Orders

ORDER NUMBER

G-296-20

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

Kyuquot Power Ltd.

Investigation into the Safety and Reliability of the KPL System

BEFORE:

D. M. Morton, Panel Chair

C. Brewer, Commissioner

T. A. Loski, Commissioner

on November 20, 2020

ORDER

WHEREAS:

A.      By email dated February 13, 2020, a representative of the Ka:’yu:'k't'h' / Che:k'tles7et'h' First Nations (KCFN) filed a complaint with the British Columbia Utilities Commission (BCUC) concerning, amongst other things, a safety matter regarding Kyuquot Power Ltd. (KPL) (Complaint);

B.       The KPL power distribution system (KPL System) is interconnected to the British Columbia Hydro and Power Authority (BC Hydro) electric system and supplies customers, including KCFN, the Village of Houpsitas and others on the outer coast of Kyuquot Sound, with electricity;  

C.       In the Complaint, the KCFN representative stated concerns regarding the reliability, service and maintenance of the KPL System;

D.      On February 14, 2020, the BCUC contacted KPL regarding the Complaint and subsequently requested KPL to provide a written response to the Complaint;

E.       On February 21, 2020, KPL responded, indicating that all but one item that had been identified in the Complaint had been corrected. KPL submitted that the single remaining item would be corrected within 30 days as permitted by Technical Safety British Columbia;

F.       On March 8, 10, 11, and 12, 2020, the KCFN representative contacted the BCUC regarding ongoing power outages of the KPL System;

G.      On March 15, 2020, the BCUC issued Order G-50-20, which among other things directed KPL to provide the BCUC with daily updates starting from March 16, 2020, for the following 15 days on the status of the KPL System, including its operational status, work performed, work planned for the KPL system and a KPL System Stabilization Plan, which included a high-level technical assessment of the KPL System by a qualified professional engineer. The KPL System Stabilization Plan included action items for KPL to undertake to maintain system stability;

H.      On March 17 and 26, 2020, KPL submitted letters to the BCUC requesting an extension to the filing of compliance directives pursuant to Order G-50-20 to March 30, 2020, because of resource availability following the COVID-19 pandemic. The BCUC granted KPL the extension requests and, on March 30, 2020, KPL submitted all of the compliance directives in accordance with Order G-50-20;

I.         In accordance with the BCUC’s Complaint Guidelines, the KCFN made submissions in response to KPL’s compliance directives on April 28, 2020;

J.        On May 15, 2020, by Order G-115-20, the BCUC established a regulatory timetable to review the safety and reliability of the KPL system;

K.       On June 15, 2020, the BCUC submitted BCUC Information Request (IR) No. 1 to KPL. On June 21 and 24, 2020 respectively, the KCFN and British Columbia Old Age Pensioners’ Organization et al. (BCOAPO) submitted their requests to intervene. On July 27, 2020, KPL submitted its responses to BCUC and KCFN IR No. 1;

L.        On August 21, 2020, BCUC amended the regulatory timetable to include another round of BCUC IRs. On August 28, 2020, the BCUC submitted BCUC IR No. 2 to KPL and BCUC IR No. 1 to KCFN. On September 23, 2020, KCFN submitted responses to BCUC IR No. 1 and on September 25, 2020, KPL submitted responses to BCUC IR No. 2;

M.    The BCUC reviewed the evidence submitted and determined that critical items remained incomplete, including urgent vegetation and maintenance work identified in KPL’s System Stabilization Plan.

N.      On October 19, 2020, the BCUC issued Order G-261-20 requiring KPL, among other things, to undertake urgent vegetation and maintenance work within 21 days of issuance of the order;

O.      On November 2, 9 and 16, 2020, KPL submitted progress reports outlining the work undertaken by KPL, pursuant to Order G-261-20;

P.       On November 13, 2020, KPL filed a letter with the BCUC requesting an extension to complete the compliance directives identified in Order G-261-20 (Extension Request). In the Extension Request, KPL states they have been unable to complete the compliance directives within the prescribed timeframes, due to the availability of consultants and contractors, the lack of available working hours due to adverse weather, limited daylight and emergency priorities; and

Q.      The Panel seeks submissions from registered interveners on KPL’s extension request and considers that amending the regulatory timetable is warranted.

NOW THEREFORE the BCUC orders that the regulatory timetable established by Order G-221-20 is amended, as set out in Appendix A to this order to provide time for interveners to make submissions on KPL’s request by
November 25, 2020.

DATED at the City of Vancouver, in the Province of British Columbia, this        20^th        day of November 2020.

BY ORDER

Original signed by:

D. M. Morton

Commissioner

Attachment

Kyuquot Power Ltd.

Investigation into the Safety and Reliability of the KPL System