

Original signed by:

D. M. Morton

Commissioner

Attachment

British Columbia Hydro and Power Authority

Waneta 2017 Transaction Application