ORDER NUMBER
G-211-19
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 Township of Spallumcheen and FortisBC Energy Inc.
BEFORE:
R. I. Mason, Panel Chair
on September 6, 2019
ORDER
WHEREAS:
A. On May 10, 2019, FortisBC Energy Inc. (FEI) applied to the British Columbia Utilities Commission (BCUC) for approval of an operating agreement (FEI-Spallumcheen Operating Agreement) dated May 7, 2019, between the Corporation of the Township of Spallumcheen (Spallumcheen) and FEI (Application), pursuant to section 23(1)(g) of the Utilities Commission Act (UCA);
B. On December 17, 1997, Spallumcheen and FEI (through its predecessor company BC Gas Utility Ltd.) entered into a franchise agreement, approved by Order C-5-98, which expired on May 15, 2019;
C. By Order G-104-19 dated May 14, 2019, the BCUC issued interim approval of the FEI-Spallumcheen Operating Agreement;
D. By Order G-131-19 dated June 14, 2019, the BCUC established a public hearing process for the review of the Application, which included a public notice, intervener registration, deadline for letters of comments and further process to be determined. No applications to intervene were received by the registration deadline of July 19, 2019;
E.
On June 3, 2019, FEI sought BCUC 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 BCUC established a public hearing
process to address FEI’s request;
F. By Order G-179-19 dated August 2, 2019, the BCUC deferred making a final determination on the approval of the FEI-Spallumcheen 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;
G. 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;
H. 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Operating Agreement as a basis for comparison in subsequent operating agreements with Interior municipalities, and rescinded the associated regulatory timetable; and
I. The Panel has reviewed the Application and considers the following determinations are warranted.
NOW THEREFORE, pursuant to section 23(1)(g) of the UCA, the BCUC orders the FEI-Spallumcheen Operating Agreement, dated May 7, 2019 between FEI and Spallumcheen, is approved on a permanent basis.
DATED at the City of Vancouver, in the Province of British Columbia, this 6th day of September 2019.
BY ORDER
Original signed by:
R. I. Mason
Commissioner