BRITISH COL UMBIA UTILITIES COM MISSION ORDER NUMBER G - 99-04 SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660-4700 VANCOUVER, B.C. V6Z 2N3 CANADA BC TOLL FREE: 1-800-663-1385 web site: http://www.bcuc.com FACSIMILE: (604) 660-1102 IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and A Filing by British Columbia Hydro and Power Authority Call for Tenders for Capacity on Vancouver Island Review of Electricity Purchase Agreement BEFORE: R.H. Hobbs, Chair M.P. Birch, Commissioner November 9, 2004 L.A. Boychuk, Commissioner O R D E R WHEREAS: A. In its Decision dated September 8, 2003 (“VIGP Decision”), the Commission concluded that Vancouver Island Energy Corporation (a wholly-owned subsidiary of British Columbia Hydro and Power Authority (“BC Hydro”) had not established that the Vancouver Island Generation Project (“VIGP”) is the most cost-effective means to reliably meet Vancouver Island power needs and encouraged BC Hydro to proceed with a Call for Tenders for Vancouver Island (the “CFT”); and B. By letter dated January 23, 2004, the Commission commented on certain CFT issues, and encouraged BC Hydro to proceed with the CFT; and C. The January 23, 2004 letter also referred to the statement in the VIGP Decision that the Commission is prepared to consider the Electricity Purchase Agreement (“EPA”) from the CFT on an expedited basis, and stated that approval of the project(s) selected following the CFT process may require a further review of the CFT process and design; and D. By letter dated November 3, 2004, BC Hydro advised the Commission that Duke Point Power (“Duke Point Power”) Limited Partnership is the successful proponent in the CFT process, and that it will file the EPA with Duke Point Power in accordance with Section 71 of the Utilities Commission Act (the “EPA filing”); and E. The Revised CFT Schedule that BC Hydro released concurrently with Addendum Number 22 dated October 5, 2004 states that the EPA will be filed with the Commission on November 19, 2004; and F. The Commission considers that a Procedural Conference is required to hear submissions from Participants that may assist the Commission to determine an effective and efficient regulatory process for the review of BC Hydro’s Section 71 EPA filing. . . ./2
BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G-99-04 2 NOW THEREFORE the Commission orders as follows: 1. A Procedural Conference regarding the regulatory process for the review of BC Hydro’s Section 71 EPA filing will commence at 8:30 a.m., on Monday, November 29, 2004 on the Fourth Floor of 855 Homer Street in Vancouver, to address procedural matters which will include, but may not be limited to, the following: - identification of the principal issues arising from or related to the EPA filing; - scope of the Commission Panel’s review of the EPA filing; - whether the review should proceed by an oral or written hearing, or some other process; - steps and timetable associated with the regulatory review process; and - other matters that will assist the Commission Panel to efficiently review the EPA filing. 2. After the Procedural Conference, the Commission Panel will issue a further procedural Order and Regulatory Agenda. 3. BC Hydro will publish, as soon as possible, in display-ad format, the Notice of Procedural Conference attached as Appendix A to this Order, in the Vancouver Sun and Province, the Victoria Times Colonist, and such appropriate local news publications as may properly provide adequate notice to the public in its service areas, particularly those in the vicinity of Nanaimo. 4. The EPA filing, together with any supporting materials, will be made available for inspection at BC Hydro offices in Nanaimo and Victoria, at the BC Hydro Vancouver Head Office, and at the Commission’s office. 5. BC Hydro is to provide a copy of the EPA filing, by facsimile or electronically if possible, to all Intervenors and Interested Parties registered in its 2004/05 to 2005/06 Revenue Requirements proceeding, as soon as possible. 6. Intervenors and Interested Parties should register with the Commission, in writing, by Friday, November 26, 2004 and advise whether they intend to attend the Procedural Conference. Intervenors should specifically state the nature of their interest in the EPA filing and identify generally the nature of the issues that they may intend to pursue during the proceeding and the nature and extent of their anticipated involvement in the proceeding. DATED at the City of Vancouver, in the Province of British Columbia, this 10th day of November 2004. BY ORDER Original signed by: Robert H. Hobbs Chair Order/BC Hydro CFT for Capacity on Vancouver Island
APPENDIX A to Order No. G-99-04 Page 1 of 2 British Columbia Hydro and Power Authority Call for Tenders for Capacity on Vancouver Island Review of Electricity Purchase Agreement NOTICE OF PROCEDURAL CONFERENCE Date: Monday, November 29, 2004 Time: 8:30 a.m. Location: Fourth Floor 855 Homer Street Vancouver, B.C. THE ELECTRICITY PURCHASE AGREEMENT FILING By letter dated November 3, 2004, BC Hydro advised the Commission that Duke Point Power Limited Partnership (“Duke Point Power”) is the successful proponent in the Vancouver Island Call for Tenders (“CFT”) process. BC Hydro has offered Duke Point Power an Electricity Purchase Agreement (“EPA”) for 252 megawatts of capacity from a proposed gas-fired generation facility to be located near the Duke Point industrial area of Nanaimo, B.C. BC Hydro also advised that it will file the EPA in accordance with Section 71 of the Utilities Commission Act (“EPA filing”). The Commission anticipates that the EPA will be filed on November 19, 2004. THE REGULATORY PROCESS In its Decision dated September 8, 2003 (VIGP Decision), the Commission encouraged BC Hydro to proceed with the CFT and stated that it is prepared to consider the EPA on an expedited basis. The Commission Panel will hold a Procedural Conference regarding the regulatory process for the review of BC Hydro’s Section 71 EPA filing commencing at 8:30 a.m., on Monday, November 29, 2004 on the Fourth Floor of 855 Homer Street in Vancouver, to address procedural matters which will include, but may not be limited to, the following: - identification of the principal issues arising from or related to the EPA filing; - scope of the Commission Panel’s review of the EPA filing; - whether the review should proceed by an oral or written hearing, or some other process; - steps and timetable associated with the regulatory review process; and - other matters that will assist the Commission Panel to efficiently review the EPA filing. Following the Procedural Conference, the Commission Panel will issue to registered parties a further procedural order and regulatory agenda.
APPENDIX A to Order No. G-99-04 Page 2 of 2 PUBLIC INSPECTION OF THE DOCUMENTS The EPA filing and supporting material will be made available for inspection at the Nanaimo and Victoria offices of BC Hydro, the BC Hydro Head Office at 333 Dunsmuir Street, Vancouver, B.C., V6B 5R3, and the British Columbia Utilities Commission office, Sixth Floor, 900 Howe Street, Vancouver, B.C., V6Z 2N3. The EPA filing will be available for viewing on BC Hydro’s website at www.bchydro.com. INTERVENTIONS Persons who expect to actively participate in the BC Hydro proceeding should register as Intervenors with the Commission, in writing, by Friday, November 26, 2004, identifying their interest in the EPA filing and indicating whether they plan to attend the Procedural Conference. Intervenors should identify the issues that they intend to pursue and the nature and extent of their anticipated involvement in the review process. Intervenors will receive copies of the EPA filing and all correspondence and filed documentation and should provide an e-mail address if available. Persons not expecting to actively participate, but who have an interest in the proceeding should register as Interested Parties with the Commission, in writing, by Friday, November 26, 2004, identifying their interest in the EPA filing and indicating whether they plan to attend the a Procedural Conference. Interested Parties will receive a copy of any Executive Summary in the EPA filing, and all Orders and Decisions issued. FURTHER INFORMATION For further information, please contact Mr. Robert J. Pellatt, Commission Secretary, as follows: Telephone: (604) 660-4700 E-Mail: Commission.Secretary@bcuc.com Facsimile: (604) 660-1102 Telephone: (B.C. Toll Free) 1-800-663-1385
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