Orders

ORDER NUMBER

G-139-24

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

APT Utility Corp.

Request to Discontinue Service

BEFORE:

B. A. Magnan, Commissioner

on May 17, 2024

ORDER

WHEREAS:

A.      By letter dated May 7, 2024, APT Utility Corp. (APT) filed a request with the British Columbia Utilities Commission (BCUC) to discontinue utility service at Holly Lodge, an apartment rental building located at 1210 Jervis Street, Vancouver, British Columbia (Holly Lodge), and for relief from certain directives set out in Order G-116-24 (Application);

B.      By Order G-116-24 dated April 18, 2024, the BCUC ordered that:

1.       APT is a public utility as defined in section 1 of the Utilities Commission Act (UCA).

2.       APT is directed to file with the BCUC a plan for obtaining all required regulatory approvals for its rates (electricity, natural gas) for service provided under the UCA, and operating system within 60 days of the order.

3.       APT is directed to file with the BCUC interim tariff pages reflecting rates for service provided under the UCA that are currently being charged to customers for BCUC endorsement within 30 days of the order.

4.       Pursuant to section 90 of the UCA, the current rates for service provided under the UCA that APT charges to its customers are made interim as of the date of the order and any differences between the interim and permanent rates, once approved by the BCUC, will be refundable or recoverable with interest calculated at the average prime rate of APT’s principal bank for its most recent fiscal year.

5.       APT is directed to provide a copy of the order to all customers of APT as a bill insert in the next billing cycle or within 30 days, whichever is sooner.

6.       APT is directed to publish a copy of the order on the homepage of its website within 60 days of the order and the order is to remain on APT’s website for a minimum of 60 days from the date it is first published.

7.       APT is directed to file an Annual Report with the BCUC within 4 months of its fiscal year end, in accordance with BCUC letter L-46-23.

C.      In the Application, APT states that APT has no future plans to carry on business in BC and that the landlord at Holly Lodge (Landlord) has agreed to provide building services, as of May 1, 2024, to those tenants enrolled with APT up to and including April 30, 2024 (APT Customers); and

D.      The BCUC has reviewed the Application and determines that the establishment of a regulatory timetable is warranted.

NOW THEREFORE the BCUC orders as follows:

1.       A regulatory timetable is established as set out in Appendix A to this order.

2.       APT is directed to provide by Monday, May 27, 2024, a copy of this order and the Application by email or printed form to all APT Customers.

3.       APT is directed to submit written confirmation of compliance with the notice requirements set out in Directive 2 above to the BCUC by no later than Wednesday, May 29, 2024.

4.       Parties may submit letters of comment by completing a Letter of Comment Form by Monday, June 10, 2024.

5.       Directives 2 through 7 of BCUC Order G-116-24 are hereby adjourned pending a final determination on the Application.

DATED at the City of Vancouver, in the Province of British Columbia, this        17^th        day of May 2024.

BY ORDER

Original signed by:

B. A. Magnan

Commissioner

Attachment

APT Utility Corp.

Request to Discontinue Service