LAWSON LUNDELLBARRISTERS AND SOLICITORS

1600 Cathedral Place

925 West Georgia Street

Vancower, British Columbia

Canada V6C 3L2

April 8, 2004

DELIVERED

Telephone 604.685.3456

Facsimile 604.669:120

wwJawsonlundell.com

C. Utilities Commssion6th Floor900 Howe StreetVancouver, B.V6Z 2N3

Direc Una: (604) 631-9115

jchrist JawsonJundll.

Attention: Robert 1. Pellatt, Commssion Secretar

Dear Mr. Pellatt:

Re: BC Hydro Energy Supply Contract Filng

Pusuant to section 71 of the U#,lities Commission Act (the Act) and the CommssionRules regarding Electrcity Supply Contracts (the Rules), BC Hydro is pleased to enclosefor filig with the Commssion the following electrcity purchase agreements (theAgreements), and amendments thereto:

AsbIu Creek Ledcor Power Inc.

Bear Hydro Regional Power Inc.

Berkey Creek Prnceton Energy lnc.

China Creek Hupacasath Indian Band

Cypress Creek Synex Energy Resources Ltd.

Forrest Kerr Coast Mountai Hydro Corp.

Holberg Wind Energy Stothert Power Corp. and Global Renewable EnergyParers Inc.

Hunter Creek Prnceton Energy Inc.

VANCOUVER"" CALGARY"' YElLOWKNIFE

Page 2

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

Mkw ' alts / Cloudworks Energy Limited Parership

10.

11.

Pierce Creek / Larson Fars Inc.

South Cranberr Creek Advanced Energy Systems 1 Limted Parership

Spuzzum Creek Interpac Resources Ltd.

Ucona River / Regional Power Inc. and Ucona River Power Inc.

Vancouver Landfll Gas Utilization - Phase 2/ Maxm Power (B. ) Inc.

Zeballos Lake / Pacific Rim Power Corp.

Enterprise Creek Enterprise Hydro Inc.

Fitzsimmons Creek / Fitzsimmons Hydro Electrc Project Inc.

Kltsa Creek / Klitsa Creek Hydro Inc.

Long Lake / Premier Power Corp. and Regional Power Inc.

Maron 3 Creek / Maron Creek Hydro Inc.

Siwash Creek / Morehead Valley Hydro Inc.

South Sutton Creek South Sutton Creek Hydro Inc.

Tete (Hauer) Creek / Lorenz Holdings

Tsable River / Tsable River Hydro Power Limted Parership

With the exception of item 16 (Enterprise Creek), BC Hydro is also filg theAgreements on behal of the counterpares to them.

With ths filing BC Hydro has now filed all the electrcity purchase agreements to whichit is a pary, except those exempted frm filig puruant to an order under section 22 ofthe Act. Because the Agreements are subject to review in the context of theCommssion s consideration of BC Hydro s Resource Expenditue and Acquisition Plan,BC Hydro believes that no public hearng into the Agreements pursuant to section 71 ofthe Act is necessar or desirable. BC Hydro and the counterpares to the Agreements request that puruantto section 1.of the Rules the Agreements and Appendix A be kept confdential.

BC Hydro will also be providing copies of ths letter to intervenors and parcipants in thecurrent revenue requirement proceeding.

Page 3

Finally, BC Hydro also takes the opportnity to file thee additional amendments to theMcNair Creek agreement (item " I" in BC Hydro s Januar 13 filing).

JC/salEnc.cc. Counterparies to Agreements, w/out Appendix A or enclosures

Renewable Power Corporation w/out Appendix A or enclosuresClient, w/Appendix A and enclosures

LAWSON LUNDELLBARRISTERS AND SOLICITORS

1600 Cathedral Place

925 West Georgia Street

Vancouver, British Columbia

Januar 13 2004

Canada V6C 312

Telephone 604.685.3456

Facsimile 604.669.1620

DELIVRED ww. lawsanlundel1.cam

C. Utilities Commssion6th Floor, 900 Howe StreetBox 250Vancouver, B.V6Z 2N3

Attention: Robert J. Pellatt, Commssion Secretar

Dear Mr. Pellatt:

Re: BC Hydro Energy Supply Contract FilgPusuant to section 71 of the Utilties Commission Act (the Act) and the CommssionRules regarding Electrcity Supply Contracts (the Rules), BC Hydro is pleased to file forapproval the following electrcity purchase agreements (the Agreements):

McNai Creek Hydro / Renewable Power Corporation (including two amendmentsto the original agreement)

Mear Creek Project / Synex Energy Resources (includig one amendment to theorigial agreement)

Rutherford Creek Hydro Project / Rutherford Creek Power Ltd.

Upper Mamquam Project / Canadian Hydro Developers

BC Hydro is filing the Agreements on behalf of itself and on behalf of the counterparesto them.

Information regarding the Agreements required by paragraph 1.4 of the Rules is attached'as Appendix A to ths letter.

VANCOUVER '" CALGARY '" YELLOWKNIFE

Page 2

As with the energy supply agreements filed under cover of letter dated October 21 2003the Agreements were all entered into in good faith before May 29 2003 when thedefInition of "energy supply contract" in the Act changed and brought them withn thescope of section 71. Because the circumstaces of these agreements are the same as thecircumstaces of the October 21 agreements, BC Hydro believes that no public hearnginto the Agreements is necessar or desirable. It has provided an explanation of theprices paid under the Agreements in its revenue requirements application filed December15, and wil make witnesses available at the oral hearng of ,that application to providefuer inormation.

As with the October 21 filing, BC Hydro and the counterpares to the Agreementsrequest that puruant to section 1.9 of the Rules the Agreements and Appendi A be keptconfdential.

BC Hydro wil also be providing copies of ths letter to intervenors and parcipants in therevenue requiement proceedg, consistent with the Commssion s request regardig theOctober 21 filig letter.

Finally, BC Hydro also taes the opportty to file amendments to two of the October 21agreements, being the Artrong Wood Waste Co-Gen Project and the Fun CreekProject (numbered 5 and 9, respectively, in the October 21 letter). Again, BC Hydrorequests that these amending agreements be kept confdential.

Your very trly

JC/salEnc.cc. Counterpares to Agreements, w/out Appendix A or enclosures

Fury Creek Power Ltd. w/out Appendi A or enclosuresRF Power Ltd. w/out Appendix A or enclosuresOient wI Appendix A and enclosures

COL.u

ROBERT J. PELLATTCOMMISSION SECRETARY

Commission. Secretary bCtic.comweb site: htt://www.bctic.com

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SIXTH FLOOR , 900 HOWE STREET , BOX 250VANCOUVER, B.C. CANADA V6Z 2N3

TELEPHONE: (604) 660-4700BC TOLL FREE: 1-800-663- 1385

FACSIMILE: (604) 660- 1102

Log No. 5015

VIA FACSIMILE604-623-4407 March 17 , 2004

Mr. Richard StoutChief Regulatory OffcerBritish Columbia Hydro and Power Authority

th Floor, 333 Dunsmuir StreetVancouver, B.C. V6B 5R3

Dear Mr. Stout:

Re: British Columbia Hydro and Power AuthorityEnergy Supply Contract Filng

This is in response to B.C. Hydro s filing through Lawson Lundell of January 13 , 2004. Attached is Order

No. E- 04 accepting the four Contracts (with Addendums) and two Addendums listed in that letter as fied as

energy supply contracts pursuant to Section 71 of the Utilties Commission Act. In addition, the Commission

requires that B.C. Hydro to provide a copy of this Order and the Lawson Lundell application letter of January 13

2004 to all interested parties and registered intervenors to the B.C. Hydro Revenue Requirements public hearing

process.

Yours truly,

Robert J. Pellatt

RWRlcmsAttachment

BCH/Cor/Energy Supply Contract Filng#2

BRITISH COLUMBIAUTILITIES COMMISSION

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Cl ORDER

NUMBER

SIXTH FLOOR, 900 HOWE STREET, BOX 250VANCOUVER, B.C. V6Z 2N3 CANADA

web site: http:/(www.bcuc.com

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TELEPHONE: (604) 660-4700BC TOLL FREE: 1-800-663- 1385

FACSIMILE: (604) 660- 1102

IN THE MATTER OFthe Utilties Commission Act, R.S. C. 1996 , Chapter 473

and

An Application by British Columbia Hydro and Power Authorityfor Approval of

Electricity Purchase Agreements and Amending Agreements betweenBritish Columbia Hydro and Power Authority and

Renewable Power Corporation (McNair Creek Hydro)Synex Energy Resources (Mears Creek)Rutherford Creek Power Ltd. (Rutherford Creek Hydro Project)Canadian Hydro Developers Inc. (Upper Mamquam Project)RFP Power Ltd. (Armstrong Wood Waste Co-gen Project)Furry Creek Power Ltd. (Furry Creek Project)

BEFORE: H. Hobbs, ChairL.A. Boychuk, Commissioner March 17 , 2004

ORDERWHEREAS:

A. Pursuant to Section 71 of the Utilities Commission Act, British Columbia Hydro and Power Authority ("Hydro ) fied Electricity Purchase Agreements with the Commission on January 13 , 2004 , for the supply ofelectricity with the following companies:

Renewable Power Corporation for electricity from the McNair Creek Hydro Project (including twoamending agreements);

Synex Energy Resources for electricity from the Mears Creek (formerly ZZ Creek) Hydro Project(including one amending agreement);

Rutherford Creek Power Ltd. for electricity from the Rutherford Creek Hydro Project;

Canadian Hydro Developers Inc. for electricity from the Upper Mamquam River Hydro Project; and

B. On January 13 , 2004, BC Hydro also filed amending agreements for the following Electricity PurchaseAgreements previously approved by Commission Order No. E- l 0-03:

RFP Power Ltd. , for electricity from the Armstrong Wood Waste Cogeneration project;

. . ./2

BRITISH COLUMBIAUTILITIES COMMISSION

ORDERNUMBER

Furr Creek Power Ltd., for electricity from the Furry Creek small hydro project, collectively theAgreements ; and

C. The Agreements have been negotiated with the companies pursuant to BC Hydro s August 24 2001 , requestfor proposals for projects under 40 GW.h and a 2001 request for proposals for green energy over 40 GW.and

D. BC Hydro advises that the Agreements were entered into in good faith before or shortly after May 29 , 2003when the definition of "energy supply contract" was amended in the Utilties Commission Act; and

E. BC Hydro has requested that for competitive reasons the Commission keep the Agreements confidential; and

F. The Commission has considered the Agreements and has considered the execution dates of the Agreementsin the context of the changes to the Utilties Commission Act and the request ofBC Hydro.

NOW THEREFORE the Commission orders as follows:

1. The Agreements are accepted as fied as energy supply contracts pursuant to Section 71 of the UtilitiesCommission Act.

2. The Commission wil hold the Agreements confidential at this time.

DATED at the City of Vancouver, in the Province of British Columbia, this day of March 2004.

BY ORDER

/ /fRobert H. HobbsChair

Order/BCH/Electricity Purchase Agreements

LAWSON LUNDELLBARRiSTERS AND SOLICITORS

1600 Colhedrol Ploc0

925 We.l Georgia $((eet

Vancouver, 8(jlsh Columbia

Conoda V6C 3L2

Telephon 604.685.3456

Fcc.imlle 604.669.1620October 21, 2003

DELIVRED www. low$oniundell.com

C. Utilities Commssion6th Floor, 900 Howe StreetBox 250Vancouver, B.V6Z 2N3

Attention: Robert J. Pellatt, Commssion Secretary

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Dear Mr. Pellatt:

Re: BC Hydro Energy Supply Contract Filing

Pusuant to section 71 of the Utilities Commission Act (the Act) and the CommssionRules regarding Electrcity Supply Contracts (the Rules), BC Hydro is pleased to file forapproval the following electrcity purchase agreements (the Agreements):

Eagle Lake C2 Micro Hydro / Pacific Cascade Hydro Inc.

Vancouver Landfil Gas Utization Max Power Corp

Raging River Small Hydro Ragig River Power and Mining Inc.

Pingston Creek / Canadian Hydro Developers Inc. & Pingston Creek LP

Anstrong Wood Waste Co-Gen / RFP Power

SEEGEN (Burnaby Incinerator) / Monteray Inc.

Hartland Landfill / Maxm Power Corp

Brandywine Creek Small Hydro / Rockford Energy Corp.

Furr Creek / Furry Creek Power Ltd.

VANCOUVER '" CALGARY "' YELLOWKNIFE

Page 2

With the exception of item #2, the Vancouver Landflll Gas Utilization agreement,BC Hydro is also' filng the Agreements on behalf of the counterpares to them.

Regarding itero #2, BC Hydro is advised that that agreement has aleady been filed with

the Commssion.

Inormation regarding the Agreements required by paragraph 1.4 of the Rules is attachedas Appendix A to this letter.

The Agreements were entered into in good faith before or shonly after May 29 2003. It

was on that date that the Act was amended to, among other thngs, broaden the definitionof "energy supply contract" . The effect of the amendment was to bring withn the scope

of section 71 of the Act contracts which previously were beyond its puriew, and to

oblige parties to those contracts to file them with the Commssion, including theAgreements filed with ths letter.

Additionally, deliveries of energy have commenced under 6 of the Agreements, and areimmnent under the remainder of the Agreements. Counterpares to the Agreements

have in each case aleady commtted funds and resources necessary to meet theircontractual obligations.

BC Hydro notes that both section 71 generally and paragraphs 1.3 and 1.6 of the Rulesspecifically alow for energy supply contracts to be flled and approved without a hearng.

Paragraph 1.6 of the Rules states that ' 'It is the Commssion s intention to avoidretroactive Orders . In these circumstances , BC Hydro and the counterparties on whosebehal it is filing believe that a hearng enquig furer into whether the Agreements are

in the public interest would be inappropriate, and that the Agreements ought to beaccepted and approved as filed fortwith. BC Hydro intends to provide infonnationregarding the reasonableness of the pricing provisions of the Agreements in its upcomigrevenue requirement hearng.

BC Hydro has entered into other agreements both prior to and since May 19 that are alsoenergy supply contracts , but under which sales of electrcity are not anticipated to

occur for some time. BC Hydro wil file those agreements with the Commssionsufficiently in advance of the commencement of sales under them in accordace with

paragraph 1. 1.2 of the Rules.

Finally, BC Hydro notes that the Agreements al contai confdentiality provisions.

Given that BC Hydro wil in general no longer be developing itS own resources butinstead wil be acquig new energy supplies from independent power producers , it is

evident that maintaning the confdentiality of the Agreements is necessary to allow BCHydro to continue to negotiate the most favourable terms and conditions. Moreover, the

counterpares to the Agreements are also desirous of keeping their respective contracts

Page 3

confidential. Accordingly, BC Hydro requests, pursuant to section 1.9 of the Rules , that

the Agreements and Appendix A be kept confdential.

Yours very trly,

ELL

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Ene.cc. Counterpanies to Agreements, w/out Appendix A or enclosures

Client, w/Appendi A 31cl eIlclosUIes

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ROBERT J. pELLATTCOMMISSION SIOCRETARY

Comrolssion. Secrclarl1bcuc.con\wob .llc: htt:/Iwww.bcuc. com

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SIXTH FLOOR. 900 HowE STREeT . BOX 250VANCOUVER, B.C. CANADA v6Z 2N3

Tf;LEPHONE: (604) 660-4700BC TOLL FREE: 1-800-653-1385FACSIMILE: (60) 660.1102

Log No. 4300

VI FACSIMILE December 24, 2003

Mr. Richard StoutChief Regulatory OffcerBritish Columbia Hydro and Power Authority17th Floor, 333 Dunsmuir StreetVancouver, B.C. Y6B 5R3

Dear Mr. Stout:

Re: British Columbia Hydro and Power AuthorityEnergy Supply Contract Filing

This is in response to B.C. Hydro s filing through Lawson Lundell of October 21 , 2003. Attached is Order

No. E- IO-03 accepting the nine Contracts listed in that letter as fied as energy supply contracts purSUaTt to

Section 71 of the Utilities Commission Act. In addition, the Commission requires that B.C. Hydro to provide a

copy of this Order and the Lawson Lundell application letter of October 21 , 2003 to all interested parties and

registered intervenors to the C. Hydro Revenue Requirements public hearing process.

Yours truly,

Robert J. :Pel1att

RWRJacAttachment

BCHfCorlEnergy Supply Contrct Filing

BRITISH COLUMBIAUTILITIES COMMISSION

s\- COLU

ORDERNUMBER 1O-

SIXTH FLOOR, HOWE STRE . BOX 250VANCOUVER, B.C. v6Z 21'3 CANADA

web site: hllp://W,,w.bcuc;. c;CIU

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TELEPHONE: (604) 660-4700BC TOLL FR.EE: \.800-66H3BS

FACSIMILE.: (604) 660- 1102

IN THE MATTER OFthe Utilities Commission Act, R. B.C. 1996, Chapter 473

and

An Application by British Columbia Hydro and Power Authority (BC Hydro)for Approval of

EJectricity Purchase. Agreements betWeen BC Hydro and;Pacific Cascade Hydro, Maxim Power Corp. (for Vancouver Landfill Gas Utilzation

project and for Hartland

Landfill project), Raging River Power and Mining Inc. , Canadian Hydro Developers Inc. & Pingston Creek LPRFP Power Ltd. , Montenay Inc., Rockford Energy Corp" and Funy Creek Power Ltd.

BEFORE: H. Hobbs, ChairL.A. Boychuk, CommissiOl1er

L.F. Kelsey, CommissiOl1erDecember 18 , 2003

ORDERWHEREAS:

A. Pursuant to Section 71 of the Utilties Commission Act, BC Hydro fied Electricity Purchase Agreements

with the COIIission on October 21 2003 , for the supply of electricity with the folJowing companies:

Pacific Cascade Hydro, for electricity from Eagle Lake C2 Micro Hydro Project;Maxim Power Corp., for electricity from Vancouver Landfill Gas Utiization project and from the

Harland Landfill project;Raging River Power and Minil'g Inc. , for electricity from Raging River small hydro project;

Canadian Hydro Developers Inc. & Pingston Creek LP, for electricity from Pingston Creek project;

RFP Power Ltd., for electricity from the Anstrong Wood Waste Cogeneration project;

Montenay Inc- , for electricity from the Seegen Burnaby Incinerator project;Rockford Energy Corp. , for electricity from the Brandy Wine Creek small hydro project; andFurr Creek Power Ltd., for electricity from the Furr Creek small hydro project, collectively the

Agreements ; and

B. The Agreements have been negotiated with the companies pursuant to BC Hydro s August 24 2001 , request

for proposals for projects under 40 MWhs, a 2001 request for proposals for green energy over 40 MWhs , and

a call for tenders on September 6, 2002 for customer based generatio ; and

C. BC Hydro advises that the Agreements were entered into in good faith before or shortly after May 29, 2003

when the definition of "energy supply contract" was amended in the Utilities Commission ACI; and

. .

.12

BRITISH COLUMBIAUTILITIES COMMISSION

ORDERNUMBER 10-

D. BC Hydro has requested that for competitive reasons the Commission keep the Agreements confidential; and

E. The Commission has considered the Agreements and has considered the execution dates of the Agreementsin the context ofthe changes to the Utilties CommissioI' Act and the request of BC Hydro.

NOW THEREFORE the Commission orders as follows:

1. The Agreements are accepted as filed as energy supply contracts pursuant to Section 71 of the Utilities

Commission Act.

2. The Commission wil hold the Agreements confidential at this time.

))ATED at the City of Vancouver, in the Province ofBfitish Columbia, this ay of December 2003.

BY ORDER

~~~~

chukCommlS ner

Order/BCHIlectl'icilY f'urcna.c Agrecments