BRITISH COLUM
BIA
UTILITIES COMMIS
SION
ORDER
NUMBER
G‐14
8‐08
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 British Columbia Hydro and Power Authority
to Amend Section 2.1 of Rate Schedule 3808 (“RS 3808”)
Power Purchase Agreement
BEFORE:
A.A. Rhodes, Commissioner
P.E. Vivian, Commissioner
October 2, 2008
L.A. O’Hara, Commissioner
O R D E R
WHEREAS:
A. On June 24, 2008 FortisBC Inc. (“FortisBC”) filed its Umbrella Agreement (“UA”) for Short‐Term Firm Point to
Point Transmission Service Agreement dated April 18, 2008 between FortisBC and the Corporation of the
City of Nelson (“CON”), and the Power Coordination Agreement (“PCA”) dated May 14, 2008 between
FortisBC and CON with the British Columbia Utilities Commission (“the Commission”); and
B. On June 25, 2008 the Commission requested comments from BC Hydro and Power Authority (“BC Hydro”)
on the UA and PCA (the “CON Agreements”) filed by FortisBC as well as a response to queries posed by the
Commission staff to BC Hydro and that BC Hydro file its comments by July 15, 2008. Also, the Commission
advised BC Hydro that its comments would be forwarded to FortisBC for its reply; and
C. On July 16, 2008 BC Hydro submitted its comments and reply, and indicated that at a minimum, a formal
hearing process needs to be held to allow all interested parties an opportunity to review and comment on
the CON Agreements; and
D. On July 18, 2008 the Commission forwarded the BC Hydro comments and reply received on the CON
Agreements to FortisBC and CON for reply by August 5, 2008; and
E. On August 20, 2008 the Commission requested that BC Hydro provide its final reply by September 16, 2008
to the submissions of FortisBC and CON on the CON Agreements; and
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BRIT ISH COLUMBIA
UTIL IT IES COMMISSION
ORDER
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F. On September 16, 2008 BC Hydro provided its final comments on the CON Agreements wherein it stated
that BC Hydro did not purport to represent the interests of FortisBC’s ratepayers whose interests may be
affected by the CON Agreements and that BC Hydro’s primary interest was with respect to FortisBC’s
reliance on RS 3808 Power Purchase Agreement (“PPA”) purchases to replace power exported by the CON;
and
G. In addition to the final comments filed by BC Hydro on September 16, 2008 BC Hydro concurrently filed an
application under subsections 58 (1) and (2) of the Utilities Commission Act (“the Act”) for approval to
amend section 2.1 of the PPA to clarify that electricity purchased by FortisBC under the PPA cannot be sold
to FortisBC customers to replace electricity to be sold by those customers; and
H. On September 25, 2008 BC Hydro and FortisBC both filed further submissions to the Commission stating that
the only application that had been filed was with regard to BC Hydro’s requested amendments to section 2.1
of the PPA, that any Commission review of the CON Agreements should be dealt with after a Commission
decision had been reached on BC Hydro’s application of September 16, 2008, and that the review of the CON
Agreements should be in a separate process from BC Hydro’s application; and
I. On September 30, 2008 BC Hydro filed a letter of clarification stating that the application filed on September
16, 2008 should be considered as Exhibit B‐1 in the proceeding to review the application to amend section
2.1 of the PPA, and that the CON Agreements and the previous submissions and comments filed by BC
Hydro, FortisBC and CON, should also be made part of the evidentiary record; and
J. The Commission considers that a written public hearing process is required for the review of the application
to amend section 2.1 of the PPA and seeks comment by Thursday, October 16, 2008 from CON and FortisBC
to enter into evidence all written filings, comments, submissions and replies currently filed with Commission
on the CON Agreements.
NOW THEREFORE the Commission orders as follows:
1. The Commission, pursuant to subsections 58 (1) and (2) of the Act, establishes a written public hearing
process for the review of the Application, in accordance with the Regulatory Timetable attached as Appendix
A.
2. BC Hydro will provide a copy of this Commission Order and the Regulatory Timetable attached as Appendix A
to this Order to all parties who participated in its F07/F08 Revenue Requirements Application and the 2007
Rate Design Application as well as those Intervenors currently participating in its F2009/F2010 Revenue
Requirements Application.
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BRIT ISH COLUMBIA
UTIL IT IES COMMISSION
ORDER
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3. BC Hydro will provide a copy of this Commission Order and the Regulatory Timetable attached as Appendix A
to this Order to all parties who participated in the FortisBC F07/F08 Revenue Requirements Application and
the 2007 Rate Design Application.
4. BC Hydro will make available the Application with any supporting materials for inspection at the BC Hydro
Head Office in Vancouver, on BC Hydro’s website at http://www.bchydro.com and on the Commission’s
website at http://www.bcuc.com.
5. BC Hydro will arrange to make available the Application with any supporting materials at the FortisBC Offices
in Kelowna and Trail and on FortisBC’s website at http://www.fortisbc.com.
6. BC Hydro will arrange for early publication, in display ad format, the Notice of Application and Written Public
Hearing Process, attached as Appendix B to this Order, in the Vancouver Sun, The Province, the Victoria
Times Colonist, and in such other appropriate local news publications so as to provide adequate notice to
the customers in its service area and in local news publications in Nelson, Castlegar, Creston, Grand Forks,
Kelowna, Oliver, Osoyoos, Penticton and Trail so as to provide adequate notice to the customers in the
FortisBC service area.
7. Intervenors and Interested Parties should register for the written public hearing process for the review of
the Application with the Commission, in writing or by online web registration, by the date as set out in
Appendix A to this Order. Intervenors should specifically state the nature of their interest in the Application
and generally identify the nature of the issues that they intend to pursue during the written public hearing
process and the nature and extent of their anticipated involvement in the review process.
8. Intervenors intending to apply for participant assistance must submit a budget estimate consistent with the
Commission’s Participant Assistance/Cost Award Guidelines and Order G‐72‐07 by the date as set out in
Appendix A to this Order. Copies are available upon request or can be downloaded from the Commission’s
web site at http://www.bcuc.com.
DATED at the City of Vancouver, in the Province of British Columbia, this 2
nd
day of October 2008.
BY ORDER
Original signed by:
A.A. Rhodes
Commissioner
Attachments
ORDERS/G‐148‐08_BCH Amend Section 2.1 of RS 3808 – PPA ‐ Timetable
An Application by British Columbia Hydro and Power Authority (“BC Hydro”)
to Amend Section 2.1 of Rate Schedule 3808 (“RS 3808”)
Power Purchase Agreement (“PPA”)
REGULATORY TIMETABLE
ACTION
Publication of the Notice of Application by BC Hydro
Commission Information Request No. 1 to BC Hydro
BC Hydro Responses to Commission Information Request No. 1
Registration of Intervenors and Interested Parties with the Commission
Intervenor Participant Assistance Budgets
Intervenor Information Request No. 1 to BC Hydro
BC Hydro Responses to Intervenor Information Request No. 1
Commission and Intervenors Information Request No. 2 to BC Hydro
BC Hydro Response to Commission and Intervenors Information Request No. 2
BC Hydro Final Submissions
Intervenor Final Submissions
BC Hydro Reply Submission
APPENDIX A
to Order G‐148‐08
Page 1 of 1
DATE (2008)
Friday, October 10
Wednesday, October 22
Wednesday, October 29
Friday, October 31
Monday, November 3
Wednesday, November 5
Wednesday, November 19
Wednesday, November 26
Wednesday, December 3
Monday, December 8
Thursday, December 11
Monday, December 15
APPENDIX B
to Order G‐148‐08
Page 1 of 2
TELEPHONE: (604) 660‐4700
SIXTH FLOOR, 900 HOWE STREET, BOX 250
BC TOLL FREE: 1‐800‐663‐1385
VANCOUVER, B.C. V6Z 2N3 CANADA
FACSIMILE: (604) 660‐1102
web site: http://www.bcuc.com
NOTICE OF APPLICATION AND
WRITTEN PUBLIC HEARING PROCESS
An Application by British Columbia Hydro and Power Authority
to Amend Section 2.1 of Rate Schedule 3808 (“RS 3808”)
Power Purchase Agreement
THE APPLICATION
On September 16 and 25
th
2008, pursuant to subsections 58 (1) and (2) of the Act, BC Hydro applied to the
Commission for approval to amend the POWER PURCHASE AGREEMENT (“PPA”), effective October 1, 1993, by
Commission Order G‐85‐93, to clarify that the electricity purchased by FortisBC under the PPA cannot be sold to
FortisBC customers to replace electricity to be sold by those customers.
THE REGULATORY PROCESS
The Commission has established a Regulatory Timetable for a Written Public Hearing process to review the
Application.
INTERVENTIONS
Persons who expect to actively participate in this Written Public Hearing process should register as Intervenors
with the Commission, in writing, no later than Friday, October 31, 2008. Intervenors are requested to identify
their interest in the Application. Intervenors will each receive a copy of the Application and all correspondence
and filed documentation in accordance with the Commission’s Document Filing Protocols.
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 the same date. Interested Parties will receive a copy of
the Executive Summary in the Application and the Commission’s Decision when issued.
All submissions and/or correspondence received from active participants or the general public relating to the
Application will be placed on the public record and posted to the Commission’s web site at www.bcuc.com .
APPENDIX B
to Order G‐148‐08
Page 2 of 2
The Commission Panel in a proceeding may award costs for participation, pursuant to the Participant
Assistance/Cost Award Guidelines, under Section 118 of the Act. The Guidelines are available at
www.bcuc.com/Guidelines.aspx. Participants intending to apply for participant assistance must file a budget by
Monday, November 3, 2008.
PUBLIC INSPECTION OF THE DOCUMENTS
The Application and supporting materials will be available for inspection at the following locations:
British Columbia Utilities Commission
Internet
Sixth Floor, 900 Howe Street
www.bcuc.com
Vancouver, B.C. V6Z 2N3
Telephone: 1‐800‐663‐1385
FortisBC Inc.
Internet
Head Office
www.fortisbc.com
1975 Springfield Road, Suite 100
Kelowna, B.C. V1Y 7V7
FortisBC Inc.
Internet
Trail Office
www.fortisbc.com
1290 Esplanade
Trail, B.C. V1R 4L4
BC Hydro
Internet
17
th
Floor, 333 Dunsmuir Street
www.bchydro.com
Vancouver, B.C. V6B 5R4
Telephone: (604) 623‐4046
All submissions and/or correspondence received from active participants or the general public relating to the
Application will be placed on the public record and posted to the Commission’s web site.
FURTHER INFORMATION
For further information, please contact the Commission Secretary as follows:
Telephone:
(604) 660‐4700
B.C. Toll Free: 1‐800‐663‐1385
Facsimile:
(604) 660‐1102
E‐Mail:
commission.secretary@bcuc.com
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