Orders

ORDER NUMBER

E-23-23

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

British Columbia Hydro and Power Authority

Electricity Purchase Agreement Extension for Moresby Lake Hydro Project

 

BEFORE:

B. A. Magnan, Panel Chair

E. B. Lockhart, Commissioner

E. A. Brown, Commissioner

 

on November 23, 2023

 

ORDER

WHEREAS:

 

A.      On October 27, 2023, pursuant to section 71 of the Utilities Commission Act (UCA), British Columbia Hydro and Power Authority (BC Hydro) filed for acceptance with the British Columbia Utilities Commission (BCUC) a three-month extension agreement (Third Extension Agreement) extending the electricity purchase agreement (EPA) between BC Hydro and Atlantic Power Preferred Equity Ltd. (as assignee) for the Moresby Lake Hydro Project (Moresby Lake EPA) to November 30, 2023 (Filing);

B.      The BCUC approved the original EPA for the Moresby Lake Hydro Project by Order E-1-89 dated
March 23, 1989, and approved a subsequent amended EPA by Order E-16-93 dated September 10, 1993;

C.      The further amended Moresby Lake EPA was exempted from section 71 of the UCA in accordance with Ministerial Order M-22-9801 and was to expire on August 31, 2022;

D.      By Order G-61-12, dated May 17, 2012, the BCUC approved the Rules for Energy Supply Contracts for Electricity (Rules). Appendix A of Order G-61-12 contains the Rules, which are intended to facilitate the BCUC’s review of energy supply contracts for electricity, pursuant to section 71 of the UCA;

E.       By Order E-24-22, dated December 15, 2022, the BCUC approved a six-month extension to the Moresby Lake EPA (Moresby Lake Extension Agreement) ending on February 28, 2023;

F.       On May 9, 2023, at the 4^th Session, 42nd Parliament (2023), the Legislative Assembly of the Province of British Columbia passed the Haida Nation Recognition Act pursuant to BILL 18 – 2023, which recognizes the Haida Nation’s inherent rights of governance and self-determination and recognizes the Council of the Haida Nation is the government of the Haida Nation;

G.      By Order E-9-23, dated June 1, 2023, the BCUC approved a further six-month extension to the Moresby Lake EPA to August 31, 2023; and

H.      The Panel has reviewed the Filing and considers acceptance of the Third Extension Agreement is warranted.

 

NOW THEREFORE pursuant to section 71 of the UCA and the Rules, the BCUC orders as follows:

 

1.       The Moresby Lake EPA Third Extension Agreement ending November 30, 2023, is accepted for filing.

 

DATED at the City of Vancouver, in the Province of British Columbia, this          23^rd         day of November 2023.

 

BY ORDER

 

Original signed by:

 

B. A. Magnan

Commissionner