ORDER NUMBER
G-35-21
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
FortisBC Energy Inc.
Biomethane Energy Recovery Charge Rate Methodology
Assessment Report
BEFORE:
D. M. Morton, Panel Chair
R. I. Mason, Commissioner
D. A. Cote, Commissioner
on January 29, 2021
ORDER
WHEREAS:
A. On August 12, 2016, the British Columbia Utilities Commission (BCUC) issued its Decision and accompanying Order G-133- 16 approving FortisBC Energy Inc.’s (FEI) Biomethane Energy Recovery Charge (BERC) Rate Methodology Application. Directive 16 of the Decision directed FEI to file a comprehensive assessment report for BCUC approval at the earlier of the application by FEI for a transfer of biomethane inventory from the Biomethane Variance account to the Mid-Stream Reconciliation account, or four years after the date of issue of the Decision, whichever came first;
B. On August 12, 2020, in accordance with Directive 16 of the Decision, FEI filed the BERC Rate Assessment Report (Assessment Report) with the BCUC;
C. By Order G-292-20, dated November 12, 2020, the BCUC established the regulatory timetable for the review of the Assessment Report, including a list of preliminary scope items attached as Appendix C to that order and requested submissions on scope from all parties;
D. On November 17, 2020, FEI requested that the BCUC rescind Order G-292-20, for reasons of regulatory efficiency, and instead establish a regulatory review process with two stages or two separate processes. FEI submitted that the process established in Order G-292-20 is premature, and a second stage or process would follow subsequent to FEI filing an application for changes to its Renewable Natural Gas Program (RNG Program) after completing its planned comprehensive review;
E. By way of letter dated November 20, 2020, the BCUC suspended the operation of Order G-292-20, pending a review of the regulatory timetable;
F. By Order G-301-20, dated November 30, 2020, the BCUC established an amended regulatory timetable for the review of the Assessment Report, identifying three process alternatives attached as Appendix B to that order and requested submissions on the process alternatives from all parties;
G. The following parties registered as interveners in the proceeding:
(i) British Columbia Old Age Pensioners’ Organization et al (BCOAPO);
(ii) B.C. Sustainable Energy Association and the Sierra Club B.C., (jointly BCSEA);
(iii) Commercial Energy Consumers Association of British Columbia (CEC); and
(iv) Movement of United Professionals (MoveUP);
H. By January 14, 2021, BCOAPO, BCSEA, the CEC and MoveUP each made submissions regarding Order G-301-20 in support of the second process alternative identified by the BCUC in Appendix B to that order;
I. On January 28, 2021, FEI filed its reply to the intervener submissions and submits that the two stage review is to first undertake a review of the Assessment Report, which will allow FEI to incorporate consideration of any relevant insights, information or outcomes in its comprehensive review of the RNG Program, formulate proposed changes, and then file an application with the BCUC for examination in a subsequent proceeding;
The BCUC has reviewed the submissions on process alternatives from all parties and determines that a regulatory review process with two stages is warranted.
NOW THEREFORE the BCUC orders as follows:
1. The review of this proceeding shall progress with a two-stage process, in accordance with the regulatory timetable set out in Appendix A to this order.
2. FEI must provide the BCUC with a status update on its comprehensive review of the RNG Program on or before June 30, 2021, including expected timing for the application.
DATED at the City of Vancouver, in the Province of British Columbia, this 29th day of January 2021.
BY ORDER
Original signed by:
D. M. Morton
Commissioner
Attachment
FortisBC Energy Inc.
Biomethane Energy Recovery Charge Rate Methodology Assessment Report
REGULATORY TIMETABLE
Action – Stage 1 Review of FEI’s BERC Rate Assessment Report |
Date (2021) |
BCUC and intervener information request (IR) No. 1 |
Tuesday, February 23 |
FEI response to IR No. 1 |
Monday, March 15 |
FEI Final Argument |
Thursday, March 25 |
Intervener Final Argument |
Thursday, April 8 |
FEI Reply Argument |
Friday, April 16 |
Action – Stage 2 FEI’s RNG Program Review |
Date (2021) |
FEI provides update to the BCUC on comprehensive review and assessment of the RNG Program |
By June 30, 2021 |
Further process |
To be determined |