Orders

ORDER NUMBER

G-23-24

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

British Columbia Hydro and Power Authority

Non-Integrated Areas Planning Regulatory Framework

BEFORE:

M. Jaccard, Panel Chair

A. K. Fung, KC, Commissioner

on January 25, 2024

ORDER

WHEREAS:

A.      In the Reasons for Decision attached to Order G-227-22 dated August 12, 2022, in the British Columbia Hydro and Power Authority (BC Hydro) 2021 Integrated Resource Plan proceeding, and pursuant to section 44.1(3) of the Utilities Commission Act (UCA), British Columbia Utilities Commission (BCUC) recommended the establishment of a separate regulatory process to address the review of long-term resource plans for
BC Hydro’s Non-Integrated Areas (NIAs) and Fort Nelson system; 

B.      By Decision and Order G-91-23 dated April 21, 2023, in the BC Hydro Fiscal 2023 to 2025 Revenue Requirements proceeding, in Directive 85 the BCUC directed BC Hydro to file its long-term resource plan for the NIAs by March 31, 2024, and to include as part of that plan details of its NIA Diesel Reduction Strategy including proposed performance metrics for review and approval by the BCUC;

C.      By Decision and Order G-262-23 dated October 5, 2023, in the BC Hydro Permission to File an Application for Reconsideration of Directive 85 after 60 days from the issuance of Order G-91-23 proceeding, BC Hydro was granted an extension request for the reconsideration of Directive 85 to December 15, 2023;

D.      On December 15, 2023, BC Hydro filed the Non-Integrated Areas Planning Regulatory Framework Application (Application);

E.       In the Application, BC Hydro seeks the following approvals:

                     i.            The rescission of Directive 85;

                   ii.            That the BCUC direct that BC Hydro is not required to file long-term resource plans pursuant to section 44.1 of the UCA for the NIAs;

                 iii.            That the BCUC direct BC Hydro to file planning-related information specific to each unique NIA when seeking acceptance of energy supply contracts for new or expanded energy projects in the NIAs pursuant to section 71 of the UCA, or when filing applications with the BCUC for a Certificate of Public Convenience and Necessity for projects in the NIAs pursuant to section 45 of the UCA. The planning-related information would be included as a Community Context Report; and

F.       The BCUC determines establishing a regulatory timetable for the review of the Application is warranted.

i.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             ch includes a request for the reconsideration of Directive 85.

NOW THEREFORE the BCUC orders as follows:

1.       Directive 85 in the BCUC’s Decision and Order G-91-23 dated April 21, 2023 is stayed pending the outcome of the BCUC’s review of the Application.

2.       BC Hydro is directed to continue its consultations with First Nations and affected communities in respect of its proposed Non-Integrated Areas Planning Regulatory Framework and its NIA Diesel Reduction Strategy.

3.       A written public hearing is established for the review of the Application in accordance with the Regulatory Timetable set out in Appendix A to this order.

4.       BC Hydro is directed to provide a copy of this order and the Application to parties in the BC Hydro
2023-2025 Revenue Requirements proceeding, parties in the BC Hydro 2021 Integrated Resource Plan proceeding, to the First Nation communities, municipalities, and local governments within the 14 NIAs and Fort Nelson area by Friday, February 2, 2024.

5.       BC Hydro must provide written confirmation to the BCUC of compliance with the Directive 4 above in accordance with the Regulatory Timetable.

6.       BC Hydro is directed to file an evidentiary update, as outlined in Appendix A to this order, by Friday, February 9, 2024.

7.       In accordance with the BCUC Rules of Practice and Procedure, parties who wish to actively participate in the proceeding must complete a Request to Intervene Form, available on the Get Involved in a Proceeding section of the BCUC's website at https://www.bcuc.com/GetInvolved/GetInvolvedProceeding by Wednesday, February 21, 2024.

8.       Parties may submit letters of comment by completing a Letter of Comment Form by Thursday, April 25, 2024.

DATED at the City of Vancouver, in the Province of British Columbia, this   25^th   day of January 2024.

BY ORDER

Original signed by:

M. Jaccard

Commissioner

Attachment

British Columbia Hydro and Power Authority

Non-Integrated Areas Planning Regulatory Framework

* BC Hydro to file the following evidentiary update:

1)      A detailed consultation log outlining BC Hydro’s engagement activities with the First Nation communities in the NIAs, and any other customers or stakeholders, similar to what was filed as part of the Reconsideration Extension Request application.[1]

2)      Clarification on whether BC Hydro’s proposal applies to Fort Nelson, and whether BC Hydro has consulted with parties in Fort Nelson. If the proposal does not apply to Fort Nelson, please clarify how and when BC Hydro intends to outline a proposal for LTRPs in Fort Nelson (as was initially indicated in the 2021 Integrated Resource Plan[2]).