LETTER NO. L‐92‐09
SIXTH FLOOR, 900 HOWE STREET, BOX 250
ERICA M. HAMILTON
VANCOUVER, B.C. CANADA V6Z 2N3
COMMISSION SECRETARY
TELEPHONE: (604) 660‐4700
Commission.Secretary@bcuc.com
BC TOLL FREE: 1‐800‐663‐1385
web site: http://www.bcuc.com
FACSIMILE: (604) 660‐1102
Log No. 30988
VIA E‐MAIL
bchydroregulatorygroup@bchydro.com
BC HYDRO – RECONSIDERATION
2008 LTAP – G‐91‐09 EXHIBIT A‐1
October 13, 2009
Ms. Joanna Sofield
Chief Regulatory Officer
British Columbia Hydro and Power Authority
17
th
Floor, 333 Dunsmuir Street
Vancouver, B.C. V6B 5R3
Dear Ms. Sofield:
Re: British Columbia Hydro and Power Authority
Application for Reconsideration with respect to the 2008 Long Term Acquisition Plan
The Commission Panel has reviewed the October 7, 2009 letter from British Columbia Hydro and Power Authority (“BC
Hydro”) requesting reconsideration and variance of condition 7 of Commission Order G‐91‐09 dated July 27, 2009.
Condition 7 directs BC Hydro to comply with all other directives in the 2008 Long Term Acquisition Plan (“2008 LTAP”)
Decision accompanying Order G‐91‐09 (“Reconsideration Application”).
The Commission Panel accepts BC Hydro’s request that the Reconsideration Application should proceed directly to Phase 2
of the two‐phase reconsideration process. This letter establishes the regulatory process and timetable for the Commission
to hear the full arguments on the merits of the application from BC Hydro and Intervenors who wish to make submissions.
BC Hydro seeks to vary two Directives in the 2008 LTAP Decision, respectively Directive 32 on the future LTAP filing date and
Directive 45 on the determination that Voltage Optimization programs are not Demand Side Management (“DSM”)
initiatives . BC Hydro also seeks clarification regarding BC Hydro’s treatment of the 400 megawatt (MW) market reliance.
With respect to Directive 32, BC Hydro submits that the Commission has made errors in fact and in law and submits there
was no evidence before the Commission to support a finding of fact that a June 2010 filing date for the next LTAP gives BC
Hydro sufficient time to consider the 2008 LTAP Decision and that the Commission failed to address relevant considerations
as part of its decision including BC Hydro’s evidence that a June 2010 filing date for the next LTAP does not give BC Hydro
sufficient time.
In addition, BC Hydro submits that there have been fundamental changes in circumstances or facts since the 2008 LTAP
decision relevant to the next LTAP filing date.
With respect to Directive 45, BC Hydro submits that the Commission erred in law in acting outside its jurisdiction. BC Hydro
submits that there is no provision in the Utilities Commission Act (“UCA”) giving the Commission the jurisdiction to
determine an initiative is not DSM if that initiative meets the definition of demand‐side measure set out in section 1 of the
UCA.
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LETTER NO. L‐92‐09
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Lastly, BC Hydro requests that the Commission provide clarification with respect to the treatment of the 400 MW market
reliance for the purposes of potential future Resource Smart capacity upgrades, capacity‐focused DSM Definition phase
work, and other capacity‐related resource acquisition activity.
The Commission Panel has determined that the Reconsideration Application should proceed by way of written submissions
and establishes the following regulatory timetable:
Intervenor Submissions
Tuesday, October 27, 2009
BC Hydro Reply Submissions
Wednesday, November 4, 2009
Yours truly,
Original signed by:
Erica M. Hamilton
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