Orders

ORDER NUMBER

G-153-22

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

British Columbia Utilities Commission

BCUC Review of British Columbia Hydro and Power Authority
Independent Power Producer Agreements

 

BEFORE:

A. K. Fung, QC, Panel Chair

W. M. Everett, QC, Commissioner

M. Kresivo, QC, Commissioner

 

on June 9, 2022

 

ORDER

WHEREAS:

 

A.      On June 10, 2020, by way of Directive 2 of Order G-148-20, the British Columbia Utilities Commission (BCUC) directed British Columbia Hydro and Power Authority (BC Hydro) to file with the BCUC all existing, but unfiled agreements, entered after and including October 1, 2001, that are associated with and materially affect existing Electricity Purchase Agreements (EPAs), within 30 days of the date of that order (Directive 2);

B.      On July 10, 2020, by Order G-185-20, the BCUC approved BC Hydro’s requested extension to vary the filing deadline set out in Directive 2 from July 10, 2020 to August 10, 2020;

C.      On August 6, 2020, BC Hydro submitted to the BCUC a request to reconsider and vary Directive 3 of Order G-148-20, pursuant to section 99 of the UCA and also requested the BCUC :

1.       Confirm the intended scope of Directive 2; and

2.       Further vary and extend the filing deadline for Directive 2 to 60 days after the date of the BCUC’s decision on the Reconsideration Application or 60 days after the date of a BCUC letter clarifying the intended scope of Directive 2;

D.      By letter dated August 28, 2020, the BCUC confirmed that because Directive 2 did not refer to section 71 of the Utilities Commission Act (UCA), the corresponding compliance filing would be for informational purpose only. The BCUC also approved BC Hydro’s request for a further extension to the filing deadline in Directive 2 to October 27, 2020;

E.       On October 27, 2020, BC Hydro submitted the compliance filing per Directive 2;

F.       By letter dated, June 8, 2022, the BCUC requested that BC Hydro file 11 agreements on or before
June 22, 2022, including the original relevant EPAs and explanations as to the material changes to the EPAs as affected by these 11 agreements; and

G.      The BCUC has reviewed BC Hydro’s compliance filing and considers a hearing is warranted to determine whether any or all of the agreements are subject to filing with and review by the BCUC pursuant to section 71 of the UCA and, if so, whether acceptance by the BCUC of such agreements is warranted.

 

NOW THEREFORE the BCUC orders the regulatory timetable, as set out in Appendix A to this order, is established.

 

DATED at the City of Vancouver, in the Province of British Columbia, this          9^th         day of June 2022.

 

BY ORDER

 

Original signed by:

 

A. K. Fung, QC

Commissioner

British Columbia Utilities Commission

BCUC Review of British Columbia Hydro and Power Authority
Independent Power Producer Agreements