Orders

ORDER NUMBER

G-83-25

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

Lake Okanagan Resort

Potential Non-compliance of the Utilities Commission Act

 

BEFORE:

T. A. Loski, Commissioner

 

March 28, 2025

 

ORDER

WHEREAS:

 

A.      By Order G-201-20 dated July 30, 2020, the British Columbia Utilities Commission (BCUC) established a public hearing process (Proceeding) to review Lake Okanagan Resort’s (LOR) potential contravention of the Utilities Commission Act (UCA) and non-compliance with BCUC orders and directives requiring LOR to, among other things, file applications for permanent rates and a certificate of public convenience and necessity (CPCN);

B.      By Order G-333-19 dated December 18, 2019, the BCUC determined that LOR is a public utility as defined in section 1 of the UCA and is subject to regulation by the BCUC;

C.      On March 8, 2021, LOR filed an application for interim rates, following which the BCUC adjourned the Proceeding pending further order from the BCUC;

D.      In August 2023, LOR’s public utility electrical system, as well as the residences, amenities, and other utilities at the resort, sustained significant damage due to wildfires in the Okanagan;

E.       On October 30, 2023, following a review of LOR’s current circumstances and plans, the BCUC issued Order
G-294-23 requiring LOR to cease and desist the construction of any public utility electrical equipment (e.g. power poles) that would be used by LOR in the transmission, sale, delivery or provision of electricity to or for the public or a corporation for compensation;

F.       As noted in the decision accompanying Order G-294-23, LOR is required to obtain a CPCN prior to the construction or operation of any public utility electrical equipment at the resort. No such application has been filed to date; and

G.      Having considered LOR’s circumstances and obligations under the UCA, as well as the passage of time since the initiation of the Proceeding, the BCUC considers the following determination to be warranted.

 

NOW THEREFORE the BCUC orders that the Proceeding is closed.

 

 

DATED at the City of Vancouver, in the Province of British Columbia, this       28^th        day of March 2025.

 

BY ORDER

 

Electronically signed by Tom Loski

 

T. A. Loski

Commissioner