Orders

ORDER NUMBER

G-323-20

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

FortisBC Energy Inc.

Application for Approval of Rates and Agreement for Constructing and Operating a Compressed Natural Gas Fueling Station under the Province’s Greenhouse Gas Reduction (Clean Energy) Regulation

for Waste Connections Canada Inc. in Abbotsford, BC

BEFORE:

W. M. Everett, QC, Panel Chair

B. A. Magnan, Commissioner

R. I. Mason, Commissioner

on December 9, 2020

ORDER

WHEREAS:

A.      On November 13, 2020, FortisBC Energy Inc. (FEI) applied to the British Columbia Utilities Commission (BCUC), pursuant to sections 59 to 61 and section 89 of the Utilities Commission Act (UCA), for approval of rates established in the Fueling Equipment Licence and Use Agreement between FEI and Waste Connections of Canada Inc. (Formerly BFI Canada Inc.) (WC) (WC Agreement) on an interim basis effective February 1, 2021 (Application). 

B.      FEI requests the live financial model filed as Appendix B to the Application be held confidential on the basis it is the result of significant development effort by FEI on behalf of its customers, and therefore the formulas and configuration of the model are commercially sensitive;

C.      On April 11, 2013, the BCUC issued Order G-56-13 accepting that the Greenhouse Gas Reduction (Clean Energy) Regulation (GGRR) established the need for Compressed Natural Gas (CNG) and Liquefied Natural Gas (LNG) fueling stations that are undertaken by FEI, as prescribed undertakings as defined by the GGRR, and that these prescribed undertaking projects are exempt from the Certificate of Public Convenience and Necessity requirements for the term of the GGRR;

D.      BCUC Order G-56-13 also states that the BCUC will set rates considering FEI’s total expenditures on the prescribed undertakings, but confirms that the BCUC’s role does not include whether FEI ought to have negotiated different terms and conditions for those agreements with CNG or LNG fueling station customers;

E.       FEI and WC entered into the WC Agreement, dated June 29, 2020, which established the terms, conditions and rates for FEI to construct and operate a CNG fueling station located on WC’s property in Abbotsford, British Columbia (WC Abbotsford Fueling Station) to provide CNG fueling service to WC.

F.       The expected in-service date for the WC Abbotsford Fueling Station is February 1, 2021; and

G.      The BCUC has commenced review of the Application and determines that a regulatory timetable is warranted.

NOW THEREFORE the BCUC orders as follows:

1.       The regulatory timetable for the review of the Application is established, as set out in Appendix A to this order.

2.       The live financial model filed as Appendix B to the Application will be kept confidential due to its commercially sensitive nature.

DATED at the City of Vancouver, in the Province of British Columbia, this             9^th             day of December 2020.

BY ORDER

Original signed by:

W. M. Everett, QC

Commissioner

Attachment

FortisBC Energy Inc.

Application for Approval of Rates and Agreement for Constructing and Operating a Compressed Natural Gas Fueling Station under the Province’s Greenhouse Gas Reduction (Clean Energy) Regulation

for Waste Connections Canada Inc. in Abbotsford, BC