Compliance Filing – Rates
Application
The application was FortisAlberta Inc. (“Fortis”)’s compliance filing in response to the AUC’s directions in Decision 27067-D01-2022. In its filing, Fortis revised section 7.2.3 of its Customer Terms and Conditions of Electric Distribution Service (“T&Cs”) so that its streetlight investment was always paid to the municipality where the new residential development is located. Fortis contended that removing all language regarding a potential agreement between the developer and municipality from section 7.2.3 of the T&Cs reduced future disputes’ complexity and regulatory burden.
Decision
The AUC determined that Fortis did not comply with all directions in the decision since its compliance filing did not include clear directions on the form of agreement required for its streetlight investment to be assigned to a party other than the municipality, as directed by the AUC. In addition, Fortis’ proposed T&Cs did not allow for the possibility that parties other than the municipality could receive its streetlight investment, contrary to directions 1 and 3 of Decision 27067-D01-2022. The AUC, however, did not require Fortis to submit another compliance filing since the AUC decided to hear issues concerning streetlight investment, on a province-wide basis, in Proceeding 27658.
Applicable Legislation
Alberta Utilities Commission Act, SA 2007, c A-37.2.
Pertinent Issues
On September 28, 2022, the AUC provided notice that it was initiating Proceeding 27658 on residential standards of service and maximum investment levels (“MILs”). On February 9, 2023, the AUC issued its final issues list in Proceeding 27658 and determined that it will consider entitlement to electric distributors’ streetlight investment. The final issues list in that proceeding includes whether MILs should be subject to the same principles as MILs for residential development and who should be entitled to streetlighting MILs.
Proceeding 27658 was incomplete at the time of this decision. It was unclear if it would result in province-wide standardization of streetlight investment for new residential development through electric distribution owners’ T&Cs. To avoid inefficient consideration of one issue in multiple proceedings, the AUC relieved Fortis of the requirement to submit a further compliance filing under s 8(5)(d) of the Alberta Utilities Commission Act.
The AUC found that Fortis has complied with Direction 2 of Decision 27067-D01-2022 and relieved Fortis from complying with directions 1 and 3 and paragraph 23(2) of Decision 27067-D01-2022.
