Orders

ORDER NUMBER

G-17-21

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

Lake Okanagan Resort

Potential Non-compliance of the Utilities Commission Act

BEFORE:

T. A. Loski, Commissioner

January 19, 2021

ORDER

WHEREAS:

A.      By Order G-201-20 dated July 30, 2020, the British Columbia Utilities Commission (BCUC) established a public hearing process to review Lake Okanagan Resort’s (LOR) potential contravention of the Utilities Commission Act (UCA) and non-compliance of BCUC orders and directives;

B.      By Order G-333-19 dated December 18, 2019, the BCUC determined that LOR is a public utility as defined in section 1 of the UCA and is therefore subject to regulation by the BCUC under the UCA;

C.      LOR sells metered electricity to condo owners of the following Strata Corporations under section 9.1 (Resale of Electricity) of British Columbia Hydro and Power Authority’s Electric Tariff:

1.       Point Beach 1100 (Strata Plan KAS3858) – 24 units;

2.       Condo 1, 2 and 3 (Strata Plan KAS287) – 18 units;

3.       Chalet – Strata Plan KAS322 – 22 units;

4.       Kingfisher – Strata Plan KAS316 – 18 units; and

5.       Lakeside & Terrace – Strata Plan KAS 520 – 99 units;

D.      By Order G-167-20 dated June 22, 2020, pursuant to sections 42 and 43 of the UCA, the BCUC directed LOR to provide comments on the potential contravention of the UCA and non-compliance with Order G‑333‑19 and Letter L-26-20 by July 6, 2020;

E.       On August 13, 2020, the BCUC issued Staff Questions No. 1 to LOR;

F.       By letter dated August 21, 2020, LOR filed an extension request for the filing of its response to BCUC Staff Questions No. 1. The BCUC approved LOR’s request on August 21, 2020;

G.      By emailed correspondence dated August 31, 2020, LOR submitted its response to BCUC Staff Questions
No. 1;

H.      By letter dated October 9, 2020, LOR filed a two-week extension to gather additional information on the proceeding. The BCUC approved the request on October 19, 2020 and directed LOR to file a plan outlining LOR’s expected filing dates for its Certificate of Public Convenience and Necessity (CPCN) application, permanent rate application and interim tariff pages;

I.         By letters dated November 3 and 19, 2020, respectively, LOR filed its proposed filing dates of the CPCN application, permanent rate application and interim tariff pages. LOR further submitted that a consultation process with stakeholders would be established and that a subsequent update would be provided to the BCUC;

J.        By letter dated January 12, 2021, LOR filed an update regarding its consultation process with stakeholders; and

K.       The BCUC has reviewed LOR’s submissions made to date and considers that further regulatory process is warranted.

NOW THEREFORE the BCUC establishes a further regulatory timetable, as set out in Appendix A to this order.

DATED at the City of Vancouver, in the Province of British Columbia, this         19^th            day of January 2021.

BY ORDER

Original signed by:

T. A. Loski

Commissioner

Attachment

Lake Okanagan Resort

Potential Non-compliance of the Utilities Commission Act