Orders

Decision Information

Decision Content

ORDER NUMBER

G-212-19

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

FortisBC Energy Inc.

Application for Approval of an Operating Agreement

Between the Corporation of the City of Castlegar and FEI

 

BEFORE:

R. I. Mason, Panel Chair

W. M. Everett, QC, Commissioner

B. A. Magnan, Commissioner

 

on September 5, 2019

 

ORDER

WHEREAS:

 

A.      On July 11, 2019, FortisBC Energy Inc. (FEI) applied to the British Columbia Utilities Commission (BCUC) for approval of an operating agreement dated July 5, 2019, entered into between the Corporation of the City of Castlegar (Castlegar) and FEI (the FEI-Castlegar Operating Agreement or Application);

B.      FEI (through predecessor companies Inland Natural Gas Co. Ltd. and BC Gas Utility Ltd.) and the City of Castlegar entered into a franchise agreement, which expired on August 30, 1998;

C.      FEI and Castlegar entered into a franchise agreement dated October 13, 1998, approved by BCUC Order C-17-98, which expired on August 29, 2019;

D.      FEI submits that the FEI-Castlegar Operating Agreement is based on the same terms as the FEI-Kamloops Operating Agreement;

E.       On June 3, 2019, FEI applied to the BCUC for approval to use the FEI-Kamloops Operating Agreement as the basis for comparison in subsequent operating agreement applications with Interior municipalities, and by Order G-176-19, dated July 31, 2019, the Panel established a public hearing process to address FEI’s request;

F.       The BCUC issued interim approval of the FEI-Castlegar Operating Agreement in Order G-170-19, dated July 29, 2019;

G.     By Order G-183-19 dated August 2, 2019, the BCUC deferred making a final determination on the approval of the FEI-Castlegar Operating Agreement until the conclusion of the public hearing process on the use of the FEI-Kamloops Operating Agreement as the basis for comparison in subsequent operating agreements with Interior municipalities;

H.      On August 6, 2019, FEI filed a letter withdrawing the request for approval to use the FEI-Kamloops Operating Agreement as a basis for comparison for operating agreements with Interior municipalities;

I.        By Order G-207-19, dated August 29, 2019, the BCUC dismissed FEI’s application to use the FEI-Kamloops Operating Agreement as a basis for comparison in subsequent operating agreements with Interior municipalities, and rescinded the associated regulatory timetable; and

J.        The Panel has reviewed the Application and considers that a public hearing process is warranted.

 

NOW THEREFORE under section 23(1)(g) of the Utilities Commission Act, the BCUC orders as follows:

 

1.       A public hearing process and a regulatory timetable is established, as set out in Appendix A to this order.

2.       FEI must publish, no later than Thursday, September 26, 2019, on its website and 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 Castlegar.

DATED at the City of Vancouver, in the Province of British Columbia, this            5th             day of September 2019.

 

BY ORDER

 

Original signed by:

 

R. I. Mason

Commissioner

 

 

Attachment

 

 


FortisBC Energy Inc.

Application for Approval of an Operating Agreement

Between the Corporation of the City of Castlegar and FEI

 

REGULATORY TIMETABLE

 

 

Action

Date (2019)

FEI notice to the City of Castlegar customers

Thursday, September 26

Intervener registration and letters of comment deadline

Thursday, October 10

Further process

To be determined

 

 


PUBLIC NOTICE

 


OPERATING AGREEMENT BETWEEN THE CITY OF CASTLEGAR AND FEI

On July 11, 2019, FortisBC Energy Inc. (FEI) applied to the British Columbia Utilities Commission (BCUC) for approval of a revised operating agreement with the City of Castlegar. The operating agreement between both parties outlines the terms of administering and operating gas distribution facilities within the City of Castlegar.

 

More information on the application can be found at bcuc.com on our “Current Proceedings” page, a hard copy of the application is also available for review at the BCUC’s office and FEI’s head office

 


HOW TO PARTICIPATE

         Submit a letter of comment

         Request intervener status

 

IMPORTANT DATES

         Thursday, October 10, 2019 – Deadline to register as an intervener or file a letter of comment with the BCUC.

 

For more information on getting involved, please visit our website (www.bcuc.com/get-involved) or contact us at the information below.

 

GET MORE INFORMATION

 

FortisBC Energy Inc. Regulatory Affairs

16705 Fraser Highway

Surrey, BC Canada V4N 0E8

 

E: gas.regulatory.affairs@fortisbc.com

 

P: 778. 578.3874

British Columbia Utilities Commission

Suite 410, 900 Howe Street

Vancouver, BC Canada  V6Z 2N3

 

E: Commission.Secretary@bcuc.com

 

P: 604.660.4700

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.