Orders

ORDER NUMBER

G-204-18

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

British Columbia Hydro and Power Authority

Electricity Purchase Agreement Extension Applications for

Armstrong Wood Waste Co-Generation and NWE Williams Lake Wood Waste Facilities

BEFORE:

D. M. Morton, Panel Chair

B. A. Magnan, Commissioner

R. I. Mason, Commissioner

on October 22, 2018

ORDER

WHEREAS:

A.      On February 27, 2018, British Columbia Hydro and Power Authority (BC Hydro) filed an application with the British Columbia Utilities Commission (BCUC), pursuant to section 71 of the Utilities Commission Act (UCA), to accept two separate agreements (Extension Agreements) as follows (collectively, the Application):

              I.      An agreement dated November 17, 2017 that amends and extends a 2009 electricity purchase agreement (EPA) with an original expiration date of November 20, 2017 between BC Hydro and Tolko Industries Ltd. (Armstrong EPA Extension) for the Armstrong Wood Waste Co-Generation Plant. The Armstrong EPA Extension is set to expire June 30, 2019, and BC Hydro may exercise an option to extend the expiry date to September 30, 2019; and

            II.      An agreement dated December 29, 2017 that amends and extends a 1990 EPA with an original expiration date of April 1, 2018 between BC Hydro and Atlantic Power Preferred Equity Ltd. for the NWE Williams Lake Wood Waste project (NWE Williams Lake EPA Extension). The NWE Williams Lake EPA Extension is set to expire June 30, 2019, and BC Hydro may exercise an option to extend the expiry date to September 30, 2019;

B.      By Order G-61-12, dated May 17, 2012, the BCUC approved the Rules for Energy Supply Contracts for Electricity (Rules). Appendix A of Order G-61-12 contains the Rules, which are intended to facilitate the BCUC’s review of energy supply contracts for electricity, pursuant to section 71 of the UCA;

C.      On December 19, 2016, the BCUC received a letter from Ms. Erin Gray, who represents four Williams Lake residents, requesting to be notified when the NWE Williams Lake EPA Extension was filed with the BCUC, and that if and when the EPA Extension was filed that the BCUC require a hearing;

D.      By Order G-69-18 dated April 3, 2018, the BCUC established a written hearing process and a regulatory timetable for the review of the Application. The regulatory timetable was subsequently amended by Order G-87-18;

E.       By April 27, 2018, BC Pulp and Paper Coalition; BC Sustainable Energy Association, Sierra Club BC and Rail Ties Be Wise (BCSEA et al.); and the Commercial Energy Consumers Association of British Columbia (CEC) registered as interveners in the proceeding;

F.       By June 20, 2018, the BCUC received submissions from BC Hydro, BCSEA et al. and CEC recommending to proceed to final arguments;

G.      By Order G-123-18 dated July 11, 2018, the BCUC established the remainder of the Regulatory Timetable;

H.      BC Hydro and interveners filed final arguments on August 7, 2018 and August 14, 2018, respectively. BC Hydro filed its reply argument on August 21, 2018; and

I.        The Panel has reviewed the evidentiary record to date and considers that additional Panel information requests are warranted.

NOW THEREFORE the BCUC orders that the evidentiary record is reopened and the Regulatory Timetable is established and attached as Appendix A to this order.

DATED at the City of Vancouver, in the Province of British Columbia, this            22nd             day of October 2018.

BY ORDER

Original Signed By:

D. M. Morton

Commissioner

Attachment

British Columbia Hydro and Power Authority

Electricity Purchase Agreement Extension Applications

for Armstrong Wood Waste Co-Generation and NWE Williams Lake Wood Waste Facilities