Orders

ORDER NUMBER

R-25-21

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

Tolko Industries Limited

Application for Acceptance of a Mitigation Plan (Version 1) required for

Compliance with Mandatory Reliability Standard:

PRC-005-1a Requirement 2 – Violation ID:  BCUC2019000711

BEFORE:

W. M. Everett, QC, Commissioner

on November 2, 2021

ORDER

WHEREAS:

A.      On October 11, 2021, the Western Electricity Coordinating Council (WECC), acting as the Administrator for the British Columbia Mandatory Reliability Standards Program (BC MRS Program), issued a Recommendation of Mitigation Plan (MP) Acceptance (Recommendation) to bring Tolko Industries Limited (Tolko) into compliance with the reliability standard identified above;

B.      Section 125.2 of the Utilities Commission Act (UCA) assigns exclusive jurisdiction to the British Columbia Utilities Commission (BCUC) to determine whether a “reliability standard,” as defined in the UCA, is in the public interest and should be adopted in British Columbia;

C.      By Order G-123-09, the BCUC appointed WECC as its Administrator for registration and monitoring compliance pursuant to section 8 of the UCA. WECC’s role as Administrator for the BC MRS Program is pursuant to the Administration Agreement between WECC and the BCUC signed on October 8, 2009, and renewed on July 5, 2019;

D.      Order G-123-09 also approved the Compliance Monitoring Program (CMP) for monitoring and enforcement of adopted reliability standards and the most recent revisions to the CMP were approved by Order R-40-17, dated September 1, 2017;

E.       Pursuant to section 5.1.1 of the CMP, an entity subject to approved Mandatory Reliability Standards found in Confirmed Violation of a reliability standard must prepare an MP to correct the Confirmed Violation or prepare a description of how the Confirmed Violation has been mitigated. Pursuant to section 5.3.2 of the CMP, an MP with respect to a Confirmed Violation must be submitted to the Administrator within ten days following confirmation by the BCUC;

F.       An MP with respect to a Possible Violation or an Alleged Violation may be submitted at any time and the BCUC encourages entities to mitigate all perceived instances of noncompliance upon detection;

G.      On September 15, 2021, Tolko submitted MP (Version 1) to address the Possible Violation PRC-005-1a R2 with the proposed completion date of November 19, 2021, as shown below; and

H.      The BCUC reviewed WECC’s Recommendation and considers that acceptance of the MP (Version 1) for
PRC-005-1a R2 is warranted.

NOW THEREFORE pursuant to section 125.2(10) of the UCA and in accordance with the CMP, the BCUC accepts the MP with the proposed completion date as identified in recital G above.

DATED at the City of Vancouver, in the Province of British Columbia, this              2^nd           day of November 2021.

BY ORDER

Original signed by:

W. M. Everett, QC

Commissioner