ORDER NUMBER
G-22-20
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
Ridley Terminals Inc.
Application for an Exemption from Part 3 of the Utilities Commission Act
BEFORE:
B. A. Magnan, Commissioner
on February 18, 2020
ORDER
WHEREAS:
A. On May 15, 2019, Ridley Terminals Inc. (RTI) filed an exemption application with the British Columbia Utilities Commission (BCUC) from Part 3 of the Utilities Commission Act (UCA), pursuant to section 88(3) of the UCA, regarding indirectly connecting Ridley Island LPG (RILE LP) to British Columbia Hydro and Power Authority’s (BC Hydro) bulk transmission system through RTI’s electrical infrastructure (Application). RILE LP has also entered into a Facilities Agreement, Monitoring Agreement, and an Electricity Supply Agreement with BC Hydro for the provision of transmission voltage service via the indirect interconnection;
B. RTI is a federal crown corporation that supports coal developments in northeastern British Columbia. RILE LP is a limited partnership formed between AltaGas LPG Limited Partnership and Vopak Development Canada Inc;
C. RTI and RILE LP have entered into a wheeling agreement dated February 1, 2019, pursuant to which RILE LP will be indirectly interconnected to BC Hydro’s bulk transmission system through RTI’s electrical infrastructure on the RTI site for the purpose of receiving electricity from BC Hydro. In their application, RTI states the interconnection service will be provided only to RILE LP, and not to the public generally;
D. By interconnecting RILE LP with BC Hydro’s bulk transmission system through RTI’s electrical infrastructure on the RTI site for compensation, RILE LP would fall under the UCA definition of a “public utility”;
E. In a letter February 14, 2019, RILE LP stated it supports RTI’s Application;
F. In a letter dated April 30, 2019, BC Hydro stated it supports RTI’s Application;
G. Section 88(3) of the UCA provides that the BCUC may, on conditions it considers advisable and with the advance approval of the Minister responsible for the administration of the Hydro and Power Authority Act, exempt a person, equipment or facilities from the application of all or any of the provisions of the UCA;
H. By Order G-136-19 dated June 20, 2019, the BCUC established a regulatory timetable, which included submissions from stakeholders and one round of BCUC information requests, and further process to be determined. This regulatory timetable was updated by Order G-172-19 dated July 30, 2019;
I. By Ministerial Order No. M031 dated February 11, 2020 and attached as Appendix A to this order, the Minister responsible for the administration of the Hydro and Power Authority Act granted advanced approval to the BCUC to exempt RTI from the requirements of Part 3 of the UCA, except for certain sections as noted below; and
J. The BCUC has reviewed the Application and considers that RTI’s request for exemption is in the public interest.
NOW THEREFORE the BCUC orders as follows:
1. Pursuant to section 88(3) of the UCA, the BCUC, having been granted advance approval by the Minister responsible for the administration of the Hydro and Power Authority Act, effective as of the date of this order:
a. Exempts RTI from the requirements of Part 3 of the UCA except for sections 25, 38, 42 and 43 for its transmission and interconnection facilities used to deliver BC Hydro’s electricity to RILE LP; and
b. The exemption is subject to the condition contained in Directive 2.
2. The exemption referred to in Directive 1 of this order remains in effect until the BCUC orders that the exemption no longer applies.
DATED at the City of Vancouver, in the Province of British Columbia, this 18th day of February 2020.
BY ORDER
Original signed by:
B. A. Magnan
Commissioner
Attachment