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"Point in Time" Regulation Content

Utilities Commission Act

Direction No. 7 to the British Columbia Utilities Commission

B.C. Reg. 28/2014

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Regulation February 14, 2019
Section 4 July 28, 2016
Section 9 July 15, 2015
Section 12 July 20, 2016

 Regulation BEFORE repealed by BC Reg 24/2019, effective February 14, 2019.

B.C. Reg. 28/2014
O.C. 97/2014
Deposited March 6, 2014

Utilities Commission Act

Direction No. 7 to the British Columbia Utilities Commission

[includes amendments up to B.C. Reg. 207/2016, July 28, 2016]

Definitions

1   In this direction:

"Act" means the Utilities Commission Act;

"asbestos remediation costs" means the costs that are subject to the asbestos remediation regulatory account;

"asbestos remediation regulatory account" means the regulatory account established under commission order G-7-13;

"base line rate change" means, for each of F2017, F2018 and F2019, the year-over-year increase in the authority's average rates that the commission determines it would have ordered but for section 9 (1) of this direction, expressed as a percentage;

"Burrard costs" means the costs incurred by the authority in F2014 or a later fiscal year arising from the decommissioning of those portions of Burrard Thermal that are not required for transmission support services, including, without limitation, employee retention costs incurred as a result of the decommissioning, costs incurred as penalties or damages that arise in consequence of the decommissioning, and the net increase in amortization expense in F2015 and F2016 arising from a commission order under section 15 of this direction;

"Burrard Thermal" has the same meaning as in the Clean Energy Act;

"California settlements" means the settlement of litigation between Powerex Corp. and various California parties arising from events and transactions in the California power market during 2000 and 2001, as approved by the Federal Energy Regulatory Commission (US) on October 4, 2013;

"debt" has the same meaning as in Heritage Special Directive No. HC1 to the British Columbia Hydro and Power Authority;

"deemed equity" means, for any fiscal year, the product obtained by multiplying the rate base relating to that year by 30%;

"deferral account rate rider" means the surcharge, expressed as a percentage, as set out in rate schedule 1901 of the authority;

"distributable surplus" has the same meaning as in Heritage Special Directive No. HC1 to the British Columbia Hydro and Power Authority;

"DSM regulatory account" means the regulatory account of the authority established under commission order G-55-95;

"F2014" means the authority's fiscal year commencing April 1, 2013 and ending March 31, 2014;

"F2015" means the authority's fiscal year commencing April 1, 2014 and ending March 31, 2015;

"F2016" means the authority's fiscal year commencing April 1, 2015 and ending March 31, 2016;

"F2017" means the authority's fiscal year commencing April 1, 2016 and ending March 31, 2017;

"F2018" means the authority's fiscal year commencing April 1, 2017 and ending March 31, 2018;

"F2019" means the authority's fiscal year commencing April 1, 2018 and ending March 31, 2019;

"First Nations settlements" means the settlement of litigation between the authority and the Tsay Keh Dene and Kwadacha First Nations, and the settlement of damages claims by the St'at'imc First Nation against the authority, as agreed to between the authority and the first nation on August 31, 2009, November 27, 2008 and May 10, 2011, respectively;

"government policy directive" means a directive in writing to the authority from the minister responsible for the administration of the Hydro and Power Authority Act;

"heritage contract" means the document attached as Appendix A to this direction;

"heritage deferral account" means the Heritage Payment Obligation Deferral Account established under commission order G-96-04 and the direction in section 4.5 of the reasons that accompany that order;

"heritage energy" has the same meaning as in the heritage contract;

"heritage payment obligation" has the same meaning as in the heritage contract;

"heritage resources" has the same meaning as in the heritage contract;

"non-current pension costs" means the costs that are subject to the non-current pension costs regulatory account;

"non-current pension costs regulatory account" means the regulatory account established under commission order G-16-09 and the direction in section 5.5.5 of the reasons that accompany that order;

"non-heritage deferral account" means the Non Heritage Deferral Account established under commission order G-96-04 and the direction in section 4.5 of the reasons that accompany that order;

"public awareness program" has the same meaning as in the Demand-Side Measures Regulation;

"rate base" means, in relation to a fiscal year of the authority, the amount determined in accordance with the following equation and notes:

RB = WCA + (A + B + C)/2 - (D + E + F)/2
where
RB=rate base;
WCA=working capital amount of $250 million;
A, B, D, E and F=the sum of an amount the authority forecasts will be listed as follows in the authority's audited financial statements at the end of the previous fiscal year and the amount the authority forecasts will be similarly listed at the end of the applicable fiscal year:
A is the amount listed as property, plant and equipment in service, less accumulated amortization;
B is the amount listed as intangible assets in service, less accumulated amortization;
D is the amount listed as contributions in aid of construction;
E is the amount listed as contributions arising from the Columbia River Treaty;
F is the amount listed as leased assets included in A, less accumulated amortization;
C=the sum of the balance the authority forecasts for DSM regulatory account at the beginning of the fiscal year and the balance the authority forecasts for the same account at the end of the fiscal year.
Notes:
1In determining rate base for a fiscal year, the amounts A, B and F must have subtracted from them any amount included in them that is an expenditure incurred by the authority on or after April 1, 2011, that the commission determines under the Act must not be recovered by the authority in rates.
2In determining rate base for a fiscal year, the amount D must have subtracted from it any amount included in it that is related to an expenditure referred to in note 1;

"rate smoothing regulatory account" means the regulatory account the commission must allow the authority to establish under section 7 (h) (i) of this direction;

"real property sales regulatory account" means the regulatory account the commission must allow the authority to establish under section 7 (h) (ii) of this direction;

"retail access program" has the same meaning as in commission order G-39-12;

"Rock Bay costs" means the costs of the authority in F2014 or a later fiscal year subject to the Rock Bay remediation regulatory account;

"Rock Bay remediation regulatory account" means the regulatory account established under commission order G-75-11;

"Rock Bay settlement" means the settlement of litigation between the authority and the Attorney General of Canada as concluded through the issuance of a consent dismissal order in favour of the authority on June 1, 2012;

"SMI regulatory account" means the regulatory account established under commission order G-64-09;

"specified demand-side measure" has the same meaning as in the Demand-Side Measures Regulation;

"trade income" means,

(a) for all of the authority's fiscal years except F2014, the greater of the following:

(i) the amount that is equal to the authority's consolidated net income, less the authority's net income, less the net income of the authority's subsidiaries except Powerex Corp., less the amount that the authority's consolidated net income changes due to foreign currency translation gains and losses on intercompany balances between the authority and Powerex Corp.;

(ii) zero, and

(b) for F2014, the amount that is equal to the authority's consolidated net income, less the authority's net income, less the net income of the authority's subsidiaries except Powerex Corp., less the amount that the authority's consolidated net income changes due to foreign currency transaction gains and losses on intercompany balances between the authority and Powerex Corp.;

"trade income deferral account" means the regulatory account established under commission order G-96-04 and the direction in section 4.6 of the reasons that accompany that order;

"transmission rate customers" means industrial or commercial customers of the authority who are eligible for service under rates designed by the commission under section 3 (1).

Application

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

Consideration in designing rates for transmission rate customers

3   (1) In designing rates for the authority's transmission rate customers, the commission must ensure that those rates are consistent with recommendations #8 to #15 inclusive in the commission's report and recommendations to the Lieutenant Governor in Council dated October 17, 2003.

(2) Without limiting subsection (1), the commission must ensure the following:

(a) the rates for the authority's transmission rate customers are subject to

(i) the terms and conditions found in Supplements 5 and 6 to the authority's tariff, and

(ii) any other terms and conditions the commission considers appropriate for those rates;

(b) customers who own multiple plants under common ownership may engage in load aggregation for energy, if each plant

(i) is in operation, and

(ii) meets the requirements to be a transmission rate customer that are set out in the authority's electric tariff, or is otherwise authorized by the commission to be treated as a transmission rate customer.

Basis for establishing authority revenue requirements

4   Subject to section 7, in regulating and setting rates for the authority, the commission must ensure that those rates allow the authority to collect sufficient revenue in each fiscal year to enable the authority to

(a) provide reliable electricity service,

(b) meet all of its debt service, tax and other financial obligations,

(c) comply with government policy directives, including, without limitation, government policy directives requiring the authority to construct, operate or extend a plant or system, and

(d) achieve an annual rate of return on deemed equity,

(i) for F2017, that would be necessary to yield a distributable surplus of $684 million,

(ii) for F2018, that would be necessary to yield a distributable surplus of $698 million, and

(iii) for F2019 and subsequent fiscal years, that would be necessary to yield a distributable surplus of $712 million.

[am. B.C. Reg. 207/2016.]

Determining the cost of energy

5   In setting the authority's rates, the commission

(a) must treat the heritage contract as if it were a legally binding agreement between 2 arms-length parties,

(b) must determine the energy required by the authority to meet its domestic service obligations and must determine the cost to the authority of the portion of that required energy that is in excess of the energy supplied under the heritage contract,

(c) may employ any mechanism, formula or other method authorized by section 60 (1) (b.1) of the Act, and

(d) unless a different mechanism, formula or method is employed under paragraph (c), must ensure that electricity used by the authority to meet its domestic service obligations is provided to customers on a cost-of-service basis.

Use of trade income in setting rates

6   In setting rates for the authority, the commission must include the net income of the authority's subsidiaries, assuming that the net income of Powerex Corp. equals trade income.

Regulatory accounts

7   When regulating and setting rates for the authority, the commission

(a) must allow the authority to continue to defer to the heritage deferral account the variances between the actual and forecast heritage payment obligation,

(b) must allow the authority to continue to defer to the trade income deferral account the variances between actual and forecast trade income,

(c) must, in regard to the non-heritage deferral account, allow the authority to

(i) continue to defer to that account the variances between actual and forecast cost of energy arising from differences between actual and forecast domestic customer load, and

(ii) defer to that account the Burrard costs,

(d) must, in regard to the DSM regulatory account, allow the authority to

(i) defer to that account the authority's costs arising from its development, implementation and administration of demand-side measures, including costs arising from specified demand-side measures and public awareness programs, and

(ii) amortize from that account in each fiscal year an amount equal to the sum of

(A) the amount amortized in the immediately preceding fiscal year less the amortization in that year associated with costs incurred more than 15 fiscal years prior to that year, and

(B) the product of the amount deferred to that account in the immediately preceding fiscal year and 1/15,

(e) must allow the authority to continue to defer to the Rock Bay remediation regulatory account the Rock Bay costs,

(f) must allow the authority to continue to defer to the asbestos remediation regulatory account the variances between actual and forecast asbestos remediation costs,

(g) must allow the authority to continue to defer to the non-current pension costs regulatory account the variances between actual and forecast non-current pension costs,

(h) must allow the authority to establish the following regulatory accounts:

(i) an account to defer for recovery in rates in future fiscal years of the authority those portions of the authority's allowed revenue requirement in a particular fiscal year that were not or are not to be recovered in rates in that particular fiscal year;

(ii) an account to defer the variances between the authority's actual and forecast real property gain/loss,

(i) must allow the following regulatory accounts to accrue interest in a fiscal year at the authority's weighted average cost of debt in that year:

(i) the first nations costs regulatory account;

(ii) the real property sales regulatory account,

(j) may allow the authority to establish one or more other regulatory accounts for other purposes, and

(k) subject to section 9 (1) of this direction, must set the authority's rates in such a way as to allow the regulatory accounts to be cleared from time to time and within a reasonable period.

Annual distributable surpluses allowed

8   When regulating and setting rates for the authority, the commission must ensure that those rates allow the authority to allocate annual distributable surpluses in the manner specified by the Lieutenant Governor in Council under section 4 of the BC Hydro Public Power Legacy and Heritage Contract Act or section 35 of the Hydro and Power Authority Act.

F2017, F2018 and F2019 rates

9   (1) When regulating and setting rates for the authority for F2017, F2018 and F2019, under sections 4, 5, 6, 7, 9 (2), 10 (3) and 11 of this direction, the commission must not allow the rates to increase by more than 4% in F2017, 3.5% in F2018 and 3% in F2019, on average, compared to the rates of the authority immediately before the increase.

(2) If the base line rate change exceeds 4% in F2017, 3.5% in F2018 or 3% in F2019, the commission must order the authority to defer to the rate smoothing regulatory account the amount that is determined by subtracting the amount in paragraph (b) from the amount in paragraph (a)

(a) the forecast revenue that the authority would have earned under a base line rate change, and

(b) the forecast revenue that the authority is expected to earn under this direction.

(3) In setting the authority's rates for F2017, F2018 and F2019 under sections 4, 5, 6, 7, 9 (2), 10 (3) and 11 of this direction, the commission must not set rates for the authority for the purpose of changing the revenue-cost ratio for a class of customers.

[am. B.C. Reg. 140/2015.]

Deferral account rate rider

10   (1) The commission must set the deferral account rate rider for F2015 and future fiscal years of the authority at 5%.

(2) The commission must not order any change to the deferral account rate rider, except on application by the authority.

(3) The commission must allow the authority, in regard to a fiscal year of the authority, to account for the forecast revenue from the deferral account rate rider as follows:

(i) a portion of the forecast revenue from the deferral account rate rider is to be accounted for as revenue in that fiscal year in accordance with equation 1 and the following table;

(ii) a portion of the forecast revenue from the deferral account rate rider is to be amortized from the forecast net balance of the heritage deferral account, the non-heritage deferral account and the trade income deferral account at the end of the immediately preceding fiscal year in accordance with equation 2 and the following table:

Equation 1: DARR(Rev) = DARR - (X/5) x DARR
Equation 2: DARR(DA) = (X/5) x DARR
where
DARR(Rev) = the portion of forecast revenue from the deferral account rate rider in the applicable fiscal year of the authority that is to be accounted for as revenue;
DARR(DA) = the portion of forecast revenue from the deferral account rate rider in the applicable fiscal year of the authority that is to be amortized from the net balance of the heritage deferral account, the non-heritage deferral account and the trade income deferral account at the end of the immediately preceding fiscal year;
DARR = forecast revenue from the deferral account rate rider in the applicable fiscal year of the authority;
X = the number in column X of the following table that corresponds to the forecast net balances of the heritage deferral account, the non-heritage deferral account and the trade income deferral account at the end of the immediately preceding fiscal year that is between the values shown in columns A and B of the following table:
Table
A ($ million)B ($ million)X
< -500-500-5.0
-500-450-4.5
-450-400-4.0
-400-350-3.5
-350-300-3.0
-300-250-2.5
-250-200-2.0
-200-150-1.5
-150-100-1.0
-100-50-0.5
-5000.0
0500.0
501000.5
1001501.0
1502001.5
2002502.0
2503002.5
3003503.0
3504003.5
4004504.0
4505004.5
500> 5005.0

(iii) the portion of forecast revenue from the deferral account rate rider in the applicable fiscal year of the authority that is amortized from the net balance of the heritage deferral account, the non-heritage deferral account and the trade income deferral account at the end of the immediately preceding fiscal year must be amortized from the respective balances of those accounts in proportion to the ratios of the balances of those accounts to the net balance of all 3.

Commission reviews

11   When setting rates for the authority under the Act, the commission must not disallow for any reason the recovery in rates of the costs that were incurred by the authority or Powerex Corp. in consequence of decisions of either with respect to

(a) the construction of extensions to the authority's plant or system that come into service before F2017,

(b) energy supply contracts entered into before F2017,

(c) the Rock Bay settlement,

(d) the First Nations settlements,

(e) the California settlements,

(f) the Burrard costs, and

(g) the costs deferred to the SMI regulatory account.

Expenditures for export

12   The commission must refrain from performing its duty under section 4 (5) of the Clean Energy Act when setting rates for the authority for F2014, F2015, F2016, F2017, F2018 and F2019.

[am. B.C. Reg. 197/2016.]

Powerex Corp.

13   The commission may not exercise any power under Part 3 of the Act in regard to the gas and electricity trading activities of Powerex Corp.

Retail access

14   (1) By March 23, 2014, the commission must issue orders as follows:

(a) the commission must accept a withdrawal by the authority of any obligation to offer unbundled transmission services under the authority's open access transmission tariff to retail customers in British Columbia, and a withdrawal of any obligation to offer such services to those who supply such customers;

(b) the commission must order the cancellation of the retail access program.

(2) Except on application by the authority, the commission must not set rates for the authority that would result in the direct or indirect provision of unbundled transmission services to retail customers in British Columbia, or to those who supply such customers.

Burrard Thermal

15   On application by the authority the commission must

(a) grant permission to the authority under section 41 of the Act to cease operating those portions of Burrard Thermal that are not required for transmission support services, and

(b) set depreciation rates for the classes of property, plant and equipment at Burrard Thermal as shown in Appendix B to this direction.

Rates

16   (1) The commission may not reconsider, vary or rescind the orders it issues under this direction or Direction No. 6 to the British Columbia Utilities Commission, except on application by the authority.

(2) For F2014, F2015 and F2016, the commission must not issue any orders in regard to the authority's regulatory accounts, except on application by the authority.

(3) In setting the authority's rates for F2015, F2016, F2017, F2018 and F2019, the commission must exercise its powers and perform its duties consistently with the orders it issues under Direction No. 6 to the British Columbia Utilities Commission, except on application by the authority.

(4) Nothing in this section prevents the commission from making determinations on applications made by the authority respecting revenue-cost ratios, rate design and regulatory accounts, including interim rate orders in regard to one or more of the authority's customers.

Appendix A — Heritage Contract

Definitions

1   In this Agreement:

"Agreement" means this Heritage Contract including Schedule A;

"Ancillary Service Requirements" means services necessary to deliver energy;

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

"BCH Distribution" means BC Hydro's distribution line-of-business;

"BCH Generation" means BC Hydro's generation line-of-business;

"Commission" means the British Columbia Utilities Commission;

"heritage electricity" means the capacity, energy and ancillary services that BCH Generation is required to supply to BCH Distribution under this Agreement;

"heritage energy" means

(a) subject to paragraph (b), 49 000 GW.h per year less the energy generated for delivery under the Skagit Valley Treaty, or

(b) the quantity of energy determined by the Commission under section 8 of this Agreement to be heritage energy;

"heritage payment obligation" means

(a) subject to paragraph (b), the annual payment determined in accordance with the procedure set out in Schedule A to this Agreement, or

(b) the annual payment determined by the Commission under section 8 of this Agreement to be the heritage payment obligation;

"heritage resources" means the Electric Facilities and Thermal Facilities described in Schedule A to the Terms of Reference, together with

(a) the related civil works and plant, and

(b) potential future investments that increase the capacity, energy or ancillary service capability of such facilities, including potential future units 5 and 6 at Mica and potential future units 5 and 6 at Revelstoke;

"Order" means an order of the Commission;

"Terms of Reference" means Schedule A, Terms of Reference, to Order in Council 253/2003;

"Transfer Pricing Agreement" means the Transfer Pricing Agreement for Electricity and Gas dated April 1, 2003 between BC Hydro and Powerex Corp. as amended from time to time;

"Year" means fiscal year.

Electricity supply

2   BCH Generation must provide the full capacity of the heritage resources to BCH Distribution on a priority call basis.

Obligation to supply

3   BCH Generation must supply to BCH Distribution, in each Year, the heritage energy or such lesser amount of energy as may be required by BCH Distribution.

Obligation to deliver

4   BCH Generation will deliver the heritage energy to BCH Distribution at the various points of interconnection of the generating stations included in the heritage resources with the BC Hydro transmission grid or at points of interconnection with other utilities, as appropriate.

Responsibility for obtaining transmission services

5   BCH Distribution will be responsible for obtaining transmission services for energy provided to BCH Distribution.

Ancillary services

6   The parties may use the capacity available to them under section 2 to deliver energy to meet customer demand and to satisfy the parties' Ancillary Service Requirements, regardless of whether provision for self-supply is made under any tariff.

Payment

7   BCH Distribution must, on or before the end of each Year, pay to BCH Generation an amount equal to the heritage payment obligation.

Adjustment

8   The parties acknowledge that

(a) the Commission may, by Order, modify one or both of the definitions of "heritage energy" and "heritage payment obligation" if the Commission is satisfied that a change in circumstances has permanently affected

(i) the capability of the heritage resources to provide one or both of capacity and energy, or

(ii) the authority's cost of generating the heritage energy, and

(b) any such modification will automatically modify the heritage energy or the heritage payment obligation, as the case may be, without further action by the parties.

Information exchange and cooperation

9   Each party will continue to freely provide the other with any requested information to facilitate the coordinated and optimal operation of the BC Hydro system.

Dispute resolution

10   (1) The parties will make reasonable efforts to resolve disputes arising in relation to this Agreement at the staff level.

(2) As needed, issues may be dealt with by management levels within each party to achieve timely resolution.

(3) Issues that cannot be resolved in a timely manner at senior management levels may be referred by either party to the commission for resolution.

Term

11   This Agreement commenced on April 1, 2004.

Schedule A to Appendix A — Heritage Payment Obligation

1   The heritage payment obligation for any Year is the amount determined by

(a) adding those of the following costs incurred by BCH Generation in the Year that the Commission orders may be included in the heritage payment obligation:

(i) cost of energy such as the cost of water rentals and energy purchases, including purchases of gas and electricity, required to supply heritage electricity;

(ii) operating costs such as the costs of operating and maintaining the heritage resources, including an allocation of corporate costs;

(iii) all costs of owning the heritage resources, including, without limitation, depreciation, interest, finance charges and other asset related expenses;

(iv) all costs or payments related to generation-related transmission access required by the heritage resources, and

(b) subtracting from the sum obtained under paragraph (a) any revenues BCH Generation receives from other services provided from the heritage resources, including, without limitation,

(i) revenues related to Skagit Valley Treaty obligations,

(ii) revenues from provision of ancillary services to the transmission operator in respect of third party use of the transmission system, and

(iii) revenues from the sale of surplus hydro electricity under section 5 of the Transfer Pricing Agreement.

Appendix B — Burrard Depreciation Rates

Class of Property, Plant and
Equipment at Burrard Thermal
F2015 Depreciation Rate
(%/year)
F2016 Depreciation Rate
(%/year)
C12101 Tracks, Railway100.0%N/A
C12401 Drainage System Yard9.1%10.0%
C21901 Roofs9.1%10.0%
C22001 Plant Concrete Steel15.8%18.8%
C22002 Comm Concrete Steel9.1%10.0%
C22005 Building, Comp Pool9.1%10.0%
C22006 Equipment Shelter19.0%23.5%
C22009 Building-HVAC Sys&Cp10.1%11.1%
C22101 Off Trailer/Mob Home9.3%10.0%
C23801 Cranes9.1%10.0%
C24402 Ramp, Boat/Barge85.7%100.0%
C25101 Structure Supp Steel9.1%10.0%
C25301 Foundations9.1%10.0%
C25401 Ducts & Trenches9.1%10.0%
C25601 Barriers & Enclos20.0%25.0%
C30101 Casing, Boiler50.0%100.0%
C30102 Insulation, Boiler14.3%16.7%
C30103 Roof, Boiler50.0%100.0%
C30203 Superheater HighTemp50.0%100.0%
C30204 Superheater Low Temp54.5%100.0%
C30205 Reheater, Boiler50.0%100.0%
C30301 Header / Drum50.3%100.0%
C30401 Valves, Safety14.5%17.0%
C30501 Piping, High Press33.4%41.5%
C30601 Fan, Forced Draft50.0%100.0%
C30602 Breaching / Flue Sys54.5%100.0%
C30603 Stack, Flue Gases50.0%100.0%
C30605 Burner, Fuel50.0%100.0%
C30606 Instrument, Boiler51.3%98.6%
C30607 DNU — Asbe Abatement9.1%10.0%
C30611 Desuperheater System50.0%100.0%
C30612 Refractory, Boiler54.5%100.0%
C30613 Boiler, Package54.5%100.0%
C30701 Equip, Water Treat50.0%100.0%
C30801 Transfer Sys Ammonia92.3%100.0%
C30802 Water Sys Ammonia92.3%100.0%
C30803 Vapouriser, Ammonia92.3%100.0%
C30804 Comp Vapour, Ammonia92.3%100.0%
C30805 Piping Sys, Ammonia50.0%100.0%
C30901 Monitor Equip, Cem54.5%100.0%
C30903 Deliver Sys, Ammonia55.5%100.0%
C31001 Water Intk/DisStruct9.1%10.0%
C31002 Protection, Cathodic9.1%10.0%
C31003 Gates, Inlet/Outlet9.1%10.0%
C31005 Conduit, Intake/Disc9.1%10.0%
C33001 Heat Exch, Shell Tube50.0%100.0%
C33002 Pump And Motor50.0%100.0%
C33004 Condenser, Boiler50.0%100.0%
C34004 Turbine, Comp Pool22.2%28.5%
C34005 Coils, Stator9.3%10.3%
C34006 Rotor, Generator9.1%10.0%
C34007 Generator, Comp Pool28.6%40.1%
C34008 Supervisory Sys Turb70.9%55.8%
C34009 Cooling Sys Hydrogen15.8%18.7%
C34015 Turbine Blades Sets31.7%46.4%
C42004 Major Maint.-Rewedge25.3%33.8%
C42102 Exciter, Static42.7%74.6%
C46701 Heat Exchanger50.0%100.0%
C47201 Turbine, Gas50.0%100.0%
C47202 Major Maint.-Gas Tur80.0%100.0%
C48003 Generator, Composite29.7%42.3%
C48004 Generator, Diesel25.8%34.8%
C49001 Pump44.4%77.8%
C49002 Motor12.3%14.1%
C51001 Condensor, SyncRotary9.1%10.0%
C52104 Transformer, <100Mva50.0%100.0%
C52105 Transformer, Stn Ser10.5%10.0%
C52302 Reactor, Dry Type99.9%100.0%
C52405 Transformer, Curr, Com35.3%54.6%
C52504 Trans, Volt, Encaps.9.1%10.0%
C54101 Breaker, Air/Magnetic9.1%10.0%
C54201 Use Ind Disconnect20.0%25.0%
C55401 Buswork & StnConduct9.1%10.0%
C55501 Grounding Systems9.1%10.0%
C56001 Insulators9.1%10.0%
C59001 Power Supp Uninterr39.4%65.1%
C59101 Regulator FeederCirc9.1%10.0%
C59201 Charger System, Batt13.3%15.3%
C61001 Fencing9.1%10.0%
C61101 Alarm/Security Sys9.1%10.0%
C62001 Fire Protection Sys12.0%13.6%
C62501 Firefighting Equip33.3%50.0%
C65001 Panels/Cubicles, P&C13.0%14.9%
C67003 Contain Fac, Concret9.1%10.0%
C67005 Oil Spill Containmen9.1%10.0%
C68202 Term Unit, Rem(Slave)23.1%30.0%
C68204 Distributed Ctrl Sys30.4%42.9%
C68301 Radio, MW, Analog9.1%10.0%
C68901 Tele Equip, Pbx/Pax100.0%N/A
C70104 Instrumentation-Digi9.1%10.0%
C74001 Motor-Generator Sets92.3%100.0%
C75104 Compressor, Air18.3%21.3%
C75201 Tanks, Steel, Air/Fuel9.1%10.0%
C75202 Tank, Fibrglas, DblB9.1%10.0%
C75301 Water Supply System9.1%10.0%
C82504 Loader/Backhoe8.3%9.0%
C82513 Manlift66.7%100.0%
C82550 Tools/Work EquipMisc12.3%14.0%
C82551 DNU — Tools/Work Equ21.7%27.1%
C82601 Test/Calibration43.9%73.2%
C82603 Manufacturing/Test24.4%12.5%
C88002 Lab Equipment, Misc30.8%27.3%

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

 Section 4 (d) BEFORE amended by BC Reg 207/2016, effective July 28, 2016.

(d) achieve an annual rate of return on deemed equity

(i) for F2015, F2016 and F2017, that is equal to 11.84%,

(ii) for F2018 and subsequent fiscal years the annual rate of return on deemed equity that would be necessary to yield a distributable surplus in the applicable fiscal year equal to the product of

(A) the distributable surplus in the immediately preceding fiscal year, and

(B) 100% plus the percentage change in the British Columbia consumer price index in the applicable fiscal year.

 Section 9 (3) was added by BC Reg 140/2015, effective July 15, 2015.

 Section 12 BEFORE amended by BC Reg 197/2016, effective July 20, 2016.

Expenditures for export

12   The commission must refrain from performing its duty under section 4 (5) of the Clean Energy Act when setting rates for the authority for F2014, F2015, F2016, F2017 and F2018.