Orders

Decision Information

Decision Content

ORDER NUMBER

G-236-25

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

British Columbia Hydro and Power Authority

Net Metering Service Rates

 

BEFORE:

M. Jaccard, Panel Chair
T. A. Loski, Commissioner
W. E. Royle, Commissioner

 

on September 26, 2025

 

ORDER

WHEREAS:

 

A.      By Orders G-39-25 dated February 21, 2025, G-105-25 dated April 23, 2025 and G-145-25 dated June 16, 2025, the British Columbia Utilities Commission (BCUC) established and amended the Net Metering Service Rates proceeding timetable, which includes an oral hearing scheduled for November 17 to 21, 2025 (Oral Hearing);

B.      On September 18, 2025, BC Hydro filed two documents comprising its rebuttal evidence (collectively, the Rebuttal Evidence); and

C.      The BCUC finds the following determinations are warranted.

 

NOW THEREFORE for the reasons outlined in the decision accompanying this order, the BCUC orders as follows:

 

1.       The following topics are out of scope for the Oral Hearing:

a.       lifecycle greenhouse gas emissions from different energy sources; and

b.       the merits of rebates and other demand side measure programs, including the appropriateness of particular incentive levels and program design.

2.       Parties who wish to undertake cross-examination are directed to file a submission with the BCUC by Monday, October 6, 2025 containing the information set out in the decision accompanying this order.

3.       Interveners are limited to a maximum of 15 questions each, inclusive of sub-questions, for Intervener information requests on the Rebuttal Evidence. Interveners grouped together as one intervener group for this proceeding are limited to a maximum of 15 questions, collectively amongst the group, inclusive of sub-questions, for Intervener information requests on the Rebuttal Evidence.

DATED at the City of Vancouver, in the Province of British Columbia, this        26th       day of September 2025.

 

BY ORDER

 

Electronically signed by Mark Jaccard

 

M. Jaccard

Commissioner

 

 

 

 


 

British Columbia Hydro and Power Authority

Net Metering Service Rates

 

DECISION

1.0              Introduction

By Orders G-39-25, G-105-25 and G-145-25 dated February 21, 2025, April 23, 2025 and June 16, 2025 respectively, the British Columbia Utilities Commission (BCUC) established and amended a regulatory timetable for the British Columbia Hydro and Power Authority’s (BC Hydro) Net Metering Service Rates proceeding, which includes an oral hearing on BC Hydro’s and intervener evidence (Oral Hearing), scheduled for Monday, November 17 to Friday, November 21. 

 

On September 18, 2025, BC Hydro filed two documents comprising its rebuttal evidence (collectively, the Rebuttal Evidence), in accordance with the regulatory timetable.[1]

 

In this decision, the Panel provides its determination regarding the scope of the Oral Hearing, and directs parties to file submissions regarding their intent to undertake cross-examination at the Oral Hearing. Additionally, the Panel outlines its determination regarding limits on information requests (IRs) on BC Hydro’s Rebuttal Evidence.

2.0              Oral Hearing Information

The Oral Hearing will take place at the BCUC’s office at 900 Howe Street, Vancouver, and both in-person and remote participation will be permitted. Participation in the hearing will be limited to the BCUC, BC Hydro, and registered interveners. Members of the public will be able to observe or listen to a live stream of the hearing. Further details regarding registration for the Oral Hearing and access to the live stream will be provided in due course.

Panel Determination on Scope

Consistent with previous BCUC determinations and pursuant to Rule 12.01(b) of the BCUC’s Rules of Practice and Procedure, the Panel determines the following topics are out of scope for the Oral Hearing, as the BCUC does not consider further evidence on these matters to be necessary:

1)    lifecycle greenhouse gas (GHG) emissions from different energy sources consistent with the BCUC’s previous determinations,[2] the Panel notes the well-defined framework for determining GHG emissions associated with electricity in BC, and that the issue of lifecycle GHG emissions can be sufficiently addressed by interveners through other means, such as IRs already filed with BC Hydro and arguments; and

2)    the merits of rebates and other demand side measure (DSM) programs, including the appropriateness of particular incentive levels and program design – consistent with the BCUC’s previous determination,[3] the Panel notes that BC Hydro is not seeking approvals related to rebates in this proceeding, and the BCUC has already accepted an expenditure schedule on DSM for fiscal 2025-2027.

Panel Determination on Submissions Regarding Cross-Examination

In order to facilitate scheduling of the Oral Hearing and preparations by the parties that may be subject to cross-examination, the Panel seeks information from parties regarding their intentions with respect to cross-examination. As such, by no later than Monday, October 6, 2025, any party that wishes to conduct cross-examination at the Oral Hearing is directed to file a submission setting out the following information:

 

1.       whom the party intends to cross-examine at the Oral Hearing. Parties may request to cross-examine any entity that has filed evidence in this proceeding (i.e., BC Hydro; Dunsky Energy + Climate Advisors; Charge Solar et al.; Clean Energy BC – Power Advisory; Community Solar Coalition (CSC) – Lipson; CSC – Rábago; and/or EcoSmart Foundation – Node Engineering); and

2.       where possible, a summary of the topics the party anticipates canvassing through cross-examination.

If a party wishes to withdraw a request to cross-examine a party at a later date, the Panel requests that they notify the BCUC no later than Monday, November 10, 2025.

The Panel reminds parties that the general purpose of cross-examination is for parties that are adverse in interest to ask questions of a witness panel to test evidence that has been filed on the record, and “friendly” cross-examination (i.e., cross-examination of parties that are not adverse in interest) may not be permitted. Further, cross-examination is not intended for the cross-examining party to present their own views, opinions or interpretations of BC Hydro’s or interveners’ evidence. Instead, such matters should be saved for the argument phase of the proceeding.

 

If someone asks to cross-examine a party that has filed evidence, that party must be prepared to participate at the Oral Hearing either in person or remotely, and submit to cross-examination on their evidence. Where possible, in-person attendance is preferred for parties subject to cross examination. If that party declines to attend the Oral Hearing for cross-examination when a request has been made to cross-examine them, their evidence can be struck from the evidentiary record or the Panel may choose to attach little or no weight to the evidence. If a party has filed written evidence that is requested for cross-examination, then that party is expected to provide oral evidence on oath or affirmation[4] and adopt that evidence at the Oral Hearing. If the party does not adopt its evidence under oath, it will remain on the record unless the BCUC Panel Chair grants a motion for it to be struck. However, parties should be aware that unsworn evidence has less weight than sworn evidence.

 

The BCUC will provide further information regarding the Oral Hearing following the receipt of submissions from parties regarding their intent to conduct cross-examination, including exact dates and times of the Oral Hearing.

 

3.0              Information Request Limits on Rebuttal Evidence

In the cover letters for its Rebuttal Evidence,[5] BC Hydro notes that the BCUC limited BC Hydro and intervener IRs on intervener evidence to a maximum of 15 questions per evidence submission, inclusive of sub-questions, to promote regulatory efficiency and the timely preparation of IR responses. BC Hydro submits that a similar limit should be established for IRs on this Rebuttal Evidence.

Panel Determination

The Panel notes that IRs on BC Hydro’s Rebuttal Evidence are due to be filed on October 9, 2025, and the Panel is mindful that BC Hydro has only two weeks to respond. Additionally, the Oral Hearing will present an additional opportunity for parties to pursue further questions as required. On this basis, the Panel considers it is reasonable to limit the number of IRs, and interveners are accordingly limited to a maximum of 15 questions each, inclusive of sub-questions, for Intervener IRs on the Rebuttal Evidence. Interveners grouped together as one intervener group for this proceeding are limited to a maximum of 15 questions, collectively amongst the group, inclusive of sub-questions, for Intervener IRs on the Rebuttal Evidence.

 

 

 

Electronically signed by Mark Jaccard

_________________________________

M. Jaccard

Panel Chair/Commissioner

 

 

Electronically signed by Tom Loski

_________________________________

T. A. Loski

Commissioner

 

 

Electronically signed by Wendy Royle

_________________________________

W. E. Royle

Commissioner



[1] Exhibits B-24 and B-25.

[2] Exhibit A-24; Exhibit A-25; and Order G-169-25, pp. 4 – 5.

[3] Order G-145-25, pp. 4 – 5.

[4] Pursuant to Rule 13 of the Rules of Practice and Procedure.

[5] Exhibits B-24 and B-25.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.