ORDER NUMBER
E-3-24
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.A. Brown, Commissioner
E. B. Lockhart, Commissioner
W. E. Royle, Commissioner
on January 25, 2024
ORDER
WHEREAS:
A. On December 22, 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 one-month extension agreement (Fourth 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 December 31, 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 ending on February 28, 2023;
F. 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;
G. By Order E-23-23 dated November 23, 2023, the BCUC granted BC Hydro’s request to further extend the expiry date of the Moresby Lake EPA to November 30, 2023; and
H. The Panel has reviewed the Filing and considers acceptance of the Fourth Extension Agreement is warranted.
NOW THEREFORE pursuant to section 71 of the UCA and the Rules, the BCUC accepts for filing the Moresby Lake EPA Fourth Extension Agreement ending December 31, 2023.
DATED at the City of Vancouver, in the Province of British Columbia, this 25th day of January 2024.
BY ORDER
Original signed by:
B. A. Magnan
Commissionner