ORDER NUMBER
G-206-18
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
FortisBC Energy Inc. (FEI) Application for Approval of an
Operating Agreement between the City of Kelowna and FEI
BEFORE:
R. I. Mason, Panel Chair/Commissioner
W. M. Everett, QC, Commissioner
B. A. Magnan, Commissioner
on October 31, 2018
ORDER
WHEREAS:
A. The City of Kelowna and the predecessor companies to FortisBC Energy Inc. (FEI) (Terasen Gas Inc., BC Gas Utility Ltd. and Inland Natural Gas Co. Ltd.) entered into a Franchise Agreement when natural gas was first made available to the Okanagan in 1957;
B. By Order C-15-80, the British Columbia Utilities Commission (BCUC) approved the Franchise Agreement entered into between FEI (through predecessor company Inland Natural Gas Co. Ltd.) and the City of Kelowna on January 20, 1978;
C. BCUC Order C-2-02 extended the Franchise Agreement between FEI (through predecessor company BC Gas Utility Ltd.) and the City of Kelowna to October 31, 2018;
D. On October 9, 2018, FEI applied to the BCUC for approval of an Operating Agreement dated September 27, 2018, between the City of Kelowna and FEI (Application), under section 23(1)(g) of the Utilities Commission Act (UCA);
E. The Panel will be unable to make a final determination on the Application prior to the expiry date of the Franchise Agreement; and
F. The Panel has reviewed the Application and considers that a regulatory timetable should be established.
NOW THEREFORE under section 23(1)(g) of the UCA, the BCUC orders as follows:
1. Given the expiry of the Franchise Agreement on October 31, 2018, the Panel approves the Operating Agreement on an interim basis until a final determination is made on the Operating Agreement Application.
2. A public hearing process and a regulatory timetable is established, as set out in Appendix A to this order.
3. FEI must publish, no later than Wednesday, November 21, 2018, in display-ad format, the Public Notice attached as Appendix B to this order. Publication should be in such appropriate news publications as may properly provide adequate notice to FEI customers in the City of Kelowna.
DATED at the City of Vancouver, in the Province of British Columbia, this 31st day of October 2018.
BY ORDER
Original signed by:
R. I. Mason
Commissioner
Attachment
FortisBC Energy Inc.
FortisBC Energy Inc. (FEI) Application for Approval of an
Operating Agreement between the City of Kelowna and FEI
REGULATORY TIMETABLE
Action |
Date (2018) |
FEI Notice to City of Kelowna customers |
Wednesday, November 21 |
Intervener registration |
Wednesday, December 5 |
BCUC Information Request (IR) No. 1 to FEI |
Tuesday, December 11 |
Intervener IR No. 1 |
Tuesday, December 18 |
Action |
Date (2019) |
FEI Response to BCUC and Intervener IR No. 1 |
Thursday, January 10 |
Participant Written Comments on Further Process |
Thursday, January 17 |
Further Process |
To be determined |
On October 9, 2018, FortisBC Energy Inc. applied to the British Columbia Utilities Commission (BCUC), under section 23(1)(g) of the Utilities Commission Act for approval of an operating agreement dated September 27, 2018, between the City of Kelowna and FortisBC Energy Inc.
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