ORDER NUMBER
G-6-20
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
FortisBC Energy Inc.
Application for Approval of an Amending Agreement to the Fueling Station Licence and
Use Agreement between FortisBC Energy Inc. and Waste Connections Solutions Inc.
BEFORE:
B. A. Magnan, Commissioner
W. M. Everett, QC, Commissioner
R. I. Mason, Commissioner
on January 14, 2020
ORDER
WHEREAS:
A. On December 30, 2019, FortisBC Energy Inc. (FEI) applied to the British Columbia Utilities Commission (BCUC), pursuant to sections 59 to 61 of the Utilities Commission Act (UCA), for approval of an amending agreement dated December 26, 2019 (Amending Agreement No. 3) to the Fueling Station Licence and Use Agreement between FEI and Waste Connections Solutions Inc. (formerly BFI Canada Inc.) (WC) (Application);
B. FEI and WC entered into a Fueling Station Licence and Use Agreement dated January 31, 2012, which established the terms, conditions and rates for FEI to construct and operate a Compressed Natural Gas (CNG) refueling station located on the premises of WC in Coquitlam, British Columbia (WC Station) to provide CNG fueling service to WC;
C. By Order G-78-13 dated May 14, 2013, the BCUC approved the rates for WC to receive CNG fueling service at the WC Station. Pursuant to Order G-78-13, FEI and WC entered into an amending agreement dated December 31, 2013 to revise the rates established in the Fueling Station Licence and Use Agreement (Amending Agreement No. 1), which had an expiry date of September 30, 2019 (collectively, FEI-WC Agreement);
D. By Order G-242-19, the BCUC approved a further amending agreement to the FEI-WC Agreement dated September 13, 2019 (Amending Agreement No. 2) which retained all the terms, conditions and rates in the FEI-WC Agreement and extended the expiry date of the FEI-WC Agreement to December 31, 2019 to allow FEI and WC to continue negotiations for a potential renewal of the WC Agreement;
E. Amending Agreement No. 3 retains all the terms, conditions and rates in the FEI-WC Agreement and only extends the expiry date of the FEI-WC Agreement to March 31, 2020 to allow FEI and WC to continue negotiations for a potential renewal of the WC Agreement; and
F. The BCUC has reviewed the Application and considers that approval of the rates established in the FEI-WC Agreement as amended by Amending Agreement No. 3 on a permanent basis is warranted.
NOW THEREFORE pursuant to sections 59 to 61 of the UCA, the BCUC orders as follows:
1. The rates established in the FEI-WC Agreement as amended by Amending Agreement No. 3 are approved on a permanent basis, effective January 1, 2020.
2. FEI is to file Amending Agreement No. 3 in tariff supplement form for endorsement by the BCUC within 15 days of the date of this order.
DATED at the City of Vancouver, in the Province of British Columbia, this 14th day of January 2020.
BY ORDER
Original signed by:
B.A. Magnan
Commissioner