Orders

IN THE MATTER OF

the Utilities Commission Act, R.S.B.C. 1996, Chapter 473

and

Application by Casa Del Mila Oro Geothermal

For Approval of Rates, Tariff Terms and Conditions and a Certificate of Public Convenience and Necessity

BEFORE:          D.M. Morton, Panel Chair/Commissioner

                C.A. Brown, Commissioner                                          October 2, 2014

                                I.F. MacPhail, Commissioner

O  R  D  E  R

WHEREAS:

A.      On August 18, 2014, the person, or the person’s lessee, trustee, receiver or liquidator who owns or operates the Geothermal heating and cooling facilities known as Casa Del Mila Oro Geothermal (CDMOG) applied to the British Columbia Utilities Commission (Commission) for approval of Rates, Tariff Terms and Conditions and a Certificate of Public Convenience and Necessity (Application);

B.      CDMOG is located at 47 – 5401 Lakeshore Drive, Osoyoos, BC.  It is a ground source thermal system that distributes fluid to approximately 45 individual customers which is then used by the customer’s heat pump to provide heating and cooling to the individual units at the Casa Del Mila Oro Resort located at 5401 Lakeshore Drive, Osoyoos, BC;

C.      On August 29, 2014, by Order G-123-14, the Commission established a public hearing process and a preliminary Regulatory Timetable to review the Application;

D.      On September 29, 2014, the Commission received a complaint from an Intervener, Strata KAS2860 (Exhibit C1-4), that CDMOG is not taking steps in advance of the heating season to make repairs on certain equipment critical to the geothermal system operation;

E.       The current proceeding includes consideration of maintenance and operation of CDMOG including evidence from an onsite examination performed by Lakeview Geotech on behalf of the Commission (Exhibits A2-2, A2-3 and A2-5).  Exhibit A2-5 identifies pump and well housing service to repair leaks as critical, described as “Immediately likely to cause complete system failure”;

F.       In response to a Commission Information Request (Exhibit A-3, IR 10.1), Chris Stewart on behalf of CDMOG agreed with the assessment report (Exhibit B-5); and

G.     The Commission considers that given the critical nature of the issue with cold temperatures approaching, a hearing is necessary to determine whether CDMOG should be ordered to complete repairs to the system to ensure reliable operation and that in the interests of efficiency, the current proceeding should include a review of this complaint in parallel with the review of the Application.

NOW THEREFORE, as a matter within this proceeding but separate from the stay application, the Commission invites comments on the complaint made in Exhibit C1-4 in accordance with the Regulatory Timetable below.

DATED at the City of Vancouver, in the Province of British Columbia, this             2nd               day of October 2014.

                                                                                                                                BY ORDER

                                                                                                                                Original Signed By:

                                                                                                                                D.M. Morton

                                                                                                                                Panel Chair/Commissioner