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B.C. Reg. 203/2013
O.C. 391/2013
Deposited September 25, 2013
This archived regulation consolidation is current to August 26, 2014 and includes changes enacted and in force by that date. For the most current information, click here.

Utilities Commission Act

Direction No. 4 to the British Columbia Utilities Commission

Note: Check the Cumulative Regulation Bulletin 2013 and 2014
for any non-consolidated amendments to this regulation that may be in effect.

Contents
1Definitions
2Application
3Rates
4Commission's powers
Appendix

Definitions

1  In this direction:

"Act" means the Utilities Commission Act ;

"applicable customer" means a residential customer of the authority who receives services from the authority at an applicable premises;

"applicable premises" means a building, structure or equipment of a customer if the building, structure or equipment is connected to the electric distribution system and has an electricity meter;

"electricity balance analysis" has the same meaning as in the Smart Meters and Smart Grid Regulation, B.C. Reg. 368/2010;

"failed installation costs" means costs related to attendance at a premises to install a legacy meter, radio-off meter or smart meter where installation is not carried out because of either an objection made by a customer or an obstruction;

"infrastructure costs" means costs related to the installation and operation of communications infrastructure in areas where the installation of one or more legacy meters or radio-off meters hinders or would hinder the transmission of information among smart meters;

"investigation costs" means costs related to investigating and identifying the location of unmetered loads referred to in section 4 (1) (a) (iv) of the Smart Meters and Smart Grid Regulation, B.C. Reg. 368/2010, in areas where the installation of one or more legacy meters reduces or would reduce the accuracy of electricity balance analyses performed to estimate the extent and location of those loads;

"legacy meter" means an electricity meter, other than a smart meter or a radio-off meter, that is of a type in use by the authority;

"program costs" means costs related to the installation and operation of, and services related to, legacy meters or radio-off meters at applicable premises, including, without limiting this, costs related to

(a) computer hardware and software systems respecting the use and operation of legacy meters or radio-off meters,

(b) the conversion of radio-off meters into smart meters for future customers, and

(c) attendance at an applicable premises to install a legacy meter or radio-off meter;

"radio-off meter" means a smart meter adjusted so that the meter's components that transmit data by radio are deactivated;

"smart meter" means a meter that

(a) meets the requirements set out in section 2 of the Smart Meters and Smart Grid Regulation, B.C. Reg. 368/2010, and

(b) has components that transmit data by radio and those components are activated.

Application

2  This direction is issued to the commission under section 3 of the Act.

Rates

3  (1) In setting rates under the Act for the authority, the commission must ensure that the rates allow the authority to collect sufficient revenue in each fiscal year to enable it to recover the following costs from the following customers:

(a) program costs, investigation costs and infrastructure costs from

(i) applicable customers at applicable premises where a legacy meter or radio-off meter is installed, to the extent that the authority requests recovery of any of those costs from these customers, and

(ii) all customers, to the extent that any of those costs are not recovered under subparagraph (i);

(b) from all customers, costs incurred with respect to the installation and operation of, and services related to, smart meters;

(c) failed installation costs from customers at a premises where a failed installation occurred.

(2) The commission must allow the authority to establish a regulatory account for the recovery of costs referred to in subsection (1) (a) (ii) and (1) (b) for the period from January 1, 2013, to March 31, 2014.

(3) Within 30 days of the date this direction comes into force, the commission must issue an order so that the Electric Tariff of the authority is amended by adding the provisions set out in the Appendix to this direction.

(4) The commission must not do anything to amend the provisions added to the Electric Tariff under subsection (3), except on application by the authority.

Commission's powers

4  (1) The commission must not exercise a power under the Act in a way that would directly or indirectly prevent the authority from installing, operating or providing services in respect of legacy meters, smart meters and radio-off meters.

(2) The commission must not require the authority to install a legacy meter or radio-off meter for

(a) a non-residential customer, or

(b) an applicable customer, if a smart meter is installed at the applicable premises of the applicable customer on or after the date this direction comes into force.

(3) Without limiting subsection (1) of this section, the commission must refrain from exercising its power under section 45 (5) of the Act to the extent to which the section is applicable with respect to the installation and operation of legacy meters, smart meters and radio-off meters.

Appendix

(section 3 (3))

Interpretation

The definitions in Direction No. 4 to the British Columbia Utilities Commission apply to sections 4.2.1 to 4.2.4 of this tariff.

4.2.1. Meter Types

BC Hydro's standard meter for measuring Electricity consumption and (if applicable) demand at a Customer's Premises is the Smart Meter. Except as set out in section 4.2.2, in all cases BC Hydro will install a Smart Meter at a Customer's Premises.

Notwithstanding the preceding paragraph, but subject to the conditions specified in section 4.2.2 being satisfied in each case, BC Hydro will permit to remain in operation, install, replace, maintain and service Legacy Meters and Radio-off Meters at a Residential Service Customer's Premises for the periods specified in sections 4.2.3 and 4.2.4.

4.2.2. Conditions for Retention or Installation of Legacy Meters and Radio-off Meters

The conditions that must be satisfied in order for BC Hydro to permit to remain in operation, install, replace, maintain and service Legacy Meters or Radio-off Meters at a Residential Service Customer's Premises are:

(a) the Customer is, as of the date of the Customer's election in accordance with clause (c) or deemed election in accordance with clause (d), taking Residential Service at the Customer's Premises;

(b) BC Hydro had not, before the date of the Customer's election in accordance with clause (c) or deemed election in accordance with clause (d), installed a Smart Meter at the Customer's Premises, but rather a Legacy Meter remained in place at those Premises as of the date of the Customer's election or deemed election; and

(c) the Customer, during the period beginning September 1, 2013 and ending December 1, 2013, by notice to BC Hydro, elects to retain the Legacy Meter then in place at the Customer's Premises, or to have a Radio-off Meter installed in place of the Legacy Meter; or

(d) the Customer, despite satisfactionof the conditions set out in clauses (a) and (b) has failed to provide notice of election to BC Hydro in accordance with clause (c), in which case the Customer shall be deemed to have electedeffective December 1, 2013, to retain the existing Legacy Meter at the Customer's Premises and the Customer shall thereafter pay the charges for having a Legacy Meter installed at the Customer's Premises as set out in the Schedule of Standard Charges.

4.2.3. Periods during which Legacy Meters May Remain in Place

If the conditions set out in section 4.2.2 have been satisfied, Residential Service Customers who have satisfied the conditions in section 4.2.3 and who have elected, or are deemed to have elected, to retain a Legacy Meter at the Customer's Premises may continue to have their Electricity consumption measured by the Legacy Meter for the periods, and subject to the conditions, specified below:

(a) A Customer who has elected, or is deemed to have elected, to retain a Legacy Meter can continue to retain the Legacy Meter until the seal of the meter expires, or the meter ceases to function properly, whichever comes first.

(b) If the seal of a Legacy Meter expires, or the meter ceases to function properly before the seal expiry date, BC Hydro will, so long as it has a suitable Legacy Meter in its meter inventory available for installation, install a replacement Legacy Meter at the Customer's Premises. A Customer for whom a replacement Legacy Meter has been installed in accordance with the preceding sentence can continue to retain the replacement Legacy Meter for the period specified in clause (a), and any replacement Legacy Meter so installed shall be subject to replacement in accordance with this clause (b) as the occasion arises. For purposes of this section, BC Hydro will only be deemed to have suitable replacement Legacy Meters in its meter inventory if it has existing verified and sealed Legacy Meters in its meter inventory as of the date that a Legacy Meter in place at a Customer's Premises requires replacement, and BC Hydro is under no obligation to repair, rebuild or modify, or re-verify and re-seal, any Legacy Meters that have been removed from service for any reason, nor to purchase or otherwise acquire from any source any Legacy Meters in replenishment of its Legacy Meter inventory.

(c) In any case where the seal of a Legacy Meter expires, or the meter ceases to function properly, and BC Hydro does not have a suitable Legacy Meter in its meter inventory available for installation, BC Hydro will install either a Smart Meter or a Radio-off Meter at the Customer's Premises, at the Customer's election. A Customer with a Legacy Meter installed at the Customer's Premises can also elect to have a Smart Meter or a Radio-off Meter installed in place of the Legacy Meter at any time. A Customer who elects to have a Smart Meter or a Radio-off Meter installed at the Customer's Premises cannot later change back to a Legacy Meter at the applicable Premises.

(d) A Customer with a Legacy Meter in place at the Customer's Premises who moves to another Premises for which the Customer is eligible to take Residential Service, can elect to have a Smart Meter or Radio-off Meter installed at the new Premises, but cannot retain or have installed a Legacy Meter at the new Premises. Except where a Customer who is eligible to elect to have either a Smart Meter or a Radio-off Meter installed in a new Premises moves into the vacated premises and elects to have a Radio-off Meter installed, the vacated Premises will in all cases have a Smart Meter installed.

(e) A Customer with a Legacy Meter in place whose service is terminated for any reason whatsoever ceases to be eligible to retain a Legacy Meter, and if that Customer again takes Residential Service at the same or another Premises the Customer can elect to have either a Smart Meter or a Radio-off Meter installed upon resumption of service.

(f) In any case where a Customer ceases to be eligible to have a Legacy Meter installed at the Customer's Premises, or BC Hydro no longer has suitable Legacy Meters available for installation at the Customer's Premises, and the Customer is required to elect to have either a Radio-off Meter or a Smart Meter installed instead, but the Customer refuses or fails to make an election within 10 days after BC Hydro has delivered written notice to the Customer's Premises notifying the Customer that he or she must elect either a Radio-off Meter or a Smart Meter, the Customer will be deemed to have elected to have a Radio-off Meter installed and the Customer shall pay the charges for having a Radio-off Meter installed at the Customer's Premises as set out in the Schedule of Standard Charges from the date of BC Hydro's installation of the replacement Radio-off Meter.

4.2.4. Periods during which Radio-off Meters May Remain in Place

If the conditions set out in section 4.2.2 have been satisfied, Residential Service Customers who have satisfied the conditions in section 4.2.2 and who have elected, or is deemed to have elected, to have a Radio-off Meter installed may continue to have their Electricity consumption measured by the Radio-off Meter for the periods, and subject to the conditions, specified below:

(a) A Customer who has elected,or is deemed to have elected, to have a Radio-off Meter installed can continue to retain the Radio-off Meter, and have a replacement Radio-off Meter installed from time to time as necessary, for so long as the Customer continues to take Residential Service at the Customer's Premises.

(b) A Customer with a Radio-off Meter in place at the Customer's Premises who moves to another Premises for which the Customer is eligible to take Residential Service, may elect to have a Smart Meter or a Radio-off Meter installed at the new Premises. Except where a Customer who is eligible to have either a Smart Meter or a Radio-off Meter installed in a new Premises moves into the vacated Premises and elects to have a Radio-off Meter installed, the vacated Premises will in all cases have a Smart Meter installed.

(c) A Customer with a Radio-off Meter in place whose service is terminated for any reason whatsoever, but who again takes Residential Service at the same or another premises may elect to have either a Smart Meter or a Radio-off Meter installed upon resumption of service.

[Provisions relevant to the enactment of this regulation: Utilities Commission Act , R.S.B.C. 1996, c. 473, section 3]