Orders

ORDER NUMBER

G-138-17

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

SSL-Sustainable Services Ltd.

Status as a Public Utility under the Utilities Commission Act

BEFORE:

D. M. Morton, Panel Chair/Commissioner

B. A. Magnan, Commissioner

on September 11, 2017

ORDER

WHEREAS:

A.      On September 7, 2017, the British Columbia Utilities Commission (Commission) received an email request from SSL-Sustainable Services Ltd.’s (SSL) to extend the written final argument and written reply argument deadline established in Commission Order G-135-17 (Request). The Request seeks to extend the written final argument filing deadline from September 18, 2017 to October 13, 2017, and the written reply argument filing deadline some weeks after in order to alleviate internal resource issues;

B.      On December 16, 2015, the Commission received a complaint from a resident of the City of Langford regarding energy services in a subdivision provided by SSL geothermal system;

C.      SSL has not been granted a Certificate of Public Convenience and Necessity, nor has it made an application for approval of rates for public utility service under the Stream B criteria of the Commission’s Thermal Energy System (TES) Regulatory Framework Guidelines (TES Guidelines). SSL has also not been granted Stream A status per the TES Guidelines;

D.      The Commission reviewed the complaint and the information provided by SSL in its response letters and on June 9, 2016 via Order G-87-16, and pursuant to section 83 of the Utilities Commission Act (UCA), another panel made the order that initiated this proceeding to determine whether SSL is a public utility under the UCA (Proceeding);

E.       A workshop and procedural conference were held on January 18, 2017. SSL, City of Langford, FortisBC Energy Inc. (FEI), and Commission staff made submissions at the procedural conference;

F.       By Order G-12-17 dated January 31, 2017 and Order G-22-17 dated February 23, 2017, the Commission established further regulatory timetables for the Proceeding, which included the filing of information packages and information requests to both SSL and the City of Langford;

G.      By letter dated May 11, 2017, the Panel requested a response from the City of Langford to a Panel Information Request and requested submissions on further process from all parties;

H.      SSL, City of Langford and FEI provided submissions on further process. City of Langford submitted that in written arguments and reply arguments phase, parties taking the position that SSL is a public utility regulated under the UCA should submit their written argument prior to the parties opposing that position. Further, City of Langford requested one day for oral arguments, in particular if all parties would be expected to file arguments concurrently. SSL agreed with City of Langford’s proposal and submitted it strongly supported having oral arguments. FEI submitted that all parties filing arguments concurrently was reasonable. FEI further expressed its willingness to participate in an oral argument if the Commission considered it to be of value, but stated that FEI considers oral argument unnecessary;

I.        By letter dated July 13, 2017, the Panel requested a response from SSL, City of Langford and FEI to Panel Information Requests;

J.        By Order G-135-17, the Commission established a regulatory timetable for written final arguments and written reply arguments to be filed concurrently by all parties. Order G-135-17 provided for an oral argument subject to Panel’s determination on the necessity of one, after written final arguments and reply arguments are received;

K.      The Commission has reviewed the Request and finds that extending the written final argument deadline to October 13, 2017, and the written reply argument deadline to November 17, 2017 from the original deadlines in the Proceeding’s timetable established by Order G-135-17 is warranted.

NOW THEREFORE the British Columbia Utilities Commission orders that the regulatory timetable for the proceeding to determine whether SSL-Sustainable Services Ltd. is a public utility under the Utilities Commission Act, as set out in Order G-135-17, be amended by extending the written final argument deadline to October 13, 2017, and the written reply argument deadline to November 17, 2017, as set out in Appendix A to this order.

DATED at the City of Vancouver, in the Province of British Columbia, this            11^th          day of September 2017.

BY ORDER

Original signed by:

D. M. Morton

Panel Chair/Commissioner

Attachment

SSL-Sustainable Services Ltd.

Status as a Public Utility under the Utilities Commission Act