Orders

ORDER NUMBER

G-5-24

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

Cambie Gardens Energy Limited Partnership

Complaint filed by S.U.C.C.E.S.S. Affordable Housing Society and the City of Vancouver

 

BEFORE:

D. A. Cote, Panel Chair

E. A. Brown, Commissioner

M. Jaccard, Commissioner

 

on January 11, 2024

 

ORDER

WHEREAS:

 

A.      On June 30, 2023, the British Columbia Utilities Commission (BCUC) received a complaint filed by S.U.C.C.E.S.S Affordable Housing Society (SUCCESS) and the City of Vancouver (City) (collectively, the Complainants), regarding the inability to reach an agreement with Cambie Gardens Energy Limited Partnership (CGE) on the rates and terms for the delivery of thermal energy services from the CGE Thermal Energy System (TES) (Complaint);

B.      On August 18, 2023, CGE responded to the Complaint, seeking, among other things, an order from the BCUC removing the City from the proceeding on the basis that the City is not a customer and is a competitor; and that the City has no standing to participate in the Complaint as it is not a customer of the CGE TES;

C.      By letter dated September 13, 2023, SUCCESS and the City replied to CGE’s letter dated August 18, 2023, including submissions on the standing of the City in the Complaint;

D.      By Order G-271-23 dated October 12, 2023, the BCUC established a regulatory timetable to hear the Complaint; accepted the City as a party to the Complaint; and directed CGE to provide specific information, along with any associated requests for confidentiality as required;

E.       On October 26, 2023, CGE filed a response to the BCUC’s request for supplemental information detailed in Order G-271-23 including associated requests for confidentiality;

F.       On November 2, 2023, the BCUC requested submissions from the Complainants regarding the confidentiality of the materials filed by CGE. Also on November 2, 2023, the BCUC requested additional supplemental information from CGE;

G.      By Order G-306-23 dated November 10, 2023, the BCUC amended the regulatory timetable; determined that certain information filed in the proceeding will be kept confidential from the public due to the presence of commercially sensitive information, until further order of the BCUC; and directed CGE to provide information filed confidentially to the Complainants following receipt of a signed Confidentiality Declaration and Undertaking from both the City and SUCCESS;

H.      On December 14, 2023, CGE filed responses to BCUC and Complainants information requests (IRs) No. 1. Also on December 14, 2023, the Complainants filed responses to BCUC and CGE IRs No. 1; and

I.         The BCUC determines that the establishment of a further regulatory timetable is warranted.

 

NOW THEREFORE the BCUC orders that a further regulatory timetable is established, as set out in Appendix A to this order.

 

 

DATED at the City of Vancouver, in the Province of British Columbia, this     11^th    day of January 2024.

 

BY ORDER

 

Original signed by:

 

D. A. Cote

Commissioner

 

Attachment

 

Cambie Gardens Energy Limited Partnership

Complaint filed by S.U.C.C.E.S.S. Affordable Housing Society and the City of Vancouver