ORDER NUMBER
G-132-25
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
Corix UBCDE Limited Partnership
UBC Neighbourhood District Energy System
2025 to 2027 Revenue Requirement and Rates
BEFORE:
W. E. Royle, Panel Chair
E. B. Lockhart, Commissioner
on May 29, 2025
ORDER
WHEREAS:
A. On December 31, 2024, Corix UBCDE Limited Partnership (Corix) applied to the British Columbia Utilities Commission (BCUC), pursuant to sections 59 to 61 and 89 of the Utilities Commission Act, seeking approval of the revenue requirement and rates for its Neighbourhood District Energy System at the University of British Columbia (UBC NDES) for 2025 to 2027, effective January 1 of each year (Application);
B. On April 17, 2025, Corix filed an evidentiary update to the Application containing amended financial schedules to reflect updates to its build-out schedule and capital cost adjustments, among other items. In a separate submission, marked as Exhibit B-8, Corix also filed an amended financial model on a confidential basis (Confidential Amended Financial Model);
C. On May 7, 2025, the Residential Consumer Intervener Association (RCIA) filed two Confidentiality Declaration and Undertaking Forms requesting access to all confidentially filed application materials and appendices in the record of this proceeding;
D. By letter dated May 13, 2025, Corix objected to RCIA’s access request and submitted, among other things, that RCIA neither explained the reason for its request, nor provided a statement describing how access to the information pertains to RCIA’s participation in this proceeding;
E. By letter dated May 20, 2025, RCIA provided reasons for its access request and noted that it did not insist on access to the confidentially filed exhibits in this proceeding other than the Confidential Amended Financial Model; and
F. The BCUC has considered the submissions received and makes the following determinations.
NOW THEREFORE for the reasons outlined in the decision accompanying this order, the BCUC orders as follows:
1. RCIA is granted access to the Confidential Amended Financial Model, subject to compliance with the undertakings in the Confidentiality Declaration and Undertaking Forms filed by RCIA and the following additional conditions:
(i) The Confidential Amended Financial Model must only be accessed and used within Canada; and
(ii) RCIA must provide written confirmation to the BCUC and Corix to confirm that its representatives have destroyed all documents and materials containing information disclosed pursuant to this order within fourteen days of the BCUC’s final decision in this proceeding.
2. Corix is directed to provide the Confidential Amended Financial Model electronically to RCIA by Friday, May 30, 2025.
3. Corix is directed to provide confirmation of compliance with Directive 2 to the BCUC by Tuesday, June 3, 2025.
4. RCIA may file a maximum of five information requests, inclusive of sub-questions, regarding the Confidential Amended Financial Model by 12 pm (noon) on Friday, June 6, 2025.
DATED at the City of Vancouver, in the Province of British Columbia, this 29th day of May 2025.
BY ORDER
Electronically signed by Wendy Royle
W. E. Royle
Commissioner
Corix UBCDE Limited Partnership
UBC Neighbourhood District Energy System 2025 to 2027 Revenue Requirement and Rates
DECISION
On December 31, 2024, Corix UBCDE Limited Partnership (Corix) applied to the British Columbia Utilities Commission (BCUC), pursuant to sections 59 to 61 and 89 of the Utilities Commission Act, seeking approval of the revenue requirement and rates for its Neighbourhood District Energy System at the University of British Columbia (UBC NDES) for 2025 to 2027, effective January 1 of each year (Application).
On April 17, 2025, Corix filed an evidentiary update to the Application (Evidentiary Update) containing amended financial schedules to reflect updates to its build-out schedule and capital cost adjustments, among other items. In a separate submission, marked as Exhibit B-8, Corix also filed an amended financial model on a confidential basis (Confidential Amended Financial Model) for various reasons, including commercial sensitivity.[1]
On May 7, 2025, the Residential Consumer Intervener Association (RCIA) filed two Confidentiality Declaration and Undertaking Forms requesting access to all confidentially filed application materials and appendices in the record of this proceeding.
By letter dated May 13, 2025, Corix objected to RCIA’s access request and submitted, among other things, that RCIA neither explained the reason for its request, nor provided a statement describing how access to the information pertains to RCIA’s participation in this proceeding.[2] Corix further submitted that all information relevant to this proceeding from the Confidential Amended Financial Model has been provided publicly in the schedules included with the Evidentiary Update, and argued that providing RCIA access to the Confidential Amended Financial Model would lead to regulatory inefficiency, with additional proceeding costs that would be passed on to ratepayers.[3] Finally, Corix requested that, if the BCUC determines that RCIA should be provided access to the Confidential Amended Financial Model, that such access be given on the condition that the file only be accessed and used within Canada, and that the RCIA representatives confirm in writing to the BCUC and Corix that RCIA has destroyed the relevant confidential document(s) within fourteen days of the BCUC’s final decision in the proceeding.[4]
By letter dated May 15, 2025, the BCUC invited RCIA to provide a reply submission to Corix’s May 13, 2025 letter in accordance with Rule 24.04 of the BCUC Rules of Practice and Procedure.
By letter dated May 20, 2025, RCIA provided reasons for its access request and noted that it did not insist on access to the confidentially filed exhibits in this proceeding other than the Confidential Amended Financial Model. RCIA submitted that it was requesting access to the Confidential Amended Financial Model to better understand the assumptions and calculations underlying the Evidentiary Update and thereby support the preparation of more informed and focused information requests (IRs) and final argument.[5] RCIA further clarified that access to the Confidential Amended Financial Model is required to allow RCIA’s experts to evaluate the mathematical and financial logic underlying the proposed rates, identify anomalies, and ensure accuracy in the final rates proposed.[6] Finally, RCIA confirmed that it would follow the conditions proposed by Corix if access were granted, including that access and use be limited to within Canada, and the provision of written confirmation of the destruction of confidential materials within fourteen days of the BCUC’s final decision.[7]
Panel Determination
For the reasons that follow, RCIA is granted access to the Confidential Amended Financial Model, subject to compliance with the undertakings in the Confidentiality Declaration and Undertaking Forms filed by RCIA and the following additional conditions:
1. The Confidential Amended Financial Model must only be accessed and used within Canada; and
2. RCIA must provide written confirmation to the BCUC and Corix to confirm that its representatives have destroyed all documents and materials containing information disclosed pursuant to this order within fourteen days of the BCUC’s final decision in this proceeding.
Corix is directed to provide the Confidential Amended Financial Model electronically to RCIA by Friday, May 30, 2025, and to provide confirmation that it has done so to the BCUC by Tuesday, June 3, 2025.
The Panel is persuaded that the undertakings in the BCUC’s Confidentiality Declaration and Undertaking Form, complemented by the additional conditions set out above, will be sufficient to protect any confidential information in the Confidential Amended Financial Model. RCIA is a registered intervener in this proceeding, and it is common practice for interveners to be given access to confidential information after signing the Confidentiality Declaration and Undertaking Form.
The Panel also notes that the deadline for Intervener IR No. 2 to Corix was May 22, 2025, which has passed.[8] Given that RCIA did not have access to the Confidential Amended Financial Model prior to this deadline, the Panel considers it appropriate to allow RCIA an opportunity to ask IRs on this document. In particular, RCIA may file a maximum of five IRs, inclusive of sub-questions, regarding the Confidential Amended Financial Model by 12 pm (noon) on Friday, June 6, 2025.
The Panel is mindful of Corix’s concerns regarding the potential for regulatory inefficiency and additional costs to ratepayers arising from granting RCIA’s access request. As such, the Panel wishes to remind RCIA that, when assessing the amount of any Participant Cost Awards that may be issued at the conclusion of this proceeding, the Panel may consider factors including the reasonableness of costs incurred, and whether a participant has incurred time participating in a proceeding that is proportionate to the scope of the proceeding and/or the complexity or novelty of the proceeding.[9]
Dated at the City of Vancouver, in the Province of British Columbia, this 29th day of May 2025.
Electronically signed by Wendy Royle
_________________________________
W. E. Royle
Panel Chair
Electronically signed by Blair Lockhart
_________________________________
E. B. Lockhart
Commissioner