IN THE MATTER OF
the Utilities Commission Act, R.S.B.C. 1996, Chapter 473
and
British Columbia Hydro and Power Authority
General Wheeling Agreement between FortisBC Inc. and BC Hydro
BEFORE: L.F. Kelsey, Commissioner October 28, 2010
D.A. Cote, Commissioner
O R D E R
WHEREAS:
A. On October 15, 1986, British Columbia Hydro and Power Authority (BC Hydro) and West Kootenay Power and Light Company Limited, now FortisBC Inc. (FortisBC) entered into the General Wheeling Agreement that provides for the transmission of electricity by BC Hydro to serve FortisBC’s customers in Creston, Princeton and the Okanagan. This agreement was amended pursuant to: (i) the General Wheeling Agreement Amending Agreement (2002) dated December 13, 2002; and (ii) the General Wheeling Agreement Amending Agreement (2004) dated April 5, 2004 (collectively the GWA);
B. Prior to the creation of the British Columbia Transmission Corporation (BCTC), the GWA and its corresponding rate schedules were filed with the British Columbia Utilities Commission (Commission) as BC Hydro Tariff Supplement No. 2 and Rate Schedule 3817 – General Wheeling Service – FortisBC Inc.
(RS 3817) respectively;
C. On April 1, 2005, BC Hydro and BCTC entered into the Assignment and Assumption Agreement that assigned BC Hydro’s rights and obligations under the GWA to BCTC. Pursuant to Order G-34-05, on April 7, 2005, the Commission approved: (i) the Assignment and Assumption Agreement; (ii) BCTC Rate Schedule 21 for services under the GWA; and (iii) the withdrawal of BC Hydro RS 3817;
D. On June 3, 2010, the Clean Energy Act, S.B.C. 2010, c. 16 (CEA) received Royal Assent and on July 5, 2010, sections 21 to 33 regarding the integration of BCTC and BC Hydro came into force. As a result of the CEA, BCTC’s obligations and liabilities under the GWA, including its tariff obligations, became BC Hydro’s obligations and liabilities on July 5, 2010;
E. On October 18, 2010, BC Hydro applied pursuant to sections 59 to 61 of the Utilities Commission Act (Act) for the approval and reinstatement of the GWA as BC Hydro Tariff Supplement No. 2 and RS 3817, and to rescind BCTC Rate Schedule 21.
NOW THEREFORE pursuant to sections 59 to 61 of the Act the Commission orders as follows:
1. BC Hydro Tariff Supplement No. 2 and Rate Schedule 3817 – General Wheeling Service – FortisBC Inc. are approved and are to be effective the date of this order.
2. BCTC Rate Schedule 21 is rescinded as of the date of this order.
DATED at the City of Vancouver, in the Province of British Columbia, this 28th day of October 2010.
BY ORDER
Original signed by:
D.A. Cote
Commissioner
Attachment