Notice of hearing
Application 21148-A001: Application for an order directing FortisAlberta Inc. to remove
certain facilities and effect permanent disconnection
Sunset Shores RV Resort Inc.
Proceeding 21148
On December 8, 2015, the Commission received an application from Sunset Shores RV Resort
Inc. (Sunset Shores) requesting an order for the removal of certain facilities from property owned
by Sunset Shores and for the permanent disconnection of electricity services from FortisAlberta
Inc. (Fortis). Sunset Shores submitted that it had made arrangements to receive electric
distribution service and regulated rate option (RRO) service for its property from another
provider.
On December 9, 2015, the Commission issued a notice of application regarding this matter and
requested all persons seeking to participate in this proceeding to file a statement of intent to
participate (SIP) by December 23, 2015. The Commission received SIPs from:
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Fortis,
ATCO Electric Ltd., and
ATCO Gas North
After reviewing the submissions and filings of the parties, the Commission decided to hold a one
day hearing to allow parties to give final oral argument to address the legal issues associated with
the relief requested by Sunset Shores. To assist in its deliberations, and in addition to the
argument the parties choose to make, the Commission asks the parties to address the following
two specific issues in argument:
A. In its report on the Smart Grid Inquiry1, the Commission described the relationship
between distribution companies and REAs as follows:
In Alberta, the distribution of electricity is provided by investor-owned and municipal-owned
distribution utilities and rural electrification associations (REAs). REAs originated during the
late 1940s and 1950s. They began as farmer-owned co-operatives created in order to electrify the
farms of Alberta. The REAs still provide service to mainly rural Alberta. REA and distribution
company systems are intertwined in the REA service area74 and they work together to ensure
there is reliable service and no duplication of distribution lines and service.
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In Alberta, most rural areas are radial networks. A radial distribution line may serve both distribution entity and
REA customers and different parts of the same line may be owned by one or the other party.
1
Alberta Smart Grid Inquiry, Proceeding 598, Alberta utilities Commission, January 31, 2011, Page 20.
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The Commission asks parties to comment on whether the above description of the
relationship between distribution companies and REAs in Alberta remains accurate.
B. Section 10.1.4 of Fortis’s 2015 Terms and Conditions states:
10.1.4 If the Customer, or the Customer’s Retailer on behalf of the Customer, requests a
Permanent Disconnection of the Point of Service, the Customer billing for that service
will be finalized. At the discretion of FortisAlberta, the Facilities provided by
FortisAlberta may be removed, unless the Customer, or the Customer’s Retailer, agrees
to pay the Idle Service Charges as set forth in Section 10.1.2 in which case the request
will be deemed thereafter to be a De-Energize request. FortisAlberta reserves the right
to assess the Customer’s Retailer’s request for Permanent Disconnection and if the
request is determined by FortisAlberta to be improper (such as if the Customer agrees to
pay for Electric Distribution Service), to require the Retailer to correct the transaction. If
a Point of Service remains disconnected for greater than 12 months, it may be considered
by FortisAlberta to be a Permanent Disconnection. (emphasis added)
The Commission would like parties to address whether Fortis has the authority to
determine that a request from a customer is improper or if that discretion only extends to
a request from a customer’s retailer.
Schedule
On June 8, 2016, the Commission notified parties that it would proceed with establishing a
hearing process for Proceeding 21148.
The hearing will be held on Monday June 27, 2016 at 10:00 A.M. in the AUC’s Edmonton
hearing room located on the 12th floor of 10055 106 Street, Edmonton, Alberta. At this point, the
Commission does not contemplate further submissions after the hearing.
Additional information
Publicly available information regarding this proceeding is available through the AUC website at
www.auc.ab.ca by logging in to the eFiling System and entering Proceeding 21148. To receive
notification about this proceeding, please ensure you are registered as an observer in this
proceeding.
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If you have any questions with respect this application, please contact Kevin Thompson at 403592-4496 or by email at [email protected].
Issued on June 10, 2016.
The Alberta Utilities Commission
Douglas A. Larder, QC
General Counsel