Orders

ORDER NUMBER

R-9-23

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

British Columbia Hydro and Power Authority

Confidentiality of Confirmed Violations of the

FAC-003 Transmission Vegetation Management Mandatory Reliability Standard

 

BEFORE:

B. A. Magnan, Commissioner

 

on March 31, 2023

 

ORDER

WHEREAS:

 

A.      On March 22, 2022, the British Columbia Utilities Commission (BCUC) issued confidential Order R-10-22 confirming the following eight violations of the FAC-003 Transmission Vegetation Management Reliability Standard by the British Columbia Hydro and Power Authority (BC Hydro) (Confirmed Violations) and directed all compliance materials related to the violations be held confidential until the BCUC determines otherwise;

B.      By Order G-123-09, dated October 15, 2009, the BCUC approved the Rules of Procedure for Reliability Standards in British Columbia (BC ROP), including the Compliance Monitoring Program (CMP) appended thereto, which provides processes for monitoring compliance with reliability standards adopted by the BCUC. Most recent revisions to the CMP were approved by Order R-40-17, dated September 1, 2017;

C.      Order G-123-09 also appointed the Western Electricity Coordinating Council (WECC) as the BCUC’s Administrator for monitoring compliance for the British Columbia Mandatory Reliability Standards Program, as per section 8 of the UCA and in adherence with the BC ROP and CMP. The Administration Agreement between WECC and the BCUC was signed on October 8, 2009, and WECC’s role as Administrator for the
BC MRS Program was renewed most recently on July 5, 2019;

D.      On June 19, 2020, WECC issued confidential and public versions of a compliance violation investigation report regarding a Compliance Violation Investigation of BC Hydro pertaining to FAC-003-4 which was initiated by various vegetation caused sustained outages in 2019 and warranted by BCUC Order R-18-19, dated September 9, 2019 (CVI Report);

E.       On April 8, 2022, WECC issued a revision of Notice of Alleged Violation (NOAV) CF1867 to BC Hydro citing alleged violations of the FAC-003 Transmission Vegetation Management Mandatory Reliability Standard (NOAV CF1867);

F.       On October 17, 2022, BC Hydro filed its submissions on confidentiality. BC Hydro stated should the BCUC determine it must decide on the treatment of NOAV CF1867 and the CVI Report prior to the conclusion of the associated penalty proceeding, it submitted that NOAV CF1867 and the CVI Report should not be released;

G.      By Order R-36-22 dated November 9, 2022, the BCUC established a further regulatory timetable allowing
BC Hydro the opportunity to file proposed redactions to versions of NOAV CF1867 and the CVI Report;

H.      On November 23, 2022, BC Hydro stated that if the BCUC decides that the release of NOAV CF1867 and the CVI Report prior to the conclusion of the associated penalty proceeding, that NOAV CF1867 and the public version of the CVI Report with redactions be released;

I.         By Order R-39-22 dated December 12, 2022, the BCUC adjourned this proceeding pending the conclusion of the associated penalty proceeding;

J.        By Order R-3-23 dated January 30, 2023, the BCUC concluded the associated penalty proceeding by publicly releasing the confirmation order and the Notice of Penalty with Reasons for Decision for the Confirmed Violations; and

K.       The BCUC has reviewed BC Hydro’s submissions and determines that the public release of NOAV CF1867 and a redacted CVI Report is warranted.

NOW THEREFORE the BCUC orders as follows:

1.       The redacted CVI Report dated June 19, 2022 is to be made public, as attached in Appendix A.

2.       NOAV CF1867 dated April 8, 2022 is to be made public, as attached in Appendix B.

DATED at the City of Vancouver, in the Province of British Columbia, this                31^st             day of March 2023.

 

BY ORDER

 

Original signed by:

 

B. A. Magnan

Commissioner

 

Attachment