BRITISH CO LUMBIA UTILITIES COM MISSION ORDER NUMBER G -151-08 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 An Application by Canada Place Corporation for an Exemption from Part 3 of the Utilities Commission Act for the Supply of Cooling to Westbank Projects Corporation BEFORE: L.F. Kelsey, Commissioner October 16, 2008 P.E. Vivian, Commissioner O R D E R WHEREAS: A. By a submission received May 16, 2007, Canada Place Corporation (“Canada Place”) applied to the Commission, pursuant to Section 88(3) of the Utilities Commission Act (the “Act”), for an order exempting it from regulation as a public utility under the Act (the “Application”); and B. Canada Place intends to expand its chilled water plant to provide chilled water for cooling to Westbank Projects Corp. (“Westbank”) for its Fairmont Pacific Rim Hotel and Residences (“Fairmont Pacific Rim”) development at 1011 West Cordova Street in Vancouver, BC; and C. By letter dated June 12, 2007, Westbank confirmed that it was completing an agreement with Canada Place to obtain cooling for its development; and D. By email dated June 9, 2008, Canada Place confirmed that the parties have entered into an agreement for Canada Place to provide chilled water for cooling to Westbank. In the Application, Canada Place outlined the nature of the agreement, and stated that the agreement would have a term of 35 years and would be renewable; and E. Section 88(3) of the Act provides that the Commission may, on conditions it considers advisable, with the advance approval of the Lieutenant Governor in Council (“LGIC”), exempt a person, equipment or facilities from the application of all or any of the provisions of the Act; and F. By Order in Council 731 dated October 9, 2008 and attached as Appendix 1 to this Order, the LGIC granted advance approval to the Commission to exempt Canada Place from certain provisions of the Act for the purpose and subject to the terms set out in the draft Commission Order attached to the Order in Council; and …/2
BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G-151-08 2 G. The Commission has considered the Application and has determined that an exemption for Canada Place from certain provisions of the Act, for the provision of chilled water for cooling to Westbank, is in the public interest. NOW THEREFORE the Commission orders as follows: 1. Pursuant to Section 88(3) of the Act and subject to paragraph 2 of this Order the Commission approves an exemption for Canada Place from Part 3 of the Act, with respect to the provision of chilled water for cooling to Westbank at its Fairmont Pacific Rim development. 2. This exemption, granted pursuant to this Order, shall remain in effect until the Commission orders otherwise following the determination of any complaint it receives from a person whose interests are affected. 3. Canada Place is responsible for the safe and proper operation of its facilities, consistent with the requirements of the applicable regulatory authorities. 4. Canada Place is directed to submit an annual letter to the Commission confirming that the provision of chilled water for cooling continues in effect. DATED at the City of Vancouver, in the Province of British Columbia, this 16 th day of October 2008. BY ORDER Original signed by L.F. Kelsey, Commissioner Attachment Orders/G‐151‐08_Canada Place UCA Xmptn
APPENDIX 1 to Order G‐151‐08 Page 1 of 1
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