ORDER NUMBER
G-247-25
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
FortisBC Energy Inc.
Permanent Rates and Agreements under the GGRR
for the Relocation of the Port Kells LNG Fuelling Station in Langley
BEFORE:
B. A. Magnan, Commissioner
W. E. Royle, Commissioner
on October 15, 2025
ORDER
WHEREAS:
A. On August 22, 2025, FortisBC Energy Inc. (FEI) applied to the British Columbia Utilities Commission (BCUC), pursuant to sections 59 to 61 of the Utilities Commission Act (UCA), for approval of rates on a permanent basis for fuelling services at the liquified natural gas (LNG) fuelling station at Port Kells in Langley, British Columbia (Port Kells Fuelling Station) that was relocated to Vye Road, in Abbotsford, British Columbia, as established in the following amending agreements, effective June 15, 2025 (Application):
i. A second amending agreement dated June 12, 2025 (Vedder Amending Agreement No. 2) to a fuelling services agreement between FEI and Vedder Transport Ltd. (Vedder) for LNG fuelling service at the Port Kells Fuelling Station, effective June 8, 2021 (Vedder Agreement);
ii. A second amending agreement dated June 12, 2025 (Ken Johnson Amending Agreement No. 2) to a fuelling services agreement between FEI and Ken Johnson Trucking Ltd. (Ken Johnson) for LNG fuelling service at the Port Kells Fuelling Station, effective June 8, 2021 (Ken Johnson Agreement); and
iii. A second amending agreement dated June 12, 2025 (D. Jones Amending Agreement No. 2) and a third amending agreement dated August 14, 2025 (D. Jones Amending Agreement No. 3) to a fuelling services agreement between FEI and D. Jones Trucking Ltd. (D. Jones) for LNG fuelling service at the Port Kells Fuelling Station, effective January 1, 2024 (D. Jones Agreement);
B. By Order G-56-13 dated April 11, 2013, the BCUC accepted that the Greenhouse Gas Reduction (Clean Energy) Regulation (GGRR) established the need for Compressed Natural Gas and LNG fuelling stations that are undertaken by FEI as prescribed undertakings as defined by the GGRR, and that these prescribed undertakings are exempt from the Certificate of Public Convenience and Necessity requirements for the term of the GGRR;
C. By Order G-230-21 dated July 28, 2021, the BCUC determined that the Port Kells Fuelling Station met the requirements of a prescribed undertaking as defined by the GGRR;
D. By Order G-133-25 dated June 2, 2025, the BCUC approved the rates established in the Vedder Agreement, as amended by an amending agreement dated May 29, 2024 (Vedder Amending Agreement No. 1) and the Ken Johnson Agreement, as amended by an amending agreement dated May 21, 2024 (Ken Johnson Amending Agreement No. 1), on a permanent basis, effective June 8, 2021. The Vedder Amending Agreement No. 1, among other things, added a Spot Charge for years four and five of the agreement as there was no minimum annual quantity of fuelling volume committed to in those years;
E. By Order G-133-25 the BCUC also approved the rates and rate design established in the D. Jones Agreement and the first amending agreement entered into on May 21, 2024 (D. Jones Amending Agreement No. 1), effective January 1, 2024, subject to the inclusion of a Spot Charge. Directives 1(c) and 4(c) of that order read as follows:
1. The rate design and rates established in the following are approved on a permanent basis:
[…]
c. The D. Jones Agreement as amended by the D. Jones Amending Agreement [i.e., D. Jones Amending Agreement No. 1], with the inclusion of a Spot Charge for year 3 of the agreement, effective January 1, 2024.
[…]
4. FEI is directed to file in tariff supplement form for endorsement by the BCUC within 30 days from the date of this order:
[...]
c. The D. Jones Agreement and the D. Jones Amending Agreement, as further amended to include the Spot Charge directed in directive 1(c) of this order;
F. In the Application, FEI states that on October 15, 2024, Pacific Coast Heavy Truck Group (Pacific Coast), the host of the Port Kells Fuelling Station, gave notice to FEI to vacate the premises pursuant to a fuelling equipment license agreement between Pacific Coast and FEI and established a move out deadline of June 15, 2025;
G. FEI and Kartar Investments Limited (Kartar) entered into a Property Access and Use Agreement for FEI to access and use a portion of Kartar’s land on Vye Road located in Abbotsford, British Columbia for the relocation of the Port Kells Fuelling Station, effective June 15, 2025. FEI states this relocation ensures continued service to the customers at the fuelling station, now referred to as the Vye Road Fuelling Station;
H. FEI entered into Vedder Amending Agreement No. 2, Ken Johnson Amending Agreement No. 2, and D. Jones Amending Agreement No. 2 to amend the location of the fuelling station. The Vedder Amending Agreement No. 2 also adds a minimum annual quantity in year five of the agreement for the period from July 1, 2025 to June 30, 2026;
I. FEI entered into D. Jones Amending Agreement No. 3 that adds a minimum annual quantity for year three of the agreement for the period from January 1, 2026 to December 31, 2026;
J. On September 17, 2025, FEI filed responses to BCUC staff questions (FEI Response to Staff Questions No. 1);
K. FEI requests that the live financial models provided in Appendix C to the Application and confidential attachment 1.1B in FEI Response to Staff Questions No. 1 (Attachment 1.1B) be held confidential by the BCUC in perpetuity on the basis that the formulas and configuration of the model are commercially sensitive;
L. On October 1, 2025, FEI filed responses to a second round of BCUC staff questions, in which FEI clarified that it inadvertently omitted an amendment of the Spot Charge from $1 to “n/a” in year five of Vedder Amending Agreement No. 2. FEI states that it has provided a third amending agreement to Vedder to correct the Spot Charge (Vedder Amending Agreement No. 3), which FEI plans to file with the BCUC as part of the tariff supplement compliance filing following a decision on the Application;
M. The BCUC has completed its review of the Application and submissions filed in the proceeding and makes the following determinations.
NOW THEREFORE pursuant to sections 59 to 61 of the UCA, the BCUC orders as follows:
1. The rate design and rates established in the following are approved on a permanent basis, effective June 15, 2025:
a. The Vedder Agreement, as amended by Vedder Amending Agreements No. 1 and 2, with the amendment of the Spot Charge from $1 to “n/a” for year five of the agreement;
b. The Ken Johnson Agreement, as amended by Ken Johnson Amending Agreements No. 1 and 2; and
c. The D. Jones Agreement, as amended by D. Jones Amending Agreements No. 1, 2 and 3.
2. FEI is directed to refund to Vedder the variance between the permanent rates approved by Order G-133-25 and the permanent rates approved by this order with respect to the Spot Charge for year five of the Vedder Agreement, with interest calculated at the average prime rate of FEI’s principal bank for its most recent year.
3. FEI is directed to file the following in tariff supplement form for endorsement by the BCUC within 15 days of the date of this order:
a. Vedder Amending Agreements No. 2 and 3;
b. Ken Johnson Amending Agreement No. 2; and
c. D. Jones Amending Agreements No. 2 and 3.
4. The live financial models provided in Appendix C of the Application and Attachment 1.1B will be kept confidential unless the BCUC orders otherwise.
5. Directives 1(c) and 4(c) of Order G-133-25 are varied to read as follows:
1. The rate design and rates established in the following are approved on a permanent basis:
[…]
c. The D. Jones Agreement as amended by the D. Jones Amending Agreement, effective January 1, 2024.
[…]
4. FEI is directed to file in tariff supplement form for endorsement by the BCUC within 30 days from the date of this order:
[...]
c. The D. Jones Agreement and the D. Jones Amending Agreement.
DATED at the City of Vancouver, in the Province of British Columbia, this 15th day of October 2025.
BY ORDER
Electronically signed by Bernard Magnan
B.A. Magnan
Commissioner