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ORDER NUMBER

G-38-26

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

FortisBC Alternative Energy Services Inc.

Fixed-Scale Thermal Energy System Exemption for the Frame Thermal Energy System

 

BEFORE:

E. B. Lockhart, Commissioner

B. A. Magnan, Commissioner

 

on March 2, 2026

 

ORDER

WHEREAS:

 

A.      On January 21, 2026, FortisBC Alternative Energy Services Inc. (FAES) filed with the British Columbia Utilities Commission (BCUC) an application (Application) for a Fixed-Scale Thermal Energy System (TES) Exemption for the Frame TES, in accordance with the BCUC’s TES Guidelines approved by Order G-48-25 (TES Guidelines);

B.      On February 26, 2025, by Order G-47-25, the BCUC granted an exemption to a person, or the person's lessee, trustee, receiver or liquidator, who owns or operates in British Columbia a Fixed-Scale TES for the production, generation, storage, transmission, sale, delivery or provision of heat and/or cold for compensation, with a capital cost greater than a minimum threshold, from sections 28 to 30, 34 to 35, 39, 44.1, 45 and 59 to 61 of the Utilities Commission Act (UCA) for that specific TES. The exemption only applies if:

1.       The person files information that allows the BCUC to determine that Order G-47-25 applies to the person’s specific TES; and

2.       The BCUC determines that Order G-47-25 applies to the person’s specific TES;

C.      On January 30, 2026, the BCUC issued Confidential Staff Questions No. 1 regarding the Frame TES, and on February 6, 2026, FAES filed its responses, which included a redacted public and confidential revised application form (Revised Application Form);

D.      FAES requests that certain information contained in the Application be held confidential by the BCUC in perpetuity, pursuant to Section 23 of the BCUC’s Rules of Practice and Procedure. FAES states that the information includes commercially sensitive information to FAES, project partners, and customers of the TES; commercially sensitive information and data regarding individual customer consumption; and sensitive asset information about the specific utility assets in service at the TES. FAES has provided a version of each of the Application and Revised Application Form with the proposed confidential information redacted; and

E.       The BCUC has reviewed the Application and responses to Confidential Staff Questions No. 1 and is satisfied that the Frame TES is suitable for exemption.

NOW THEREFORE pursuant to section 88(3) of the UCA, and with the advance approval of the minister responsible for the administration of the Hydro and Power Authority Act, the BCUC orders as follows:

 

1.       FAES is exempt from sections 28 to 30, 34 to 35, 39, 44.1, 45 and 59 to 61 of the UCA for the Frame TES.

2.       FAES must file with the BCUC an annual report for the Frame TES in accordance with the Fixed-Scale TES annual report form, as outlined in Section C.7 of Appendix C to the TES Guidelines, as may be amended from time to time.

3.       The Frame TES may not be extended without applying to the BCUC to determine whether the extension of the Frame TES qualifies for exemption.

 

4.       The unredacted version of the Application and the unredacted version of the responses to Confidential Staff Questions No. 1, including the unredacted version of the Revised Application Form, shall be treated as confidential unless otherwise determined by the BCUC.

 

 

DATED at the City of Vancouver, in the Province of British Columbia, this   2nd   day of March 2026.

 

BY ORDER

 

Electronically signed by Blair Lockhart

 

E. B. Lockhart

Commissioner

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