ORDER NUMBER
C-3-23
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
River District Energy Limited Partnership
Application for Approval for a Certificate of Convenience and Necessity to Construct and Operate
the Second Phase of the District Energy Utility System for the River District Development
BEFORE:
E. B. Lockhart, Panel Chair
C. M. Brewer, Commissioner
B. A. Magnan, Commissioner
on June 27, 2023
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS:
A. On June 30, 2022, River District Energy Limited Partnership (RDE) submitted an application with the British Columbia Utilities Commission (BCUC) for a Certificate of Public Convenience and Necessity (CPCN) to construct and operate the second phase of the District Energy Utility System (DEU) for the River District Development (River District) (River District DEU), pursuant to sections 45 and 46 of the Utilities Commission Act (UCA) (Application);
B. On December 19, 2011, pursuant to Order C-14-11, RDE was granted a CPCN to construct and operate temporary and permanent natural gas fuelled energy centres and related thermal distribution piping system and energy transfer stations. The construction of the permanent energy centre and the planned build out of the River District DEU was postponed due to the slower than anticipated build out of River District;
C. In the Application, RDE seeks approval to construct a new permanent Community Energy Centre (CEC) that will use thermal energy generated from waste heat produced at Metro Vancouver Regional District’s (MVRD) Waste-to-Energy Facility (WTEF) in Burnaby, and delivered to RDE by pipeline through a closed loop hot water system. RDE’s residual energy needs will be met with natural gas-fired hot water boilers located in the CEC. The proposed facilities also include the buildout of RDE’s thermal energy distribution piping system to connect the remaining development sites within River District;
D. By Orders G-234-22 and G-323-22, the BCUC established and amended the regulatory timetable for the review of the Application, which included public notice, intervener registration, and two rounds of information requests to RDE from the BCUC and interveners;
E. By Order dated G-26-23, the BCUC further established the regulatory timetable to include RDE and intervener written final arguments, and RDE written reply argument; and
F. The BCUC has considered the Application, the evidence and submissions in this proceeding and determines that certain approvals are warranted.
NOW THEREFORE for the reasons set out in the Decision issued concurrently with this order and pursuant to sections 45 and 46 of the UCA, the BCUC orders as follows:
1. RDE is granted a CPCN to construct and operate the following:
(a) a Community Energy Centre that will house:
i. MVRD’s energy transfer equipment required to transfer up to 10 MW of thermal energy from MVRD to RDE;
ii. RDE’s two 10 MW natural gas-fired hot water boilers;
iii. RDE’s two 4 MW natural gas-fired hot water boilers relocated from RDE’s Temporary Energy Centre (TEC) 3; and
iv. Other Community Energy Centre related equipment outlined in Section 7.1.1 of the Application.
(b) The Distribution Piping System (DPS), Energy Transfer Stations (ETS) and related facilities required by RDE to serve future customer buildings identified in Figure 7-2 of the Application.
2. RDE is directed to file Project reports as outlined in Appendix A of the Decision.
3. RDE is no longer required to report to the BCUC for Phase 1 of the River District DEU, as directed by BCUC Order C-14-11.
4. RDE is directed to report to the BCUC, within 30 days of such event, any material changes to the terms of the Thermal Energy Sale and Purchase Agreement (TESPA), dated December 14, 2021, between MVRD and RDE, or if either RDE or MVRD ceases to be in material compliance with the terms of the TESPA.
DATED at the City of Vancouver, in the Province of British Columbia, this 27th day of June 2023.
BY ORDER
Original signed by:
E. B. Lockhart
Commissioner