Orders

ORDER NUMBER

G-309-21

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

Barriere Ridge Power Inc.

Application for Exemption pursuant to

Section 88(3) of the Utilities Commission Act

BEFORE:

T. A. Loski, Panel Chair

C. M. Brewer, Commissioner

W. M. Everett, QC, Commissioner

on October 29, 2021

ORDER

WHEREAS:

A.      On March 16, 2021, Barriere Ridge Power Inc. (BR Power) filed an application with the British Columbia Utilities Commission (BCUC) for exemption from section 71 and partial exemption from part 3 of the Utilities Commission Act (UCA) with respect to its resale of electricity at Barriere Ridge Resort, a remote development of recreational properties on East Barriere Lake, which is approximately 20 km east of Barriere, BC (Application);

B.      In the Application, BR Power states that it purchases electricity from British Columbia Hydro and Power Authority (BC Hydro) and re-sells it to lot owners at Barriere Ridge Resort, all of whom are shareholders of BR Power;

C.      BR Power has been reselling electricity to lot owners since 2013, when it began operations of its electrical distribution system;

D.      BR Power acknowledges in the Application that by reselling energy to others, BR Power falls within the definition of “public utility” as defined in section 1 of the UCA;

E.       By Order G-130-21 dated April 29, 2021, the BCUC established a regulatory timetable for review of the Application, which included public notification, one round of BCUC information requests (IR), BR Power responses to BCUC IRs, a letter of comment period, and further process to be determined;

F.       By Order G-186-21 dated June 16, 2021, the BCUC amended the regulatory timetable in response to BR Power’s request for additional time to file responses to BCUC IR No. 1; 

G.      On July 14, 2021, BR Power filed its responses to BCUC IR No. 1 with supplemental information filed on August 12, 2021;

H.      By Order G-246-21 dated August 18, 2021, the BCUC established a further regulatory timetable and, among other things, directed BR Power to provide a second notice of the Application and order to specified Indigenous groups. Order G-246-21 also directed BR Power to provide the BCUC evidence of confirmation that the specified Indigenous groups received notice of the Application and order and noted that such evidence may be in the form of a phone log, reply email, or similar record;

I.         On October 12, 2021, BR Power filed a submission with the BCUC, which included copies of notices sent to the Simpcw First Nation, the Shuswap Nation Tribal Council, the Adams Lake Indian Band, and the Shuswap Indian Band;

J.        By Order G-304-21 dated October 26, 2021, the BCUC found that insufficient evidence of confirmation that the specified Indigenous groups received notice of the Application and order had been provided to the BCUC and amended the regulatory timetable. Order G-304-21 also directed BR Power to deliver notice of the Application and order to specified Indigenous groups and directed BR Power to provide proof of such delivery to the BCUC;

K.       By Letter dated October 27, 2021, BR Power requested additional time to deliver notice of the Application and order to the specified Indigenous groups (Extension Request); and

L.       The Panel has reviewed the Extension Request and considers that an amendment to the regulatory timetable is warranted.

NOW THEREFORE the BCUC orders the regulatory timetable amended by Order G-304-21 is further amended as set out in Appendix A to this order.

DATED at the City of Vancouver, in the Province of British Columbia, this                29^th            day of October 2021.

BY ORDER

Original signed by:

T. A. Loski

Commissioner

Attachment

Barriere Ridge Power Inc.

Application for Exemption pursuant to Section 88(3) of the Utilities Commission Act