FEI-FEVI 2010 EEC Report filed March 31, 2011 - FortisBC

(a) subsection (5) of this section does not apply with respect to that
expenditure, and
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(b) the commission must accept under subsection (3) the expenditure in the
expenditure schedule.”
1.2.2 The Long Term Resource Plan
The Commission Panel notes that, with respect to subsection 44.2 (5) (b) and subsection 44.2(6),
Terasen filed its consolidated 2008 Resource Plan (on behalf of TGI, TGVI and Terasen Gas
(Whistler) Inc.) on June 27, 2008, which was accepted as described in Order G‐194‐08 and its
accompanying Reasons. As noted in the Reasons, the Commission Panel specifically excluded any
consideration or determination with respect to whether the EEC expenditures included in the
instant Application were in the public interest. Accordingly, the Commission Panel considers that
subsection 5 of s. 44.2 is applicable to the Application, whereas subsection 44.2(6) is not.
1.2.3 ‘Cost effectiveness’ and the Demand Side Measures (DSM) Regulation
Subsection 44.2 (5)(d) requires the Commission to consider whether the EEC expenditures are “. . .
cost‐effective within the meaning prescribed by regulation, if any, . . .”.
On November 7, 2008, the Government issued Ministerial Order M271/2008 which attached B.C.
Reg. 326/2008 ‐ Demand‐Side Measures Regulation. Section 3 of the DSM Regulation deals with
the “adequacy” of a demand‐side measures “plan portfolio” and section 4 of the DSM Regulation
sets forth certain requirements with respect to the determination of whether such expenditures
are “cost effective”. Section 2 of the DSM Regulation provides that the regulation applies only to
‘the authority’ (BC Hydro) until June 1, 2009, at which time the regulation will become more
generally applicable. Accordingly the requirements of sections 3 and 4 are not applicable to
Terasen’s current EEC Application.