ORDER NUMBER
G-306-21
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
FortisBC Energy Inc.
Extension Request Related to Filing Additional Detailed Operating Terms with the City of Coquitlam
BEFORE:
B. A. Magnan, Commissioner
on October 27, 2021
ORDER
WHEREAS:
A. On October 14, 2021, FortisBC Energy Inc. (FEI) filed a request with the British Columbia Utilities Commission (BCUC) for a further extension to on or before December 15, 2021 to file the additional detailed operating terms that apply to requests made by the City of Coquitlam (City). FEI stated it required additional time to continue the consultation efforts with the City to reach an agreement on some or all the additional detailed operating terms before filing them with the BCUC (altogether, Extension Request);
B. On May 16, 2019, pursuant to section 99 of the Utilities Commission Act (UCA), the City filed with the BCUC an application for Reconsideration and Variance of Order G‐80‐19 (Reconsideration Application). In its Reconsideration Application, the City requests that the BCUC reconsider and vary Order G‐80‐19 on the grounds that the BCUC erred in law;
C. By Order G-114-21, the BCUC ordered that, pursuant to sections 32 and 99 of the UCA, Directive 2 of Order G-80-19 is varied to read that “upon request by the City that FEI remove a portion of the abandoned NPS 20 Pipeline to accommodate a reasonable municipal purpose”;
D. By Order G-114-21 and accompanying Decision, the Panel requested FEI to file with the BCUC, within 90 days of the date of the Order, additional detailed operating terms with the City;
E. On July 16, 2021, BCUC staff approved an extension to file the operating agreement to October 15, 2021, for efficiency purposes; and
F. The BCUC has reviewed the Extension Request and considers that an extension to the filing of the operating terms is warranted.
NOW THEREFORE, pursuant to section 99 of the UCA, the BCUC orders as follows:
The directive contained in section 6.1 of the Decision accompanying Order G-114-21 is varied as follows:
1. FEI’s request for an extension to the filing deadline of the additional detailed operating terms that apply to requests made by the City to FEI to remove any portion of the abandoned NPS 20 Pipeline, is approved.
2. FEI must submit the additional detailed operating terms that apply to requests made by the City to FEI to remove any portion of the abandoned NPS 20 Pipeline, the terms of which should be modelled on the Burnaby Terms of Reference and be entirely consistent with the Cost Allocation Formula specified in the Decision accompanying Order G-114-21.
DATED at the City of Vancouver, in the Province of British Columbia, this 27th day of October 2021.
BY ORDER
Original signed by:
B. A. Magnan
Commissioner