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"Point in Time" Regulation Content

Utilities Commission Act

Direction No. 5 to the British Columbia Utilities Commission

B.C. Reg. 245/2013

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 December 22, 2014
March 15, 2023
Section 4 December 22, 2014
March 22, 2017
Section 5 December 22, 2014
March 22, 2017
Section 6 December 22, 2014
March 22, 2017
March 15, 2023
Section 6.1 March 15, 2023
Section 7 December 22, 2014
March 22, 2017
Section 8 December 22, 2014
March 22, 2017
Section 9 December 22, 2014
Appendix 3 to 5 December 22, 2014
Appendix 4 March 15, 2023
Appendix 4.1 March 15, 2023

 Section 1 was renumbered as 1 (1) by BC Reg 265/2014, effective December 22, 2014.

 Section 1 (1) definition of "applicable customers" BEFORE amended by BC Reg 265/2014, effective December 22, 2014.

"applicable customers" means customers of a utility other than customers receiving service

(a) under a fixed rate, or

(b) in the Fort Nelson service area of the utility, unless the Fort Nelson service area no longer has a distinct rate base;

 Section 1 (1) definitions of "construction carrying costs", "contract demand", "CTS expansion project", "EGP project", "extraordinary retirement costs", "letter agreement", "liquefaction capacity", "LNG agreement", "LNG revenue variance regulatory account", "long-term LNG service", "operating costs", "operation period", "phase 1A facilities", "phase 1B facilities", "specified agreement" "sustaining capital costs" and "transportation rate schedule" were added by BC Reg 265/2014, effective December 22, 2014.

 Section 1 (2) was added by BC Reg 265/2014, effective December 22, 2014.

 Section 1 (1) definition of "transportation agreements" was added by BC Reg 74/2023, effective March 15, 2023.

 Section 4 BEFORE re-enacted by BC Reg 265/2014, effective December 22, 2014.

Expansion facilities

4   (1) The commission must not exercise its power under section 45 (5) of the Act in respect of the expansion facilities.

(2) In setting rates under the Act for FortisBC Energy Inc., the commission must do both of the following:

(a) include in the utility's natural gas class of service rate base the lesser of

(i) the capital costs of constructing the expansion facilities, and

(ii) $400 million;

(b) include the utility's feasibility and development costs on or after January 1, 2013, related to the expansion facilities, plus a return on those costs equal to the utility's weighted average cost of capital, in the utility's natural gas class of service rate base.

 Section 4 (1) (b) BEFORE amended by BC Reg 115/2017, effective March 22, 2017.

(b) phase 1B facilities, if, on the date construction of phase 1B facilities begins, specified agreements are in place representing an average of at least 70% of the intended liquefaction capacity of the phase 1B facilities for the operation period, calculated as follows:

AV = Y/15
where
AV = the average of the intended liquefaction capacity of phase 1B facilities for the operation period;
Y = the sum of the amounts of intended liquefaction capacity of phase 1B facilities represented by specified agreements for each year of the operation period.

 Section 4 (2) (a) and (b) (part) BEFORE amended by BC Reg 115/2017, effective March 22, 2017.

(a) on January 1 of the year immediately following the year in which phase 1A facilities are completed, include in the utility's natural gas class of service rate base the sum of the following:

(i) the lesser of

(A) the capital costs of the phase 1A facilities, and

(B) $400 million;

(ii) the construction carrying costs for the phase 1A facilities;

(iii) the feasibility and development costs incurred on or after January 1, 2013;

(b) on January 1 of the year immediately following the year in which phase 1B facilities are completed, include in the utility's natural gas class of service rate base the sum of the following:

 Section 5 (1.1) was added by BC Reg 265/2014, effective December 22, 2014.

 Section 5 (1.2) was added by BC Reg 115/2017, effective March 22, 2017.

 Section 6 was enacted by BC Reg 265/2014, effective December 22, 2014.

 Section 6 (6) BEFORE amended by BC Reg 115/2017, effective March 22, 2017.

(6) Terms used in subsection (4) and not defined in this direction have the same meaning as in the transportation rate schedule.

 Section 6 (1) BEFORE repealed by BC Reg 74/2023, effective March 15, 2023.

(1) Within 60 days of the date this section comes into force, the commission must issue an order setting the transportation rate schedule as a rate for FortisBC Energy Inc., effective on the date the order is issued.

 Section 6 (1.1) was added by BC Reg 74/2023, effective March 15, 2023.

 Section 6.1 was enacted by BC Reg 74/2023, effective March 15, 2023.

 Section 7 was enacted by BC Reg 265/2014, effective December 22, 2014.

 Section 7 (2) (a) BEFORE amended by BC Reg 115/2017, effective March 22, 2017.

(a) on January 1 of the year immediately following the year in which the EGP project is completed, include in the utility's natural gas class of service rate base the capital costs, construction carrying costs and feasibility and development costs for the EGP project,

 Section 8 was enacted by BC Reg 265/2014, effective December 22, 2014.

 Section 8 (2) (a) BEFORE amended by BC Reg 115/2017, effective March 22, 2017.

(a) on January 1 of the year immediately following the year in which a CTS expansion project is completed, include in the utility's natural gas class of service rate base the capital costs, construction carrying costs and feasibility and development costs for the CTS expansion project,

 Section 9 was enacted by BC Reg 265/2014, effective December 22, 2014.

 Note to Appendixes 3 to 5 were added by BC Reg 265/2014, effective December 22, 2014.

 Appendix 4 BEFORE re-enacted by BC Reg 74/2023, effective March 15, 2023.

Appendix 4

[en. B.C. Reg. 265/2014, s. 5.]

Rate Schedule 50

 Appendix 4.1 was enacted by BC Reg 74/2023, effective March 15, 2023.