ORDER NUMBER
E-7-24
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
FortisBC Energy Inc.
Section 71 Filing of a GasEDI Base Contract with Pembina Empress NGL Partnership
BEFORE:
B. A. Magnan, Panel Chair
E.A. Brown, Commissioner
E. B. Lockhart, Commissioner
W. E. Royle, Commissioner
on February 22, 2024
ORDER
WHEREAS:
A. On February 7, 2024, FortisBC Energy Inc. (FEI) filed with the British Columbia Utilities Commission (BCUC) a copy of a fully executed GasEDI Base Contract negotiated between Pembina Empress NGL Partnership (Pembina Empress) and FEI (FEI-Pembina Empress GasEDI Contract), including amendments to the general terms and conditions of the GasEDI Base Contract (Filing);
B. By Order G-130-06 dated October 26, 2006, the BCUC approved the Rules for Natural Gas Energy Supply Contracts (Rules). The Rules are intended to facilitate the BCUC’s review of natural gas energy supply contracts pursuant to section 71 of the Utilities Commission Act (UCA);
C. By Order G-79-01 dated July 20, 2001, with amendments to Rate Schedule 30 approved by Orders G-89-03, G-197-11, G-19-16, and most recently by Order G-58-20 dated March 19, 2020, which contains the GasEDI base contract and FEI’s set of Standard Provisions, which are used by FEI as the starting point for negotiation with counterparties in its gas contracting;
D. By Letter L-30-23 dated June 8, 2023, the BCUC accepted the FEI Annual Contracting Plan (ACP) for the 2023/2024 gas year commencing November 1, 2023;
E. FEI requests the Filing be kept confidential in perpetuity due to its commercially sensitive nature and to ensure that FEI’s ability to obtain favourable commercial terms for future natural gas contracting is not impaired; and
F. The BCUC has reviewed the Filing and is satisfied the FEI-Pembina Empress GasEDI Contract is in the public interest.
NOW THEREFORE pursuant to section 71 of the UCA and the BCUC’s Rules for Natural Gas Energy Supply Contracts, the BCUC orders as follows:
1. The FEI-Pembina Empress GasEDI Contract dated January 22, 2024, is accepted as filed.
2. The BCUC will keep the Filing confidential until the BCUC determines otherwise as it contains commercially sensitive information.
DATED at the City of Vancouver, in the Province of British Columbia, this 22nd day of February 2024.
BY ORDER
Original signed by:
B. A. Magnan
Commissioner