ORDER NUMBER
G-185-20
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
British Columbia Hydro and Power Authority
Walden North Forbearance Agreement
BCUC Order G-148-20 – Directive 2 Extension Application
BEFORE:
B. A. Magnan, Commissioner
on July 10, 2020
ORDER
WHEREAS:
A. On July 7, 2020, British Columbia Hydro and Power Authority (BC Hydro) submitted an application to the British Columbia Utilities Commission (BCUC), requesting an extension to the filing deadline set by Directive 2 of Order G-148-20, from July 10, 2020 to 30 days following a decision on an application to reconsider Order G-148-20 (Application);
B. By Order G-148-20 with Reasons for Decision, dated June 10, 2020, the BCUC issued the following directives:
1. BC Hydro is directed to file the Forbearance Agreement with the BCUC, pursuant to section 71 of the Utilities Commission Act (UCA), within 15 days of the date of this order;
2. BC Hydro is directed to file with the BCUC all existing, but unfiled agreements entered after and including October 1, 2001, that are associated with and materially affect existing EPAs (Unfiled Agreements), within 30 days of the date of this order;
3. BC Hydro is directed to file with the BCUC future agreements that are associated with and materially affect existing EPAs as separate amending agreements, pursuant to section 71 of the UCA;
C. On June 25, 2020 BC Hydro filed with the BCUC the Forbearance Agreement, pursuant to section 71 of the UCA, and in compliance with Directive 1 of Order G-148-20. In the filing, BC Hydro stated that the reconsideration will be filed within 60 days of the date of Order G-148-20, as specified in section 26.02 of the BCUC’s Rules of Practice and Procedure;
D. A reconsideration has not yet been filed with the BCUC as of the date of this order; and
E. The BCUC has reviewed the Application and considers that a variance to the filing deadline set by Directive 2 of Order G-148-20 is warranted.
NOW
THEREFORE pursuant to section 77 of the UCA, the
BCUC rejects BC Hydro’s Application for extension to the filing deadline as set
out in Directive 2 of Order G-148-20, from July 10, 2020 to 30 days following a
decision on an application to reconsider Order G-148-20, as the reconsideration
has yet to be filed with the BCUC. However, in order to allow for the potential
filing of a reconsideration, the Panel approves an extension and thus a variance
to the filing deadline set out in Directive 2 of Order G-148-20 from July 10,
2020 to August 10, 2020. Should BC Hydro file the reconsideration, application
can be made to further vary Directive 2 of Order
G-148-20 at that time.
DATED at the City of Vancouver, in the Province of British Columbia, this 10th day of July 2020.
BY ORDER
Original signed by:
B. A. Magnan
Commissioner