Orders

 

ORDER NUMBER

F-43-23

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

Corix Multi-Utility Services Inc.

Restructuring and Business Combination Transactions

Participant Cost Award Application

 

BEFORE:

A. K. Fung, KC, Panel Chair

M. Kresivo, KC, Commissioner

 

on November 29, 2023

 

ORDER

WHEREAS:

 

A.      On November 16, 2022, Corix Multi-Utility Services Inc. (CMUS) and SW Merger Acquisition Corp. (collectively, the Applicants) 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 pre-closing restructuring involving CMUS (Pre-Closing Restructuring) and a proposed business combination (Business Combination) involving the acquisition of a reviewable interest in CMUS (Application);

B.      By Orders G-369-22, G-21-23, G-88-23, G-146-23, and G-183-23, the BCUC established a regulatory timetable for the proceeding, which included Notice of Application, intervener registration, two rounds of BCUC and intervener information requests and final and reply arguments;

C.      Residential Consumer Intervener Association (RCIA) registered as an intervener in the proceeding;

D.      On October 18, 2023, the BCUC issued Decision and Order G-279-23, granting approvals for certain steps of the proposed Pre-Closing Restructuring and Business Combination transactions, and attached a list of conditions to these approvals to ensure that the public interest is preserved;  

E.       RCIA filed a Participant Cost Award (PCA) application with the BCUC with respect to its participation in the proceeding seeking the following amount:

 

F.       By letter dated November 8, 2023, the Applicants provided their comments on RCIA’s PCA application, stating they have no comments or objections regarding the PCA application, and requested that the BCUC direct the PCA order to CMUS, instead of the Applicants jointly; and

G.      The BCUC has reviewed the PCA application in accordance with the criteria and rates set out in the BCUC’s Rules of Practice and Procedure for Participant Cost Awards, attached to BCUC Order G-72-23, and concludes that the cost award as applied for should be approved.

 

NOW THEREFORE pursuant to section 118(1) of the UCA, the BCUC orders as follows:

 

1.       Funding is awarded to RCIA in the amount listed below for its participation in the proceeding:

 

2.       In accordance with the Applicants’ request, CMUS is directed to reimburse RCIA for the awarded amount in a timely manner.

 

DATED at the City of Vancouver, in the Province of British Columbia, this             29^th          day of November 2023.

 

BY ORDER

 

Original signed by:

 

A. K. Fung, KC

Commissioner