ORDER NUMBER
G-333-20
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
British Columbia Hydro and Power Authority
2020 Transfer Pricing Agreement Application
BEFORE:
R. I. Mason, Panel Chair
E. B. Lockhart, Commissioner
T. A. Loski, Commissioner
on December 16, 2020
ORDER
WHEREAS:
A. On May 29, 2020, British Columbia Hydro and Power Authority (BC Hydro) filed the 2020 Transfer Pricing Agreement (TPA) Application seeking an order from the British Columbia Utilities Commission (BCUC) accepting the 2020 TPA as filed under section 71 of the Utilities Commission Act (UCA) (Application);
B. BC Hydro states the 2020 TPA came into effect on April 1, 2020, replacing the TPA for Electricity and Natural Gas dated April 1, 2003;
C. By Order G-61-12 dated May 17, 2012, the BCUC established the Rules for Energy Supply Contracts (ESC) for Electricity (Rules). The Rules are intended to facilitate the BCUC’s review of ESCs and proposed ESCs for electricity;
D. By Order G-156-20 dated June 17, 2020, the BCUC established a regulatory timetable;
E. The regulatory timetable was subsequently amended by Orders G-204-20 and G-285-20, with a current deadline for BC Hydro to file responses to BCUC and Intervener Information Requests No. 1 on January 14, 2020;
F. On December 1, 2020, BC Hydro filed an application requesting that the BCUC reconsider and vary two directives from its Fiscal 2020 to Fiscal 2021 Revenue Requirements Application (F2020-F2021 RRA) Decision which relate to the inclusion of Powerex net income in the Trade Income Deferral Account (Reconsideration Application);
G. By letter dated December 11, 2020, BC Hydro requested a suspension of this proceeding, pursuant to sections 2.1 and 4(1) of the UCA, section 11(1) of the Administrative Tribunals Act and section 4.01 of the BCUC’s Rules of Practice and Procedure (Suspension Request);
H. BC Hydro explains in the Suspension Request that as a result of the directives and associated statements in the BCUC’s Decision on the F2020-F2021 RRA as well as BC Hydro’s Reconsideration Application dated December 1, 2020 regarding certain directives from the F2020-F2021 RRA Decision, the regulatory framework upon which the 2020 TPA is based, is uncertain; and
I. The BCUC has reviewed BC Hydro’s Suspension Request and considers the following action to be warranted.
NOW THEREFORE the BCUC orders this proceeding is adjourned and the regulatory timetable, as set out in Order G-285-20, is suspended from the date of this order until further notice to be provided pending the outcome of the Reconsideration Application.
DATED at the City of Vancouver, in the Province of British Columbia, this 16th day of December 2020.
BY ORDER
Original signed by:
R. I. Mason
Commissioner