Orders

ORDER NUMBER

G-200-25

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

TAB Utility Corp.

Partial Transfer of TES Ownership Interest

BEFORE:

A. K. Fung, KC, Commissioner

on August 15, 2025

ORDER

WHEREAS:

A.      On July 16, 2025, TAB Utility Corp. filed an application (Application) with the British Columbia Utilities Commission (BCUC) seeking approval of a transfer of a reviewable interest pursuant to section 54(8) of the Utilities Commission Act (UCA);

B.      TAB Utility Corp. is the general partner of Tab Utility Limited Partnership, which together with its limited partners Shape Brentwood Limited Partnership and Brentwood Towncentre Investco Corp., owns the Thermal Energy System (TES) located at 4567 Lougheed Highway in Burnaby, British Columbia (Brentwood TES);

C.      By Order G-172-20 dated June 25, 2020, the BCUC granted TAB Utility Corp. a Stream A TES exemption pursuant to the BCUC TES Guidelines in effect at that time. This Stream A exemption did not include an exemption from section 54 of the UCA;

D.      In the Application, TAB Utility Corp. explains that Brentwood Towncentre Investco Corp. is currently undergoing a corporate re-organization and intends to transfer its 60 units in Tab Utility Limited Partnership to the Healthcare of Ontario Pension Plan Trust Fund (HOOPP), which in turn would then immediately transfer the units to HOOPP Brentwood Investco Corp. (HOOPP Brentwood). TAB Utility Corp. seeks BCUC approval to proceed with these transactions; and

E.       The BCUC determines that the establishment of a public hearing process to review the Application is warranted.

NOW THEREFORE the BCUC orders as follows:

1.       A public hearing is established for the review of the Application in accordance with the regulatory timetable set out in Appendix A to this order.

2.       TAB Utility Corp. is directed to provide notice of the Application and a copy of this order, electronically where possible, by August 26, 2025, to HOOPP, HOOPP Brentwood and all customers served by the Brentwood TES.

3.       TAB Utility Corp. is directed to file with the BCUC by August 26, 2025, copies of any agreement(s) governing the transfer of the units in TAB Utility Limited Partnership from (i) Brentwood Towncentre Investco Corp. to HOOPP and (ii) from HOOPP to HOOPP Brentwood.

4.       TAB Utility Corp. is directed to provide written confirmation to the BCUC of its compliance with Directive 2 by August 29, 2025.

5.       In accordance with BCUC’s Rules of Practice and Procedure, any party wishing to provide comments is invited to submit a Letter of Comment by the date established in the regulatory timetable. Letters of comment must be in the Letter of Comment Form available on the BCUC’s website at https://www.bcuc.com/Forms/LetterOfComment.

DATED at the City of Vancouver, in the Province of British Columbia, this       15^th       day of August 2025.

BY ORDER

Electronically signed by Anna Fung

A. K. Fung, KC

Commissioner

Attachment

TAB Utility Corp.

Partial Transfer of TES Ownership Interest