Orders

 

ORDER NUMBER

G-183-23

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

Corix Multi-Utility Services Inc.

Application for Approvals relating to Restructuring and Business Combination Transactions

 

BEFORE:

A. K. Fung, KC, Panel Chair

M. Kresivo, KC, Commissioner

 

 

on July 11, 2023

 

ORDER

WHEREAS:

 

A.      On November 16, 2022, Corix Multi-Utility Services Inc. (CMUS) and SW Merger Acquisition Corp. (SWMAC) applied to the British Columbia Utilities Commission (BCUC), pursuant to sections 45, 46, 50, 52 and 54 of the Utilities Commission Act (UCA) for approval of certain steps of a proposed restructuring involving CMUS and a proposed business combination involving the acquisition of a reviewable interest in CMUS (Application);

B.      By Orders G-369-22, G-21-23, G-88-23, and G-146-23, the BCUC established a regulatory timetable for the proceeding, which included Notice of Application, intervener registration, two rounds of BCUC and intervener information requests (IRs) to CMUS (IR No. 1 and IR No. 2) and CMUS responses to IRs with responses to IR No. 2 to be filed by Thursday, June 15, 2023;

C.      Residential Consumer Intervener Association (RCIA) registered as an intervener in the proceeding, and has actively participated to date. RCIA issued IRs to CMUS in IR No. 1 but did not issue any further IRs to CMUS in IR No. 2 as outlined in their letter dated May 26, 2023;

D.      In accordance with the cover letter accompanying this order, the BCUC requests CMUS to provide as part of final arguments an explanation as to why Attachments 2, 4, 5 and 8 of responses to BCUC IR No. 1 and Attachment 12 of responses to BCUC IR No. 2 (Confidential Attachments) should be kept confidential after the completion of the proposed restructuring and business combination transactions. Additionally, if the BCUC determines that confidentiality for some or all of the Confidential Attachments is warranted only for a limited period after the completion of the transactions, CMUS is requested to specify the length of that time period, or alternatively, the appropriate trigger(s) for reconsideration by the BCUC of the need for their continued confidentiality, and the rationale for such proposal; and

E.       The BCUC has reviewed CMUS’ responses to IR No. 2 and determines that the establishment of a further regulatory timetable is warranted.

 

NOW THEREFORE the BCUC establishes a further regulatory timetable for the review of the Application, as set out in Appendix A to this order.

 

 

 

DATED at the City of Vancouver, in the Province of British Columbia, this             11^th           day of July 2023.

 

BY ORDER

 

Original signed by:

 

A. K. Fung, KC

Commissioner

 

Attachment

 

 

Corix Multi-Utility Services Inc.

Application for Approvals relating to Restructuring and Business Combination Transactions