Orders

 

ORDER NUMBER

G-124-19

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

Raven’s Landing Industrial Park Ltd.

Application for Exemption pursuant to section 88(3) of the Utilities Commission Act

 

BEFORE:

R.I. Mason, Panel Chair

W.M. Everett, QC, Commissioner

 

on June 6, 2019

 

ORDER

WHEREAS:

 

A.      On April 15, 2019, Raven’s Landing Industrial Park Ltd. (RLIP) filed an application with the British Columbia Utilities Commission (BCUC) for a partial exemption from Part 3 of the Utilities Commission Act (UCA);

B.      RLIP purchases the energy used by the commercial strata park (Strata Park) directly from the British Columbia Hydro and Power Authority (BC Hydro) and re-sells it to all occupants of the Strata Park;

C.      The Strata Park, located at 1763 Sean Heights, Saanichton, is comprised of three buildings with 27 separate strata units. Nine units are owned directly by their occupant, the remaining 18 units are owned by RLIP and rented by tenants, some with lease terms greater than five years;

D.      By letter to the BCUC dated September 11, 2018, RLIP acknowledged that it meets the definition of a public utility as defined in the UCA due to the existence of owner-occupied units within the Strata Park;

E.       By Order G-177-18 dated September 24, 2018, the BCUC, having been granted advance approval by the Minister of Energy, Mines and Petroleum Resources responsible for the administration of the Hydro and Power Authority Act, ordered a class exemption for all BC Hydro customers with lease arrangements where the Lessor, not otherwise a public utility, provides electricity only to the Lessee, where the lease period is greater than five years, if the service or commodity is not resold to or used by others and meets the criteria of BC Hydro Electric Tariff Terms and Conditions for the Resale of Electricity and where all other requirements of the UCA are met; and

F.       The BCUC finds it to be warranted and in the public interest to initiate a proceeding to consider whether an exemption is appropriate.

 

NOW THEREFORE the BCUC, pursuant to section 88(3) of the UCA, orders as follows:

 

1.       A written hearing process is established for the review of the RLIP’s application for exemption pursuant to section 88(3) of the UCA (Application) as set out in the regulatory timetable attached as Appendix A to this order.

2.       RLIP is required to provide a copy of this order to affected and potentially affected parties including occupants of the strata park; whether tenants, owners or otherwise, as soon as possible, but by no later than June 13, 2019.

3.       In accordance with the BCUC’s Rules of Practice and Procedure, interveners who wish to participate in the regulatory proceeding are to register with the BCUC by completing a Request to Intervene form by the date established in the regulatory timetable attached as Appendix A to this order.

4.       Members of the public are invited to provide letters of comment on the Application to the BCUC by the date established in the regulatory timetable. Letters of Comment must be in the Letter of Comment form and submitted by email to commission.secretary@bcuc.com or by mail, courier or personal delivery to the BCUC, Sixth Floor, 900 Howe Street, Vancouver, BC, V6Z 2N3.

 

DATED at the City of Vancouver, in the Province of British Columbia, this                6th                day of June 2019.

 

BY ORDER

 

Original signed by:

 

R. I. Mason

Commissioner

 

 

Attachment

 

 

Raven`s Landing Industrial Park Ltd.

Application for Exemption pursuant to section 88(3) of the Utilities Commission Act