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ORDER NUMBER

G-345-24

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

FortisBC Energy Inc.

Permanent Rates and Amending Agreement No. 6

for the Waste Connections CNG Fuelling Station in Coquitlam

 

BEFORE:

B. A. Magnan, Commissioner

W. E. Royle, Commissioner

 

on December 18, 2024

 

ORDER

WHEREAS:

 

A.      On December 9, 2024, FortisBC Energy Inc. (FEI) applied to the British Columbia Utilities Commission (BCUC), pursuant to sections 59 to 61 of the Utilities Commission Act (UCA), for approval of an amending agreement dated December 3, 2024 (Amending Agreement No. 6) to the Fueling Station License and Use Agreement between FEI and Waste Connections of Canada Inc. (WC), on a permanent basis, effective January 1, 2025 (Application);

B.      FEI and WC entered into a Fueling Station Licence and Use Agreement dated January 31, 2012, which established the terms, conditions, and rates for FEI to construct and operate a Compressed Natural Gas (CNG) fuelling station located on the premises of WC in Coquitlam, British Columbia (WC Coquitlam Fuelling Station) to provide CNG fuelling service to WC (FEI-WC Agreement);

C.      By Order G-78-13, the BCUC approved the rates for WC to receive CNG fuelling service at the WC Coquitlam Fuelling Station. Pursuant to Order G-78-13, FEI and WC entered into an amending agreement dated December 31, 2013 to revise the rates established in the FEI-WC Agreement (Amending Agreement No. 1), which had an expiry date of September 30, 2019;

D.      By Order G-242-19 and Order G-6-20, the BCUC approved further amending agreements to the FEI-WC Agreement, dated September 13, 2019 (Amending Agreement No. 2) and dated December 26, 2019 (Amending Agreement No. 3), respectively, to allow FEI and WC to negotiate a potential renewal of the FEI-WC Agreement. Amending Agreements No. 2 and No. 3 retained all the terms, conditions and rates in the FEI-WC Agreement as amended by Amending Agreement No. 1 and extended the expiry date of the FEI-WC Agreement to December 31, 2019 and March 31, 2020, respectively;

E.       By Order G-110-20, the BCUC accepted the estimated capital expenditures of $182,549 for the expansion of the WC Coquitlam Fuelling Station pursuant to section 44.2 of the UCA;

F.       By Order G-377-22, the BCUC approved on a permanent basis, effective April 1, 2020, the rates established in the FEI-WC Agreement as further amended by amending agreements dated March 27, 2020 (Amending Agreement No. 4) and dated July 14, 2022 (Amending Agreement No. 5). Amending Agreements No. 4 and No. 5, among other things, revised the rates for the renewal period to reflect items that include the completed expansion of the WC Coquitlam Fuelling Station and renewed the FEI-WC Agreement to December 31, 2024;

G.      FEI explains that Amending Agreement No. 6 will allow FEI to continue providing fuelling service to WC while accommodating the negotiation of another potential renewal of the FEI-WC Agreement and a further expansion of the WC Coquitlam Fuelling Station;

H.      Amending Agreement No. 6 extends the expiry date of the FEI-WC Agreement to the earlier of: (i) April 30, 2025 or (ii) the effective date of the amending agreement effecting the renewal of the FEI-WC Agreement, and it retains all other terms, conditions and rates in the FEI-WC Agreement as amended by Amending Agreements No. 1 to No. 5; and

I.         The BCUC has reviewed the Application and determines that approval of the proposed rates on a permanent basis is warranted.

 

NOW THEREFORE pursuant to sections 59 to 61 of the UCA, the BCUC orders as follows:

 

1.       The rates established in the FEI-WC Agreement, as amended by Amending Agreements No. 1 to No. 5, are approved to remain unchanged in accordance with Amending Agreement No. 6 on a permanent basis, effective January 1, 2025.

2.       FEI is to file Amending Agreement No. 6 in tariff supplement form for endorsement by the BCUC within 15 days of the date of this order.

 

DATED at the City of Vancouver, in the Province of British Columbia, this         18th         day of December 2024.

 

BY ORDER

 

Electronically signed by Bernard Magnan

 

B. A. Magnan

Commissioner

 

 

 

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