ORDER NUMBER
G-133-18
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
Shannon Wall Centre Rental Apartments Limited Partnership
Application
for approval of the disposition of its interest
in the Shannon Estates Thermal Energy System to Shannon Estates Utility Ltd.
BEFORE:
D. J. Enns, Commissioner/Panel Chair
on July 20, 2018
ORDER
WHEREAS:
A. On March 13, 2018, Shannon Wall Centre Rental Apartments Limited Partnership (SWCRA), applied to the British Columbia Utilities Commission (BCUC), pursuant to section 52 of the Utilities Commission Act (UCA) for approval of the disposition of 100 percent of its interest in the Shannon Estates Thermal Energy System (SETES), and relevant UCA approvals, to its wholly-owned sister subsidiary Shannon Estates Utility Ltd. (SEUL); and consequential orders of the BCUC to reflect SEUL assuming all rights and obligations of SWCRA in relation to the SETES (Application);
B. By Order C-4-16 dated April 21, 2016, pursuant to sections 45 and 46 of the UCA, the BCUC granted SWCRA a Certificate of Public Convenience and Necessity to own and operate the SETES at an estimated total capital cost of $7.5 million;
C. By Order G-77-16A dated June 1, 2016, the BCUC approved interim and refundable rates for SWCRA effective June 1, 2016;
D. By Order G-190-17 dated December 19, 2017, the BCUC set rates and rate structure for SWCRA on a permanent basis effective from June 1, 2016 to December 31, 2019;
E. By Order G-68-18 dated April 3, 2018, the BCUC established the regulatory timetable for the review of the Application, which included one round of information requests, deadline for letters of comment, deadline for SWCRA to respond to letters of comment and further process to be determined;
F. By Order G-91-18 dated May 11, 2018, the BCUC issued a further regulatory timetable that included a workshop to be held on June 11, 2018;
G. On June 11, 2018, the workshop was held and attended by
representatives of SWRCA, and interested parties, which included Mr. Gerard
Duffy and Mr. Martin Parker, representing Coach House Strata EPS2413, and Ms.
Francesca Turner representing Strata EPS2412;
H. Subsequent to the workshop on June 11, 2018, Mr. Duffy submitted a
letter to the BCUC regarding one of the issues raised during the workshop and
SWRCA responded to Mr. Duffy’s letter on June 21, 2018;
I.
Subsequent to the SWCRA’s response on June 21,
2018, Mr. Duffy submitted a letter requesting an opportunity to provide comment
on SWCRA’s June 21, 2018 submission;
J.
In reply to Mr. Duffy’s request, SWCRA submitted
a letter dated July 11, 2018 stating further comment was not needed; and
K. The BCUC has considered the submissions and determines that further comment is not warranted for the reasons attached as Appendix A to this order.
NOW THEREFORE the BCUC denies Mr. Duffy’s request to provide comment on SWCRA’s June 21, 2018 submission and closes the evidentiary record.
DATED at the City of Vancouver, in the Province of British Columbia, this 20th day of July 2018.
BY ORDER
Original signed by
D. J. Enns
Commissioner
Attachment
Shannon Wall Centre Rental Apartments Limited Partnership
Application
for approval of the disposition of its interest
in the Shannon Estates Thermal Energy System to Shannon Estates Utility Ltd.
REASONS FOR DECISION
The review process for the application for Shannon Wall Centre Rental Apartments Limited Partnership (SWCRA) disposition of its interest in the Shannon Estates Thermal Energy System to Shannon Estates Utility Ltd. (Application) was set out in British Columbia Utilities Commission (BCUC) Orders G-68-18, G-91-18, G-110-18 and G-121-18. These orders established the Regulatory Timetable for the review of the Application, including a workshop.
On June 12, 2018, Mr. Duffy, an interested party, submitted a letter to the BCUC regarding issues raised during the workshop about solar panels located on the roof of the SWRCA rental building. SWRCA responded to the issues raised in Mr. Duffy’s letter on June 21, 2018.
On June 28, 2018, Mr. Duffy submitted a letter requesting an opportunity to provide comment on SWCRA’s June 21, 2018 submission, which amounts to a sur-reply. SWCRA replied to Mr. Duffy’s request stating further comment was not needed as they have addressed the matter and proposed a solution in previous submissions.
Commission Determination
The Panel denies Mr. Duffy’s request to provide a sur-reply as no new issue has been raised in SWRCA’s June 21, 2018 response, which would justify the need for a sur-reply and, in any event, SWCRA has addressed the issues raised by Mr. Duffy in previous submissions. The panel therefore closes the evidentiary record.