ORDER NUMBER
F-42-23
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
Enbridge ACGS Acquisition Inc.
Application to Acquire Control of the Shares of Aitken Creek Gas Storage ULC
Participant Cost Award Application
BEFORE:
B. A. Magnan, Panel Chair
on November 21, 2023
ORDER
WHEREAS:
A. On May 12, 2023, Enbridge ACGS Acquisition Inc. (Enbridge ACGS) applied to the British Columbia Utilities Commission (BCUC) pursuant to section 54 of the Utilities Commission Act for approval to acquire control of all of the issued and outstanding shares of Aitken Creek Gas Storage ULC (ACGS), by virtue of purchasing the shares of FortisBC Midstream Inc. (FMI), having entered into a purchase agreement with FortisBC Holdings Inc. (FHI) on April 28, 2023 (Application);
B. By Order G-139-23, as amended by Order G-223-23, the BCUC established a regulatory timetable for review of the Application, which included intervener registration, one round of information requests and final arguments;
C. By June 28, 2023, the following parties registered as interveners in the proceeding:
• FortisBC Energy Inc. (FEI);
• Commercial Energy Consumers Association of BC (the CEC);
• Tenaska Marketing Canada (TMC);
• Nova Gas Transmission Ltd. (NGTL); and
• BP Canada Energy Group ULC (BP Canada)
D. On October 16, 2023, by Order G-274-23, the BCUC approved the acquisition by Enbridge ACGS of all the issued and outstanding shares of FMI;
E. The CEC filed a Participant Cost Award (PCA) application with the BCUC with respect to its participation in the proceeding, as follows:
Date |
Participant |
Application |
October 23, 2023 |
CEC |
$9,285.41 |
F. By letter dated November 14, 2023, Enbridge ACGS stated it has no comments on the PCA application; and
G. The BCUC has reviewed the PCA application in accordance with the criteria and rates set out in the New Rules of Practice and Procedure for Participant Cost Awards, attached to BCUC Order G-72-23, and concludes that the cost award should be approved.
NOW THEREFORE pursuant to section 118(1) of the Utilities Commission Act, the BCUC orders as follows:
1. Funding is awarded to the CEC in the listed amount for its participation in the proceeding:
Participant |
Award |
CEC |
$9,285.41 |
2. Enbridge ACGS is directed to reimburse the CEC for the awarded amount in a timely manner.
DATED at the City of Vancouver, in the Province of British Columbia, this 21st day of November 2023.
BY ORDER
Original signed by:
B. A. Magnan
Commissioner