Orders

ORDER NUMBER

G-194-18

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

Creative Energy Vancouver Platforms Inc.

Application for a Certificate of Public Convenience and Necessity

For Beatty-Expo Plants and Reorganization

BEFORE:

D. A. Cote, Panel Chair/Commissioner

D. J. Enns, Commissioner

M. Kresivo, Commissioner

on October 12, 2018

ORDER

WHEREAS:

A.      On June 29, 2018, Creative Energy Vancouver Platforms Inc. (Creative Energy) filed an application with the British Columbia Utilities Commission (BCUC) for a Certificate of Public Convenience and Necessity (CPCN) pursuant to sections 45 and 46 of the Utilities Commission Act (UCA) to construct and operate new and renovated steam plant works and related facilities at Creative Energy’s existing site at 720 Beatty Street in Vancouver and at an adjacent site within BC Place Stadium (Project), and additional approvals required in connection to the Project (Application);

B.      Creative Energy seeks, among other things, approval of the following steps related to a corporate reorganization involving Creative Energy:

•         Amalgamation involving a public utility requiring the BCUC endorsement and Lieutenant Governor in Council (LGIC) consent pursuant to section 53 of the UCA;

•         Corporate structure changes requiring the BCUC approval, including:

•         Repurchase and issuance of shares in a public utility , pursuant to section 50 of the UCA;

•         Disposition of shares or other property of a public utility, other than in the normal course of business, pursuant to section 52 of the UCA;

•         Transfer of shares in a public utility that results in a person acquiring a reviewable interest in the public utility, pursuant to section 54 of the UCA; and

•         Disposition of Creative Energy’s interest in “Trust Property” (as defined in the Application, the Trust Property is the interest in the lands, spaces and improvements on 720 Beatty Street and 701 Expo Boulevard, Vancouver, including all development rights that are surplus to the requirements of the utility), pursuant to section 52 of the UCA;

C.      On July 13, 2018, the BCUC issued Order G-128-18 establishing a regulatory timetable which included a workshop, BCUC and Intervener Information Requests (IRs) No. 1 and Creative Energy responses to BCUC and Intervener IRs No. 1 with further process to be determined;

D.      On August 31, 2018, Creative Energy filed an extension request to file certain IR responses by 9:00 a.m. on September 10, 2018 and the BCUC granted the extension;

E.       The Panel has engaged Grover, Elliott & Co. Ltd. as an independent appraiser to conduct valuation of land associated to the Application and provide an expert report to the Panel; and

F.       By letter dated September 19, 2018, the BCUC issued the Terms of Reference for the Independent Land Value Assessment to which the independent land value assessment report should be conducted.

NOW THEREFORE the BCUC orders that a further regulatory timetable for the review of the Application is established, as set out in Appendix A to this order.

DATED at the City of Vancouver, in the Province of British Columbia, this              12th            day of October 2018.

BY ORDER

Original Signed By:

D. A. Cote

Commissioner

Attachment

Creative Energy Vancouver Platforms Inc.

Application for a Certificate of Public Convenience and Necessity

For Beatty-Expo Plants and Reorganization