ORDER NUMBER
G-119-20
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
British Columbia Hydro and Power Authority
Electricity Purchase Agreement Extension – Hluey Lake Hydroelectric Facility
BEFORE:
R. I. Mason
C. Brewer
W. M. Everett
on May 20, 2020
ORDER
WHEREAS:
A. On April 30, 2020, pursuant to section 71 of the Utilities Commission Act (UCA), British Columbia Hydro and Power Authority (BC Hydro) filed with the British Columbia Utilities Commission (BCUC) a six-month extension agreement from the original expiry date of January 31, 2020, extending the electricity purchase agreement (EPA) to July 31, 2020, between BC Hydro and MPT Hydro LP for the Hluey Lake Hydroelectric Facility (Hluey Lake EPA Extension) (Filing);
B. By Ministerial Order M-22-9801, dated August 28, 1998, any EPA agreed upon by BC Hydro or any persons selling electricity to BC Hydro on or before March 31, 2000, are exempt from section 71 of the UCA. The threshold date for this exemption was subsequently updated to September 30, 2001, by Amending Ministerial Order M-22-9801-A1;
C. By Order E-10-94, dated June 22, 1994, the BCUC approved an EPA between BC Hydro and Tahltan Nation Development Corporation (TNDC) for the Hluey Lake Hydroelectric Facility (Hluey Lake Hydro EPA). Since that time, ownership of the Hluey Lake Hydroelectric Facility has transferred to MPT Hydro LP, a wholly owned subsidiary of Capstone Infrastructure Corporation;
D. By Order G-61-12, dated May 17, 2012, the BCUC approved the Rules for Energy Supply Contracts for Electricity (Rules). Appendix A of Order G-61-12 contains the Rules, which are intended to facilitate the BCUC’s review of energy supply contracts for electricity, pursuant to section 71 of the UCA;
E. On March 27, 2020, BC Hydro requested an extension from the 60-day filing rule for the filing of EPAs, or amendments, as set out in the Rules, for the Hluey Lake EPA Extension;
F. By letter dated March 30, 2020, the BCUC granted BC Hydro’s filing extension request;
G. BC Hydro requests the un-redacted version of the Filing, including the entirety of the Hluey Lake Hydro EPA, be held confidential as it contains information that is commercially sensitive, and the release of which may harm BC Hydro’s negotiating position with respect to other EPAs; and
H. The Panel has reviewed the Filing and considers acceptance of the Hluey Lake EPA Extension is warranted.
NOW THEREFORE pursuant to section 71 of the UCA and the Rules, the BCUC orders the following:
1. The Hluey Lake EPA Extension is accepted for filing.
2. The BCUC will hold the un-redacted version of the Filing, including the Hluey Lake Hydro EPA, confidential as it contains commercially sensitive information.
DATED at the City of Vancouver, in the Province of British Columbia, this 20th day of May 2020.
BY ORDER
Original Signed By:
R. I. Mason
Commissioner