British Columbia Order in Council — Order under Utilities Commission The British Columbia Utilities Commission to exempt Riverside Forest Products Limited from provisions of the Utilities Commission Act for the purposes and subject to the terms as described (O.C. 919/2001)

O.C. 919/2001

British Columbia — Orders in Council

OCT 1 8 L utenant Governor PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No 919 , Approved and Ordered Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that approval is given to the British Columbia Utilities Commission to exempt Riverside Forest Products Limited from provisions of the Utilities Commission Act for the purposes and subject to the terms substantially set out in the attached draft order of the British Columbia Utilities Commission.

Presiding ember of the Executive Co cil (This purl is for administrative purposes only and is not part of the Oder) Authority under which Order is made: Act and section: Utilities Commission Act,

section 88 (3) Other (specify). 0031 AH-JU1J95 SIXTH FLOOR, 900 HOWE STREET, BOX VANCOUVER, B.C. VIM 2N3 CANADA web site: http://www.bcuc.com BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G-__-01 TELEPHONE: (804) 660-4700 BC TOLL FREE:: 1.800-663-1385 FACSIMILE: (804) 660-1102 IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996,

Chapter and An Application by Riverside Forest Products Limited for an Exemption from Certain Provisions of the Utilities Commission Act BEFORE: r Dr) T t F & _ , 2001 ) ORDER

WHEREAS: A. Riverside Forest Products Limited ("Riverside") owns and operates a lumber stud mill, plywood facility and log processing facility in Kelowna, British Columbia (collectively, the " Facilities" ) whose electricity load requirements are met by power service purchases from the City of Kelowna (the " City" ) and power generated from Riverside' s hog fuel fired generator located at the Facilities (the " Power Plant" ); and B.

Commencing in 1998, Riverside entered into discussions with West Kootenay Power Ltd. ("WKP") and the City regarding how Riverside could increase the Power Plant's generation capacity above its historical capacity of about MW and sell all electric energy generation above MW each hour (the "Incremental Power") to brokers or others for export; and C. The MW baseline is required to prevent harm to WKP and its customers; and D.

In 2000, Riverside undertook various modifications to the Power Plant including adding a second turbine generator which, when brought into service in May increased the Power Plant' s average generation capacity; and E. On May 29, 2001, Riverside applied to the British Columbia Utilities Commission (the "Commission") pursuant to

Section 88(3) of the Utilities Commission Act (the "Act") for an Order exempting Riverside from certain provisions of the Act in respect of the production and sale of: (

a) the Incremental Power to brokers or others for export outside of the province, to the City or to Powerex Corporation, B.C. Hydro or WKP for use outside of the City' s electrical service area; and (

b) that portion of the Power Plant' s initial average MW of generation that is not required by the Facilities to the City; and F. The Commission has considered Riverside' s application pursuant to

Section 88(3) of the Act. The Commission finds that the exclusion of the first MW of generation each hour from the definition of Incremental Power and the relatively constant production level associated with the generators will protect WKP and its customers from arbitrage with respect to the initial MW or other impacts. The Commission is satisfied that an Order exempting Riverside from certain sections of the Act subject to certain conditions properly conserves the public convenience and interest; and .../2 BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G-_-0 I G.

On , 200( , the approval of the Lieutenant Governor in Council was given to the said exemption by Order in Council No. , attached as Appendix A.

NOW THEREFORE the Commission orders as follows: 1. Pursuant to

Section 88(3) of the Act, the Commission exempts Riverside from the provisions of the Act, other than Part and

Section 99, in respect of the production and sale of the Incremental Power to brokers or others for export outside of the Province, to the City or to Powerex Corporation, B.C. Hydro or WKP for use outside of the City' s electrical service area. 2. Pursuant to

Section 88(3) of the Act, the Commission exempts the purchaser of the Incremental Power (the " Purchaser" ) from

Section of the Act in respect of the purchase of the Incremental Power if the Purchaser is not a Public Utility under the Act. 3. Pursuant to

Section 88(3) of the Act, the Commission exempts Riverside from the provisions of the Act, other than Part and

Section 99, in respect of the production and sale of that portion of the Power Plant' s initial MW of generation each hour that is not required by the Facilities to the City. 4. This Order is subject to the following conditions: (i). G. On , 200( , the approval of the Lieutenant Governor in Council was given to the said exemption by Order in Council No. , attached as Appendix A.

NOW THEREFORE the Commission orders as follows: Pursuant to

Section 88(3) of the Act, the Commission exempts Riverside from the provisions of the Act, other than Part and

Section 99, in respect of the production and sale of the Incremental Power to brokers or others for export outside of the Province, to the City or to Powerex Corporation, B.C. Hydro or WKP for use outside of the City' s electrical service area. Pursuant to

Section 88(3) of the Act, the Commission exempts the purchaser of the Incremental Power (the " Purchaser" ) from

Section of the Act in respect of the purchase of the Incremental Power if the Purchaser is not a Public Utility under the Act. Pursuant to

Section 88(3) of the Act, the Commission exempts Riverside from the provisions of the Act, other than Part and

Section 99, in respect of the production and sale of that portion of the Power Plant' s initial MW of generation each hour that is not required by the Facilities to the City. This Order is subject to the following conditions: This Order shall be effective on the date of this Order; and made by it; and made by it; and (iii). Riverside will install and maintain electrical metering to the satisfaction of WKP and the City. DATED at the City of Vancouver, in the Province of British Columbia, this day of August 2001. F BI-DRIER _____ . _... t.,,4 t....v.• i - i,d i eter U stergaard Order/Riverside Exemption

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 919/2001
Type	order_in_council
Volume / chapter	arc oic 0919 2001
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f692978f2e45580cf9524143921debf19cb59eb1

Source file is stored in the law ingest library (pdf).