ECONOMIC DEVELOPMENT ELECTRICITY RATE ACT

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ECONOMIC DEVELOPMENT ELECTRICITY RATE ACT

[RSBC 1996] CHAPTER 104

[Updated to September 6, 2000]

*Contents*
Section
	1	Definitions
	2	Economic development rates for new or expanding facilities
	3	Terms of orders
	4	Customers outside area of authority
	5	Effect of economic development rates
	6	Power to make regulations

Definitions

1 In this Act:

"authority" means the British Columbia Hydro and Power Authority;

"customer" means a person who purchases electricity

(a) for the operation of a plant, or

(b) for economic activity,

in an amount that exceeds 35kW annually;

"economic development rate" means

(a) the rate that is payable to the authority for surplus electricity by a person in respect of whom an order is made under section 2, or

(b) the rate that is payable to a public utility for surplus electricity by a person in respect of whom an order is made under section 4;

"rate" has the same meaning as in the Utilities Commission Act;

"surplus electricity" means electricity that

(a) is surplus to the requirements of the authority to supply

(i) customers in the authority's service area, and

(ii) electricity in respect of which removal is permitted under the Utilities Commission Act, and

(b) is either

(i) produced at a hydroelectric generating facility owned by the authority, or

(ii) purchased by the authority from another source.

Economic development rates for new or expanding facilities

2 If a person proposes to construct or expand a plant or operations in the authority's service area that meets the purposes allowed by the regulations and that would, on completion, bring the person within the definition of "customer", the Lieutenant Governor in Council may,

(a) on the application of that person, and

(b) despite the authority's rate schedules,

order that a lower rate apply to the supply of surplus electricity to that person.

Terms of orders

3 An order under section 2 or 4 may contain terms and conditions that the Lieutenant Governor in Council considers are advisable, including terms and conditions

(a) setting the economic development rate for surplus electricity to be supplied,

(b) specifying the period during which the economic development rate is applicable, and

Customers outside area of authority

4 (1) Subject to the regulations, the Lieutenant Governor in Council may by order authorize the authority to dispose of electricity to another public utility in British Columbia to enable the public utility to supply the electricity to a person for the purpose of a plant or operations located in the service area of that public utility if that person would, if the plant or operation were located in the service area of the authority, be eligible for an order under section 2, and the Lieutenant Governor in Council may order that a lower rate than that required under the rate schedules of the public utility apply to the supply of the electricity to that person.

(2) If a municipality or regional district supplies electricity to customers within its own boundaries, an order may be made under subsection (1) in respect of that service as though the municipality or regional district were a public utility.

Effect of economic development rates

5 (1) If there is a conflict between the rate schedules of the authority and an order made under section 2 or 4 of this Act, the order prevails.

(2) An economic development rate that is payable in accordance with the terms of an order made under section 2 or 4 is applicable, despite sections 61 (3) and 63 of the Utilities Commission Act.

(3) The British Columbia Utilities Commission does not have jurisdiction under section 58 (1) and (2), 59 (4) or 64 (1) of the Utilities Commission Act in respect of an economic development rate.

(4) Economic development rates are lawful, enforceable and collectable and are not, for the purposes of the Utilities Commission Act, unjust, unreasonable, insufficient or unduly discriminatory, preferential, prejudicial or disadvantageous.

(5) Neither the authority nor another public utility is subject to Part 3 of the Utilities Commission Act with respect to any matter arising out of the supply of electricity with respect to which an order has been made under section 2 or 4, unless the Lieutenant Governor in Council by regulation orders that a provision of Part 3 of the Utilities Commission Act that the Lieutenant Governor in Council specifies applies with respect to that matter.

(6) If there is any conflict or inconsistency between

(a) an order made under section 4 (2), and

(b) section 363 [imposition of fees and charges] of the Local Government Act, or any bylaw under that section,

the order made under section 4 (2) prevails.

Power to make regulations

6 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations establishing qualifying criteria for persons applying for an order under section 2 or 4.