ORDER NUMBER
G-246-21
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
Barriere Ridge Power Inc.
Application for Exemption pursuant to
Section 88(3) of the Utilities Commission Act
BEFORE:
T. A. Loski, Panel Chair
C. M. Brewer, Commissioner
W. M. Everett, QC, Commissioner
on August 18, 2021
ORDER
WHEREAS:
A. On March 16, 2021, Barriere Ridge Power Inc. (BR Power) filed an application with the British Columbia Utilities Commission (BCUC) for exemption from section 71 and partial exemption from Part 3 of the Utilities Commission Act (UCA) with respect to its resale of electricity at Barriere Ridge Resort, a remote development of recreational properties on East Barriere Lake, which is approximately 20 km east of Barriere, B.C. (Application);
B. In the Application, BR Power states that it purchases electricity from British Columbia Hydro and Power Authority (BC Hydro) and re-sells it to lot owners at Barriere Ridge Resort, all of whom are shareholders of BR Power;
C. BR Power has been reselling electricity to lot owners since 2013, when it began operations of its electrical distribution system;
D. BR Power acknowledges in the Application that by reselling energy to others, BR Power falls within the definition of “public utility” as defined in section 1 of the UCA;
E. By Order G-130-21 dated April 29, 2021, the BCUC established a regulatory timetable for review of the Application, which included, among other things, one round of BCUC information requests (IRs) with responses due from BR Power on June 10, 2021;
F. By Letter dated June 14, 2021, BR Power filed a submission with the BCUC, which included a request to file responses to BCUC IR No. 1 by the second week of July (Extension Request); and
G. By Order G-186-21 dated June 16, 2021, the BCUC amended the regulatory timetable in response to BR Power’s Extension Request;
H. On July 14, 2021, BR Power filed its responses to BCUC IR No. 1, with supplemental information filed on August 12, 2021; and
I. The Panel has reviewed the evidence and considers that a further regulatory timetable is warranted.
NOW THEREFORE the BCUC orders as follows:
1. A further regulatory timetable is established in accordance with Appendix A to this order.
2. BR Power is directed, as soon as reasonable possible, but no later than Tuesday, October 5, 2021, to provide a second notice of the Application and a copy of this order, electronically where possible, to the Simpcw First Nation, the Secwépemc Tribal Council First Nations, Adams Lake Indian Band, the Shuswap Indian Band and any other Indigenous Group BR Power provided notice to resulting from Order G-130-21.
3. BR Power is directed to provide the BCUC by Tuesday, October 12, 2021, evidence of confirmation that the Indigenous groups noted above have received notice of the Application. Such evidence may be in the form of a phone log, reply email, or similar record.
4. Any party wishing to provide comments on the Application is invited to submit a letter of comment, by the date established in the attached regulatory timetable. Letters of comment must be in the Letter of Comment form available on the BCUC’s website at: http://www.bcuc.com/forms/letter-of-comment.aspx or by mail to the BCUC, Suite 410, 900 Howe Street, Vancouver, BC, V6Z 2N3.
5. In accordance with BCUC’s Rules of Practice and Procedure, parties who wish to actively participate in this proceeding must submit the Request to Intervene Form, available on the BCUC’s website at https://www.bcuc.com/get-involved/get-involved-proceeding.html, by the date established in the regulatory timetable.
DATED at the City of Vancouver, in the Province of British Columbia, this 18th day of August 2021.
BY ORDER
Original signed by:
T. A. Loski
Commissioner
Attachment
Barriere Ridge Power Inc.
Application for Exemption pursuant to Section 88(3) of the Utilities Commission Act
REGULATORY TIMETABLE
| Action |
Date (2021) |
| BR Power to provide additional notifications |
Tuesday, October 5 |
| BR Power to provide evidence of receipt of notifications |
Tuesday, October 12 |
| Intervener Registration |
Tuesday, November 16 |
| Deadline to submit letters of comment |
Tuesday, November 16 |
| BR Power response to letters of comment |
Tuesday, November 23 |
| Further Process |
To be determined |