ORDER NUMBER
G-287-23
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
FortisBC
Generic Cost of Capital Stage 1 Confidentiality of Exhibits
BEFORE:
B. A. Magnan, Panel Chair
on October 24, 2023
ORDER
WHEREAS:
A. By Order G-66-21 dated March 8, 2021, pursuant to section 82 of the Utilities Commission Act, the British Columbia Utilities Commission (BCUC) established a Generic Cost of Capital (GCOC) proceeding;
B. By Order G-236-23 and accompanying decision dated September 5, 2023, the BCUC completed Stage 1 of the GCOC proceeding, which determined the deemed capital structure and allowed return on equity for FortisBC Energy Inc. (FEI) and FortisBC Inc. (FBC) (collectively, FortisBC);
C. By Order G-258-23 dated September 29, 2023, the BCUC ordered that the following exhibits in Stage 1 of the GCOC proceeding’s evidentiary record will be kept confidential due to their proprietary or commercially sensitive nature (Confidential Exhibits):
i. Exhibit B1-9-1, FortisBC Response to BCUC Information Request (IR) No. 1, Attachments 51.1, 56.2.1, and 58.6;
ii. Exhibit B1-11-1, FortisBC Response to CEC IR No. 1, CEC IR1 52.1 and Attachments 23.2 and 25.1;
iii. Exhibit B1-12-1, FortisBC Response to ICG IR No. 1, ICG IR1 5.1; and
iv. Exhibit B1-19-1, FortisBC Response to BCOAPO IR No. 2, BCOAPO IR2 69.1, 83.1.1 and Attachment 69.1;
D. In Order G-258-23, the BCUC also directed FortisBC to provide, with explanation, a period of time for which the Confidential Exhibits should remain confidential for BCUC acceptance;
E. By letter dated October 13, 2023, FortisBC submits that the Confidential Exhibits should remain confidential in perpetuity because either: (i) the information is proprietary and only available to subscribers and is not to be disclosed publicly; or (ii) the redaction is necessary to maintain confidentiality over customer information which FortisBC does not have permission to publicly disclose, and public disclosure may negatively impact these customers;
F. By letter dated October 13, 2023, FortisBC also withdraws its request for confidential treatment of Exhibit B1-10-1 in Stage 1 of the GCOC proceeding’s evidentiary record in relation to Directives 3 and 4 of Order
G-258-23; and
G. The BCUC has considered FortisBC’s letter in accordance with the BCUC’s Rules of Practice and Procedures as set out in Order G-72-23 and makes the following determination.
NOW THEREFORE the BCUC accepts that the Confidential Exhibits be kept confidential in perpetuity due to their proprietary and commercially sensitive nature.
DATED at the City of Vancouver, in the Province of British Columbia, this 24th day of October 2023.
BY ORDER
Original signed by:
B. A. Magnan
Commissioner