Orders

ORDER NUMBER

G-150-21

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

FortisBC Energy Inc.

Filing of a Biomethane Purchase Agreement between FEI and Shell North America (Canada) Inc. pursuant to Section 71 of the Utilities Commission Act and BCUC Rules for Natural Gas Energy Supply Contracts

BEFORE:

R. I. Mason, Panel Chair

                                                                                  M. Kresivo, QC, Commissioner                      

D. M. Morton, Commissioner

 

on May 17, 2021

 

ORDER

WHEREAS:

 

A.      On April 29, 2021, FortisBC Energy Inc. (FEI) filed with the British Columbia Utilities Commission (BCUC) an application for acceptance of a Biomethane Purchase Agreement (BPA) between FEI and Shell North America (Canada) Inc. (SHELL) pursuant to section 71 of the Utilities Commission Act (UCA) and BCUC Rules for Natural Gas Energy Supply Contracts (Application);

B.      On April 18, 2010, the Province of British Columbia enacted the Clean Energy Act (CEA), which among other things, defines a prescribed undertaking as “... a project, program, contract, or expenditure that is in a class of projects, programs, contracts or expenditures prescribed for the purpose of reducing greenhouse gas emissions in British Columbia”;

C.      On March 21, 2017, by Order in Council 161/2017, the Lieutenant Governor in Council approved an amendment to the Greenhouse Gas Reduction Regulation (GGRR), which among other things, stated that the acquisition of renewable natural gas (RNG) is a prescribed undertaking under section 2(3.8) of the GGRR subject to:

1. The public utility paying no more than $30/GJ; and

2. the total volume of RNG purchased in a calendar year not exceeding 5% of the total volume of natural
gas provided by a public utility to its non-bypass customers in 2015;

D.      Under the BPA, FEI intends to purchase RNG produced in a facility located in the United States of America;

E.       FEI requests that the unredacted version of the Application and the unredacted version of the SHELL BPA be kept confidential by the BCUC as it contains market sensitive information; and

F.       The BCUC has determined that a public hearing to review the Application is warranted.

NOW THEREFORE the BCUC orders as follows:

 

1.       The establishment of a public hearing process in accordance with the regulatory timetable, as set out in Appendix A to this order.

2.       FEI is directed to publish on its website the Application, this Order and the regulatory timetable, and to provide a copy of the same to registered interveners in the FortisBC Multi-Year Rate Plan for 2020-2024 proceeding and to registered interveners in the FEI Tidal BPA proceeding.

3.       Any party wishing to make submissions on the Application is invited to submit a letter of comment, by the date established in the Regulatory Timetable, attached as Appendix A to this order. Submissions must be filed in the Letter of Comment Form available on the BCUC website. Other parties who wish to actively participate in the proceeding are to register with the BCUC by completing a Request to Intervene Form by the date established in the regulatory timetable and in accordance with the BCUC’s Rules of Practice and Procedure attached to Order G-15-19.

4.       The BCUC will hold the redacted portions of the Application and the SHELL BPA confidential, as requested by FEI, due to their commercially sensitive nature, pending any further determinations.  

 

 

 

 

 

DATED at the City of Vancouver, in the Province of British Columbia, this                    17^th              day of May 2021.

 

BY ORDER

 

Original signed by:

 

R. I. Mason

Commissioner

 

 

Attachment

 

 

FortisBC Energy Inc.

Filing of a Biomethane Purchase Agreement between FEI and Shell North America (Canada) Inc. pursuant to Section 71 of the Utilities Commission Act and BCUC Rules for Natural Gas Energy Supply Contracts