Orders

ORDER NUMBER

G-19-23

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

FortisBC Energy Inc.

Additional Detailed Operating Terms with City of Coquitlam

 

BEFORE:

A. K. Fung, KC, Panel Chair

E. B. Lockhart, Commissioner

 

on January 26, 2023

 

ORDER

WHEREAS:

 

A.      On May 31, 2022, FortisBC Energy Inc. (FEI) filed a request for the British Columbia Utilities Commission (BCUC) to issue an order, pursuant to section 23(1)(g) of the Utilities Commission Act (Act) approving FEI’s proposed additional detailed operating terms (Detailed Operating Terms) as the terms that will apply to a request by the City of Coquitlam (City) for FEI to a remove portion of the abandoned NPS 20 Pipeline in the City to accommodate a reasonable municipal purpose (Application);

B.      By letter dated July 13, 2022, the BCUC sought submissions from the City and FEI regarding the appropriate regulatory procedure, if any, for a review of this Application;

C.      By letter dated August 4, 2022, the City submitted that the parties should continue their discussions toward agreed Detailed Operating Terms, and a regulatory review process for the Application was not warranted. The City suggested that the BCUC extend the filing date for agreed Detailed Operating Terms to December 31, 2022;

D.      By letter dated August 11, 2022, FEI supported the City’s request to continue discussions until the end of 2022 and proposed that FEI file with the BCUC on or before January 16, 2023 an updated Application for approval of the Detailed Operating Terms;

E.       By Order G-229-22, the BCUC determined further regulatory process for the review of the Application was not warranted at that time, pending FEI’s filing of an updated Application for approval of the Detailed Operating Terms;

F.       On January 16, 2023, FEI filed an updated Application for approval of the Detailed Operating Terms (Updated Application); and

G.      The BCUC determines establishing a regulatory timetable for the review of the Updated Application is warranted.

 

NOW THEREFORE the BCUC orders as follows:

 

1.       A regulatory timetable is established for the review of the Updated Application, as outlined in Appendix A of this order (Regulatory Timetable).

2.       The BCUC directs that the parties address the following matters:

•         The City to provide its position, with rationale, on Clause 8.4 of FEI’s Proposed Terms as outlined in Appendix A of the Updated Application. This should include clarification of whether the City disagrees with Clause 8.4 in its entirety, or certain provisions only;

•         The City to confirm, or otherwise explain, that it agrees with the remainder of FEI’s Proposed Terms;

•         The City to confirm whether it agrees with FEI’s request for the BCUC to make a determination on Clause 8.4 at this time and if not, please explain why not;

•         Whether any further regulatory process is required beyond the steps outlined in the Regulatory Timetable; and

•         Any other matters relevant to the BCUC’s review of the Updated Application. 

 

 

DATED at the City of Vancouver, in the Province of British Columbia, this          26^th           day of January, 2023.

 

BY ORDER

 

Original signed by:

 

A. K. Fung, KC

Commissioner

 

 

Attachment

 

 

FortisBC Energy Inc.

Additional Detailed Operating Terms with City of Coquitlam