Orders

ORDER NUMBER

G-234-19

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

City of Coquitlam

Application for Reconsideration and Variance of Order G-80-19 in the matter of the

FortisBC Energy Inc. Application for Use of Lands under Sections 32 and 33 of the Utilities Commission Act

in the City of Coquitlam for the Lower Mainland Intermediate Pressure System Upgrade Projects

BEFORE:

R. I. Mason, Panel Chair

W. M. Everett, QC, Commissioner

on September 27, 2019

ORDER

WHEREAS:

A.      On May 16, 2019, pursuant to section 99 of the Utilities Commission Act (UCA), the City of Coquitlam (City) filed with the British Columbia Utilities Commission (BCUC) an application for Reconsideration and Variance of Order G-80-19 (Application);

B.      By Order G-80-19 and accompanying reasons for decision dated April 15, 2019, the BCUC issued its decision regarding FortisBC Energy Inc.’s (FEI) application for use of the City’s lands for the construction and operation of the LMIPSU Projects, including the disposition of the Nominal Pipe Size (NPS) 20 Pipeline, which FEI proposed to decommission. The BCUC ordered, among other things, the following:

1.       Pursuant to section 121 of the UCA, it is affirmed that FEI is authorized to abandon the decommissioned NPS 20 Pipeline in place; and

2.       Pursuant to section 32 of the UCA, upon request by the City in circumstances where it interferes with municipal infrastructure, the costs of removal of any portion of the decommissioned NPS 20 Pipeline shall be shared equally between FEI and the City;

C.      By Order G-114-19 dated May 29, 2019, the BCUC established a public hearing with a regulatory timetable as set out in Appendix A of the order;

D.      By June 27, 2019, FEI, British Columbia Hydro and Power Authority (BC Hydro), Pacific Northern Gas Ltd. (PNG) and Commercial Energy Consumers Association of British Columbia (CEC) registered as Interveners;

E.       By Order G-221-19 dated September 11, 2019, the BCUC:

1.       Established an updated regulatory timetable as set out in Appendix A of the Order;

2.       Requested submissions on the proposed process from the City and Interveners on:

                                                 i.      Whether the proceeding should advance to written Final Arguments, or if some other process is warranted; and

                                               ii.      The proposed timetable for the remaining regulatory process;

F.       By letter dated September 16, 2019, the City submits that the hearing should advance to final arguments. The City views that it would be appropriate and helpful if the BCUC Panel was to set out questions for the parties to address in their written argument. The City is amenable participate in an oral argument phase if the Panel still has questions after reviewing the written arguments;

G.     By letters dated September 18, 2019, September 19, 2019 and September 20, 2019 respectively, FEI, BC Hydro and CEC provided their responses to the City’s letter. None of the parties objected to the City’s proposal;

H.      By letter dated September 25, 2019, the City confirmed it had no further submissions; and

I.        The BCUC considers that establishing an updated timetable is warranted.

NOW THEREFORE pursuant to section 99 of the UCA, the BCUC orders that an updated regulatory timetable is established, in accordance with the regulatory timetable as set out in Appendix A to this order.

DATED at the City of Vancouver, in the Province of British Columbia, this          27^th            day of September 2019.

BY ORDER

Original signed by:

R. I. Mason

Commissioner

Attachment

City of Coquitlam

Application for Reconsideration and Variance of Order G-80-19 in the matter of the

FortisBC Energy Inc. Application for Use of Lands under Sections 32 and 33 of the Utilities Commission Act in the City of Coquitlam for the Lower Mainland Intermediate Pressure System Upgrade Projects

*Oral arguments will be at the discretion of the Panel once written arguments have been reviewed. If the Panel does decide to proceed with oral arguments, it expects to inform the participants of the scope of the presentations by letter in reasonable time to allow for preparations.