ORDER NUMBER

G-143-25

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

Wyse Meter Solutions Inc.

Reconsideration of Order G-42-25

 

BEFORE:

T. A. Loski, Commissioner

W. E. Royle, Commissioner

 

on June 13, 2025

 

ORDER

WHEREAS:

 

A.      On April 23, 2025, Wyse Meter Solutions Inc. (Wyse) filed an application with the British Columbia Utilities Commission (BCUC) for reconsideration of Order G-42-25 resulting from the British Columbia Hydro and Power Authority (BC Hydro) 2024 Rate Design proceeding (Reconsideration Application);

B.      On June 27, 2024, BC Hydro filed with the BCUC, its 2024 Rate Design Application (2024 RDA), which included proposals to cancel its multi-residential service rates and to remove the master-metering option for new multi-unit residential buildings;

C.      By Order G-42-25 dated February 24, 2025, the BCUC approved BC Hydro to, among other things, cancel its multi-residential service rates and remove the master-metering option for new multi-unit residential properties in its Electric Tariff, effective April 1, 2025;

D.      In the Reconsideration Application, Wyse requests that the BCUC reconsider Order G-42-25, specifically the findings in Section 2.3, “Cancel Multi-Residential Service Rates”, and Section 4.1, “Amendments to Multi-Unit Residential Metering”, of the decision accompanying Order G-42-25;

E.       The BCUC has reviewed the Reconsideration Application and considers that a summary dismissal is warranted.

 

NOW THEREFORE pursuant to section 99 of the Utilities Commission Act, and for the reasons outlined in the decision accompanying this order, the BCUC orders that the Reconsideration Application is summarily dismissed without the need for further process.

 

 

DATED at the City of Vancouver, in the Province of British Columbia, this              13^th              day of June 2025.

 

BY ORDER

 

Electronically signed by Tom Loski

 

T.A. Loski

Commissioner

 

 

 

 

 

 

 

Wyse Meter Solutions Inc.

Reconsideration of Order G-42-25

 

1.0              Introduction and Background

On June 27, 2024, the British Columbia Hydro and Power Authority (BC Hydro) filed its 2024 Rate Design Application (2024 RDA) with the British Columbia Utilities Commission (BCUC). The BCUC issued Order G-42-25 with accompanying decision (Decision) on February 24, 2025, following its review of the 2024 RDA.

 

Prior to April 1, 2025, Section 4.4 of the BC Hydro Electric Tariff Terms and Conditions (Electric Tariff) allowed the option for service to be provided to multi-unit residential buildings (MURBs) through a single BC Hydro master meter, rather than individual BC Hydro meters for each residential unit. This option enabled a building owner to install, on the customer side of that meter, privately-owned meters (known as submeters) to measure individual unit consumption.[1] In addition, BC Hydro offered multi-residential service rates under which MURBs could take service from BC Hydro.[2]

 

In the 2024 RDA, BC Hydro proposed to cancel its multi-residential service rates and bill multi-residential service customers in the same way as single-residential service customers, which would eliminate a “per dwelling” multiplier of the Basic Charge and "pooling" of the Step 1 energy threshold.[3] Also, BC Hydro proposed to amend its Electric Tariff to, among other things, remove the master-metering option for new MURBs and mixed-use buildings such that service for each residential unit would be metered separately by BC Hydro.[4]

 

In the Decision, the BCUC approved BC Hydro’s proposals. Specifically, the BCUC approved cancellation of multi-residential service rates, RS 1121 and RS 1161 and the transitioning of the affected customers to the appropriate rate schedule(s) by April 1, 2025.[5] In addition, the BCUC approved the removal of the master-metering option for new multi-unit residential and mixed-use properties in Section 4.4 of the Electric Tariff, effective April 1, 2025.[6]

 

On April 23, 2025, Wyse Meter Solutions Inc. (Wyse) filed an application (Reconsideration Application) with the BCUC for reconsideration of the aspects of the Decision approving the removal of the multi-residential service rates and the master metering option for new multi-residential properties.[7] Wyse describes itself as an Ontario-based Canadian company operating as a public utility in the BC submetering market serving buildings which have elected to implement submetering though a provider other than BC Hydro.[8]

2.0              Legislative Framework and the BCUC’s Rules of Practice and Procedure

Subsection 99(1) of the Utilities Commission Act provides that the BCUC may reconsider a decision, an order, a rule or a regulation of the BCUC and may confirm, vary or rescind the decision, order, rule or regulation.

 

Rule 26.05 in Part V of the BCUC Rules of Practice and Procedure[9] (Rules), sets out the following requirements for a reconsideration application:

 

An application for reconsideration of a decision must contain a concise statement of the grounds for reconsideration, which must include one or more of the following:

a)       the BCUC has made an error of fact, law, or jurisdiction which has a material bearing on the decision;

b)      facts material to the decision that existed prior to the issuance of the decision were not placed in evidence in the original proceeding and could not have been discovered by reasonable diligence at the time of the original proceeding;

c)       new fact(s) have arisen since the issuance of the decision which have material bearing on the decision;

d)      a change in circumstances material to the decision has occurred since the issuance of the decision; or

e)      where there is otherwise just cause.

 

Rule 28.01 also provides the following:

 

Upon the filing of an application for reconsideration of a decision, the BCUC may, without further process, summarily dismiss the application, in whole or in part, on the basis that it fails to establish, on its face, any reasonable grounds for reconsideration of the decision.

3.0              Wyse’s Request for Reconsideration

By Directive 2 of Order G-42-25 and in Section 2.3 of the Decision, the BCUC approved the cancellation of the multi-residential service rates, noting that a multi-residential service account incurs similar customer-related costs as a single-residential service account.[10] By Directive 8 of Order G-42-25 and in Section 4.1 of the Decision, the BCUC approved BC Hydro’s proposal to remove the master-metering option for multi-unit residential properties in Section 4.4 of its Electric Tariff. In making that determination, the BCUC noted that BC Hydro’s proposal would be beneficial to MURB residential end-users through ensuring that they have access to BC Hydro’s rate options and programs in the same way as other BC Hydro residential end-users.[11]

 

In the Reconsideration Application, Wyse states that it seeks reconsideration of the findings in Section 2.3, “Cancel Multi-Residential Service Rates”, and Section 4.1, “Amendments to Multi-Unit Residential Metering”, of the Decision.[12] Wyse submits there are three reasons in support of the Reconsideration Application: that the BCUC erred in fact in the Decision, that there are new facts and material changes in circumstances since the issuance of the Decision, and that there is just cause to reconsider the Decision.

First, Wyse submits that there was an error in fact in Section 2.3 of the Decision in the BCUC’s finding that “[i]nterveners did not oppose BC Hydro’s proposal to cancel multi-residential service rates”. Wyse submits that the BCUC’s finding denies Wyse’s explicit opposition clearly set out in sections 2.1 and 2.2 of its final argument in the 2024 RDA proceeding.^[13]

 

Second, Wyse submits that significant new facts and material changes in circumstances have arisen since the issuance of the Decision, providing a basis for reconsideration. In particular, Wyse argues that North American and global economic challenges have arisen that were not anticipated during the proceeding, and that the 2024 RDA proceeding did not consider, nor did the parties or the BCUC have the ability to consider, the emergent trade war initiated by the United States of America (US) on February 1, 2025.[14] Wyse submits that, since the date of the Decision, Canada and its provinces and territories have recognized that the removal of barriers to economic activity within Canada needs to be a critical priority to the ongoing economic well-being of the country.[15] For example, the Premier of BC announced direction to all ministries, health authorities and core Crown corporations to decrease the Province's dependence on goods and services from US suppliers, and the Prime Minister indicated that removing barriers to internal trade would lower prices for consumers and expand our economy.[16]

 

Wyse states that since it is a purchaser of Canadian manufactured electric meters, it can provide consumers the choice of Canadian-sourced goods and services whereas, Wyse asserts, BC Hydro primarily uses electric meters manufactured in the US and Mexico. Wyse further submits that it has been investing in BC since 2021 but is now being shut out of the market as a result of the Decision.[17] Wyse argues that it is a “bona fide public utility seeking to grow its services, employment and investment in British Columbia while sourcing and supplying Canadian products”, which provides a basis for reconsideration of the Decision.^[18]

 

Third, Wyse submits that there is just cause to reconsider the Decision, and states:

 

Wyse submits the contradiction of the Order given the new reality of promoting Canadian competition and removing barriers across Canada for Canadian business, which the Order frustrates. It accomplishes the opposite by precluding the societal benefit of competition, instituting a monopoly which did not exist prior to the Order, and supporting a supplier purchasing foreign manufactured meters while shutting out a competitor which "buys Canadian". There is just cause to reconsider the Order and re-evaluate the requests to eliminate the rates for multi-unit dwellings, and to reinstate the consumer choice for bulk metering of new constructions buildings, and thereby reestablish the competitive market in British Columbia for submetering.^[19]

4.0              Panel Determination

The Panel finds that the Reconsideration Application has failed to establish, on its face, any reasonable grounds for reconsideration of the Decision, and therefore summarily dismisses the Reconsideration Application.

 

The Panel is not persuaded that Wyse has established an error of fact which has a material bearing on the Decision, that new facts have arisen since the issuance of the Decision that would have a material bearing on the Decision, that a change in circumstances material to the Decision has occurred since the issuance of the Decision, or that there is otherwise just cause for reconsideration.

 

First, the Panel is not persuaded that the BCUC made an error of fact which has a material bearing on the Decision by finding, in Section 2.3 of the Decision, that “[i]nterveners did not oppose BC Hydro’s proposal to cancel multi-residential service rates”.

 

The Panel notes that the BCUC discussed the multi-residential service rates in Section 2.3 of the Decision. The Panel finds that Wyse’s final argument in the 2024 RDA proceeding does not provide clear opposition to the cancellation of BC Hydro’s multi-residential service rates in the rate schedule section of the Electric Tariff. Instead, Wyse’s final argument focuses on BC Hydro’s proposal to remove the master-metering option for multi-unit residential properties in Section 4.4 of its Electric Tariff. For instance, Wyse states, “BC Hydro’s proposed changes to Section 4.4 of its Terms and Conditions will unduly restrict Wyse’s ability to operate within its service territory”[20] and that “BC Hydro’s proposed changes to Section 4.4 of the Terms and Conditions in the Electric Tariff should be rejected.”[21]

 

Further, the Panel notes that in Section 4.1 of the Decision, the BCUC discussed BC Hydro’s proposal to amend its Electric Tariff to remove the master-metering option for new MURBs and mixed-use buildings. Under the “Positions of Parties” sub-heading in that section of the Decision, the BCUC described Wyse’s explicit opposition, for instance, “Wyse submits that BC Hydro has not provided evidence of the benefits to MURB residents of the proposal nor has it consulted on the issues.”[22] Under the “Panel Determination” sub-heading, the BCUC addresses Wyse‘s opposition by stating, for instance, that it is “satisfied with the stakeholder consultation undertaken and is persuaded by BC Hydro that its proposal would be beneficial to MURB residential end-users through ensuring that they have access to BC Hydro’s rate options and programs in the same way as other BC Hydro residential end-users.”[23] Therefore, reading the Decision as a whole, it is clear that the BCUC considered Wyse’s opposition to the changes being made to the treatment of MURBs.

 

The Panel notes that the BCUC discussed the multi-residential service rates in Section 2.3 of the Decision and the removal of the master-metering option for new MURBs in Section 4.1 of the Decision. The Panel considers these aspects of BC Hydro’s proposed Electric Tariff to be independent of each other, which the Decision reflects.

 

Second, the Panel does not accept Wyse’s arguments that new facts and material changes in circumstances have arisen since the issuance of the Decision which warrant reconsideration of the Decision. In support of its arguments, Wyse cites the emergent trade war with the US, the results of which remain uncertain, recent economic policy changes supporting competitive interprovincial activity, and a national imperative to “buy Canadian”. The Panel notes that uncertainty with respect to external factors like economic conditions and government policy arise regularly during and after BCUC proceedings. Uncertainty alone is not sufficient to justify a reconsideration, and the BCUC is not persuaded that the factors referenced by Wyse justify a reconsideration of the Decision.

 

The Panel notes that, in the Decision, the BCUC accepted Wyse's assertion that a sub-metering company may be able to implement service options for MURB residents similar to those of BC Hydro, yet the BCUC found that this was insufficient reason to prevent residential end-users access to rate options and programs available from BC Hydro.[24] The Panel is not persuaded that imperatives to “buy Canadian” or to support interprovincial trade activities and competition outweigh the BCUC’s reasons in the Decision for approving BC Hydro’s proposals for the removal of the multi-residential service rates and the master-metering option for new multi-residential properties. Therefore, the Panel finds that Wyse has not cited any new facts or changes in circumstances that would materially impact the Decision.

 

Finally, the Panel notes that Wyse’s submission, that there is just cause to reconsider the Decision, relies on arguments similar to those raised by Wyse to support its submissions regarding new facts and changes in circumstances, such as the importance of promoting Canadian competition. Therefore, for the reasons described above, the Panel is also not persuaded that there is otherwise just cause to reconsider the Decision.

 

 

 

Dated at the City of Vancouver, in the Province of British Columbia, this              13^th              day of June 2025.

 

 

 

 

Electronically signed by Tom Loski

_________________________________

T. A. Loski

Panel Chair/Commissioner

 

 

 

Electronically signed by Wendy Royle

_________________________________

W. E. Royle

Commissioner