ORDER NUMBER
C-1-23
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
Creative Energy Thompson Rivers Limited Partnership
Application for Approval of a Certificate of Public Convenience and Necessity
for the Thompson Rivers University Low-Carbon District Energy System
BEFORE:
E. B. Lockhart, Panel Chair
T. A. Loski, Commissioner
A. Pape-Salmon, Commissioner
on May 03, 2023
ORDER
WHEREAS:
A. On November 25, 2021, Creative Energy Thompson Rivers Limited Partnership (Creative Energy) submitted an application with British Columbia Utilities Commission (BCUC) for a Certificate of Public Convenience and Necessity (CPCN) for the Thompson Rivers University (TRU) Low Carbon District Energy System (LCDES) pursuant to sections 45 and 46 of the Utilities Commission Act (UCA) (CPCN Application);
B. In the CPCN Application, Creative Energy also seeks approval, pursuant to section 88(3) of the UCA, for an exemption for any requirement to file a contract with TRU under section 71 of the UCA in relation to TRU’s provision of electricity and natural gas to Creative Energy with respect to the TRU LCDES (Exemption Request);
C. On December 9, 2021, TRU applied to the BCUC for an order under section 88(3) of the UCA exempting TRU from section 71 and Part 3 of the UCA in respect of the transmission, sale, delivery or provision of electricity and natural gas by TRU to Creative Energy for use in the TRU LCDES (TRU Exemption Application);
D. By Order G-7-22 dated January 11, 2022, the BCUC among other things, ordered that both Creative Energy’s CPCN Application and the TRU Exemption Application be heard at the same time, and established a written hearing process and a regulatory timetable for review of the applications, which consisted of, among other things, public notice, intervener registration, BCUC and intervener information requests (IR) and submissions on further process;
E. The Commercial Energy Consumers Association of BC was the sole intervener;
F. The regulatory timetable was subsequently amended by Order G-41-22, dated February 18, 2022, and by Order G-97-22 dated April 7, 2022 to include Panel IR, Creative Energy and TRU final arguments, intervener argument and reply arguments;
G. On May 3, 2022, Creative Energy and TRU filed their final arguments, and included a request to adjourn the proceeding pending the outcome of an application with the Ministry of Advanced Education and Skills Training (Ministry) for approval of the statutory right of way (SRW);
H. By Orders G-122-22 dated May 6, 2022 and subsequent letters, the BCUC adjourned the proceeding and granted extension requests made by Creative Energy to provide the BCUC an update on the SRW application;
I. By BCUC Order G-356-22 dated December 9, 2022, upon notice of Ministry approval of the SRW, the BCUC proceeded to intervener final argument and reply argument; and
J. The BCUC has considered the evidence and submissions and finds that the certain approvals are warranted.
NOW THEREFORE pursuant to sections 45 and 46 of the Utilities Commission Act and for the reasons set out in the Decision issued concurrently with this order, the British Columbia Utilities Commission orders as follows:
1. Creative Energy is granted a CPCN for the TRU LCDES Project.
2. Creative Energy is directed to comply with all the directives outlined in Section 9 of the Decision issued concurrently with this order.
DATED at the City of Vancouver, in the Province of British Columbia, this 3rd day of May 2023.
BY ORDER
Original signed by:
E. B. Lockhart
Commissioner