ORDER NUMBER
G-257-23
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
FortisBC Energy Inc.
Interim Rates and Agreement for GFL Environmental Inc.
for Fuelling Service from the Burnaby Operations CNG Station
BEFORE:
B. A. Magnan, Commissioner
W. E. Royle, Commissioner
on September 28, 2023
ORDER
WHEREAS:
B. By Orders G-72-17 and G-73-17 dated May 17, 2017, the BCUC determined that the compressed natural gas (CNG) fuelling station located on FEI’s property in Burnaby, British Columbia (Burnaby Operations Fuelling Station) met the requirements for a prescribed undertaking as defined by the Greenhouse Gas Reduction (Clean Energy) Regulation and approved the rate design and rates established in two separate fuelling services agreements with Canadian Linen & Uniform Service (Canadian Linen) and SF Disposal Queen Ltd., respectively, for CNG fuelling service from the Burnaby Operations Fuelling Station on a permanent basis, effective July 1, 2016. The fuelling service agreement with Canadian Linen expired on June 30, 2023;
C. On June 1, 2023, FEI and Canadian Linen entered into a fuelling services agreement as amended by Amending Agreement No. 1 dated June 20, 2023 (collectively, Canadian Linen-Burnaby Operations Agreement) which established the terms, conditions and rates for Canadian Linen to continue receiving CNG fuelling service from the Burnaby Operations Fuelling Station, effective July 1, 2023. The rates established in the Canadian Linen-Burnaby Operations Agreement are consistent with the rates approved by Orders G-72-17 and G-73-17;
D. On June 23, 2023, FEI applied to the BCUC for approval of the rates established in the Canadian Linen-Burnaby Operations Agreement (Canadian Linen-Burnaby Operations Application). By Orders G-167-23 and G-216-23 dated June 28, 2023 and August 15, 2023, respectively, the BCUC established and furthered the regulatory timetable for review of the Canadian Linen-Burnaby Operations Application. Order G-167-23 also approved the rates established for Canadian Linen in the Canadian Linen-Burnaby Operations Agreement on an interim and refundable/recoverable basis, effective July 1, 2023;
E. The GFL-Burnaby Operations Agreement establishes the terms, conditions, and rates for GFL to continue receiving CNG fuelling service from the Burnaby Operations Fuelling Station, effective October 1, 2023. The rates established in the GFL-Burnaby Operations Agreement are consistent with the rates approved by Orders G-72-17, G-73-17, G-167-23 and G-227-23; and
F. The BCUC has reviewed the Application and determines that approval of the proposed rates on an interim basis is warranted.
NOW THEREFORE pursuant to sections 59 to 61 and 89 of the Utilities Commission Act, the BCUC orders as follows:
1. The rates established for GFL in the GFL-Burnaby Operations Agreement are approved on an interim and refundable/recoverable basis, effective October 1, 2023.
2. FEI is directed to file an application with the BCUC to seek permanent rates for GFL to receive CNG fuelling service from the Burnaby Operations Fuelling Station once the BCUC has issued a decision on permanent rates for the Canadian Linen-Burnaby Operations Application.
3. FEI is directed to refund to or recover from GFL any variance between the interim rates and the permanent rates as determined by the BCUC following the final determination of the application seeking permanent rates for GFL to receive CNG fuelling service from the Burnaby Operations Fuelling Station, with interest calculated at the average prime rate of FEI’s principal bank for its most recent year.
4. FEI is to file the GFL-Burnaby Operations Agreement in tariff supplement form for endorsement by the BCUC within 15 days of the date of this order.
DATED at the City of Vancouver, in the Province of British Columbia, this 28th day of September 2023.
BY ORDER
Original signed by:
B. A. Magnan
Commissioner