ORDER NUMBER

G-26-26

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

British Columbia Utilities Commission

Enerpro Systems Corp.

Status as a Public Utility

 

BEFORE:

E. B. Lockhart, Panel Chair

R. E. Murphy, Commissioner

 

on February 12, 2026

 

ORDER

WHEREAS:

 

A.      By Order G-281-25 dated December 3, 2025, the British Columbia Utilities Commission (BCUC) established a proceeding to review whether Enerpro Systems Corp. (Enerpro) meets the definition of a public utility as set out in the Utilities Commission Act;

B.      On January 16, 2026, the BCUC issued public and confidential information requests to Enerpro (BCUC
IR No. 1);

C.      By letter dated January 23, 2026, Enerpro requested that the BCUC grant confidential treatment to all customer-specific service addresses and administrative fee amounts charged to individual customers or customer groups;

D.      By letter dated January 30, 2026, Enerpro submitted its responses to BCUC IR No. 1 and requested that the BCUC hold confidential all information redacted in the public version of the IR responses, including the table of submetering operations, submetering operational data, building level cost allocations, metering configurations and customer counts; and

E.       The BCUC considers the following determination to be warranted.

NOW THEREFORE for the reasons outlined in the decision accompanying this order, the BCUC orders that the unredacted versions of Enerpro’s responses to BCUC IR No. 1 will be held confidential unless the BCUC determines otherwise.

 

DATED at the City of Vancouver, in the Province of British Columbia, this      12th      day of February 2026.

 

BY ORDER

 

Electronically signed by Blair Lockhart

 

E. B. Lockhart

Commissioner

 

 

 

 

 

 

 

Enerpro Systems Corp.

Status as a Public Utility

 

1.0              Enerpro Confidentiality Request

On December 3, 2025, the British Columbia Utilities Commission (BCUC) established a proceeding to review whether Enerpro Systems Corp. (Enerpro) meets the definition of a public utility as set out in the Utilities Commission Act (Proceeding). The regulatory timetable for the Proceeding included BCUC information requests to Enerpro and a letter of comment period.[1] The BCUC issued public and confidential information requests (BCUC IR No. 1) to Enerpro on January 16, 2026.[2]

 

By letter dated January 23, 2026, Enerpro requested that the BCUC hold confidential and redact from the public record of the Proceeding all (1) customer-specific addresses, and (2) administrative fee amounts charged to individual customers or customer groups. Enerpro states that the public disclosure of such information would result in undue harm to its commercial and competitive interests. Specifically, Enerpro submits that disclosure of customer-specific addresses would provide its competitors with a comprehensive list of Enerpro’s customer base and when this information is combined with disclosure of administrative fee information it would reveal its pricing and commercial terms that competitors could use to directly solicit Enerpro’s customers and systematically undercut its services.[3]

 

By letters dated January 30, 2026, Enerpro submitted public redacted and confidential unredacted versions of its responses to BCUC IR No. 1. Enerpro included with its responses a request that the BCUC hold confidential all information redacted in the public versions of its submissions, which included the full table of submetering operations, submetering operational data, building level cost allocations, metering configurations and customer counts, as it considers this information commercially sensitive.[4]

 

Rule 25.01 of the BCUC’s Rules of Practice and Procedure provides that in determining whether information should be held confidential, the BCUC will have regard to matters that it considers relevant, including:

a)       whether the disclosure of the information could reasonably be expected to result in:

                                 i.            undue material financial loss or gain to a person;

                               ii.            significant harm or prejudice to that person’s competitive or negotiating position; or

                             iii.            harm to individual or public safety or to the environment;

b)      whether the information is personal, financial, commercial, scientific, labour relations or technical information that is confidential and consistently treated as confidential by the person;

c)       whether the person’s interest in confidentiality outweighs the public interest in the disclosure of the information or documents in the hearing;

d)      whether the person submitting the document has any legal obligation to maintain confidentiality; and

e)      whether it is practicable to hold the hearing in a manner that is open to the public.

Panel Determination

The Panel finds that confidential treatment of the redacted materials in Enerpro’s responses to BCUC IR No. 1 is warranted while the BCUC considers Enerpro’s status as a public utility. The redacted material includes content such as a comprehensive listing of Enerpro’s customers and their locations in British Columbia and, having regard to the criteria in Rule 25.01, the Panel considers that Enerpro’s interest in confidentiality outweighs the public interest in the disclosure of the redacted material at this time. Accordingly, the BCUC will hold the unredacted versions of Enerpro’s responses to BCUC IR No. 1 confidential unless the BCUC determines otherwise. The Panel may seek further submissions regarding confidentiality at a later stage of the Proceeding.

 

The Panel notes that this determination only applies to the information Enerpro filed in its responses to BCUC IR No. 1 and does not apply to any information in letters of comment submitted by members of the public. Some letters of comment include copies of bills Enerpro issued to end-users, which may have details regarding the customer’s location and the fees charged by Enerpro. The BCUC redacts letters of comment to remove personal information before posting them on the proceeding webpage, but there is no evidence to suggest that persons submitting copies of their Enerpro bills are under any obligation to maintain confidentiality regarding the content of those bills, or that Enerpro treats bills to end-users as confidential. As such, the Panel does not consider it warranted to make any directives regarding confidential treatment of the records that customers choose to file.

 

 

Dated at the City of Vancouver, in the Province of British Columbia, this      12th     day of February 2026.

 

 

Electronically signed by Blair Lockhart

_________________________________

E. B. Lockhart

Panel Chair/Commissioner

 

 

Electronically signed by Rose Elise Murphy

_________________________________

R. E. Murphy

Commissioner