Orders

ORDER NUMBER

G-44-19

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

FortisBC Energy Inc. and Mt. Hayes (GP) Ltd.

Application for Approvals to Reorganize the Ownership Interests in the

Mt. Hayes Liquefied Natural Gas Storage Facility

 

BEFORE:

T. A. Loski, Panel Chair/Commissioner

B. A. Magnan, Commissioner

 

on February 28, 2019

 

ORDER

WHEREAS:

 

A.      On January 31, 2019, FortisBC Energy Inc. (FEI) and Mt. Hayes (GP) Ltd., as general partner on behalf of Mt. Hayes Storage Limited Partnership (Mt. Hayes LP), submitted an application to the British Columbia Utilities Commission (BCUC) for approvals under Sections 50, 52, 54, 61 and 71 of the Utilities Commission Act (UCA) to reorganize the limited partnership arrangement (Proposed Reorganization) of Mt. Hayes LP, the beneficial owner of the Liquefied Natural Gas Storage Facility (LNG Storage Facility) located at Mt. Hayes, near Ladysmith, British Columbia (Application);

B.      By Order G-109-11A and accompanying reasons for decision dated June 28, 2011, the BCUC approved, among other things, the current limited partnership arrangement, whereby FortisBC Energy (Vancouver Island) Inc. (FEVI), now FEI, would own a minimum of 85 percent of the limited partnership units of Mt. Hayes LP, and the Chemainus Indian Band (Chemainus) and Cowichan Tribes (Cowichan) would collectively own a maximum of 15 percent of the limited partnership units of Mt. Hayes LP;

C.      The Proposed Reorganization in the Application represents a modification of the limited partnership arrangement for Mt. Hayes LP approved by Order G-109-11A;

D.      A copy of the Application was provided to registered interveners in FEI’s Annual Review for 2019 Delivery Rates proceeding;

E.       FEI and Mt. Hayes LP state that the transactions proposed in the Application will not affect the operation and use of the LNG Storage Facility by FEI to provide service to its customers, will not affect the rates customers pay for the LNG Storage Facility, and will not change the nature of the existing Chemainus and Cowichan ownership interests in Mt. Hayes LP; and

F.       The BCUC considers that establishing a regulatory timetable for the review of the Application is warranted.

NOW THEREFORE the BCUC orders as follows:

 

1.       The establishment of a public hearing process in accordance with the regulatory timetable, as set out in Appendix A to this order.

2.       Within 5 business days of this order, FEI is directed to publish the Application, this order and the regulatory timetable by using appropriate communication methods, including, but not limited to, FEI’s website and social media.

3.       Interveners who wish to participate in the regulatory proceeding are to register with the BCUC by completing a Request to Intervene Form, available on the BCUC’s website at http://www.bcuc.com/get-involved/get-involved-proceeding.html, by the date established in the Regulatory Timetable attached as Appendix A to this order and in accordance with the BCUC’s Rules of Practice and Procedure attached to Order G-15-19.

 

DATED at the City of Vancouver, in the Province of British Columbia, this              28^th           day of February, 2019.

 

BY ORDER

 

Original signed by:

 

T. Loski

Commissioner

 

 

Attachment

 

 

FortisBC Energy Inc. and Mt. Hayes (GP) Ltd.

Application for Approvals to Reorganize the Ownership Interests in the

Mt. Hayes Liquefied Natural Gas Storage Facility