~\s\'\ COI.(j~ c ~ c ""~'v s 1: /Jt~ s CO~\"· PROVINCE OF BRITISH COLUMBIA BRITISH COLUMBIA UTILITIES COMMISSION TN THE MATTER OF the Utilities Commission Act, S.B.C. 1980, c. 60, as amended and IN THE MATTER OF a Complaint by Bella Bella Fisheries Ltd. BEFORE: J.D. V. Newlands, Deputy Chairman; and W.M. Swanson, Q.C., Commissioner o R D E R WHEREAS by letter dated May 24, 1988 Bella Bella Fisheries Ltd. ("Bella Bella"), pursuant to various sections of the Utilities Commission Act ("the Act"), has complained that the rates charged for electric service by the British Columbia Hydro and Power Authority ("B.C. Hydro") are unduly discriminatory in that the rates exceed those provided for in the filed and approved Electric Tariff in Rate Zone II, for Rate Schedule 1266 - General Service (35 KW and over); and WHEH EAS the charges for electric service are provided for in Appendix A to a special contract (undated) entered into by Bella Bella and B.C. Hydro in March 1988; and WHEREAS the contract was executed under protest by Bella Bella, which expressly reserved the right to dispute before the Commission the ra tes so charged; and WHEREAS the contract expressly provides for the electricity service supplied to be subject to the terms and cOllditions of Electric Tariff Schedule 1952 of B.C. Hydro as filed with and approved by the Commission; and rOUfHH FLOOFl Ron SMIlHF TElr:f'HONF' (604) BRITISH COLUMBIA <.t UTILITIES COMMISSION 1)' 5 q .. ,,{~ ORDER NUMBER •_. G :::;...-~9_-8::t.:9,--__ ) ) January 26, 1989 ) ) •.. /2 VANCOUVER. R CANADA ()4 54 ' 336, RAPICOM' (fl041660·1102 w 110;;
WHEREAS neither the contract nor Schedule 1952 has been made part of the Electric Tariff of B.C. Hydro as filed and approved by the Commission; and WHEREAS pursuant to section 67 of the Act the only lawful, enforceable and collectable rates for service of a public utility are those contained in schedules filed wi th and approved by the Cornmission, or as they may be arnended with the consent of the Commission; and WHEREAS written submissions to the Commission by the parties have been exchanged and ha ve been reviewed and considered by the Comm ission. NOW THER EFOr~ E the Commission hereby orders as follows: I. That in the absence of the filing with and approval by the Commission of appropriate amendments to its Electric Tariff to provide electric service to Bella Bella at rates different from those provided for in existing Rate Schedule 1266, the charges to Bella Bella shall be in accordance with Rate Schedule 1266 - General Service (35 KW and over). 2. That to the extent, if at all, Bella Bella has been charged and has paid any amounts greater than those provided for in Rate Schedule 1266, those amounts be refunded wi th interest calculated from the date of payment. DATED at the City of Vancouver, in the Province of British Columbia, this day of January, 1989. 38111 S/cms ',------- '" _ ~ ,. " BRITISH COlUMBI UTILITIES COMMISSI ORDER 2 NUMBER G-9-89 ORD~~/ / BY f)~if~ D • e .. p u ty Chairman
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