IN 1HE MAT IER OF the Utilities Commission Act, S.B.c. 1980, c. 60, as amended and IN 1HE MAT IER OF an Application by Westcoast Power Inc. and eu Power Canada Limited BEFORE: J.G. McIntyre, ) Chainnan; ) N. Martin, ) Commissioner; and ) July 10, 1991 W.M. Swanson, Q.C., ) Commissioner ) o R D E R WHEREAS: A. On May 10, 1991 Westcoast Power Inc. ("WPI") and CU Power Canada Limited, (lieu Power"), a wholly-owned subsidiary of eu Power International Limited and collectively referred to as ("Wescup") filed with the Commission an Application for their exemption from the provisions of Part 3 of the Utilities Commission Act ("the Act") to the extent those provisions would apply by virtue of their ownership and operation of the McMahon Cogeneration Project (lithe Project") located at Taylor, B.C.; and B. By Order No. E-1-91 dated February 14, 1991 the Commission approved the Electricity Purchase Agreement between B.C. Hydro and Wescup for the supply of power from the Project to B.C. Hydro at Taylor, B.c.; and C. By Order No. E-7-91 dated May 16, 1991 the Commission approved the Gas Purchase/Supply Contracts covering the purchase of natural gas for the Project; and D. On May 27, 1991 the Minister of Energy, Mines and Petroleum Resources with the concurrence of the Minister of Environment, issued an Order pursuant to Section 19 (l)(c) of the Act allowing the construction and operation of the Project at Taylor, B.C.; and E. The Commission has considered the Application and is satisfied that an Order exempting Wescup from certain sections of the Act properly conserves the public interest; and F. On July 5, 1991 the approval of the Lieutenant Governor in Council was given to the said exemption by Order in Council No. 975, 1991 and is attached as Appendix A; and G. The Commission may, pursuant to Section 114 of the Act, reconsider, vary or rescind an Order made by it. .. ./2 SIXTH FLOOR, 900 HOWE STREET, VANCOUVER, B,C, V6Z 2N3, CANADA, TELEPHONE (604) 660-4700, TOLL FREE 1-800-663-1385, FACSIMILE (604) 660-1102
2 NOW THEREFORE pursuant to its powers under Section 103(3) of the Act the Commission orders that: WPI and CU Power are exempted from the application of provisions of Part 3 of the Act to the extent that those provisions would apply by reason of their ownership and operation of the Project. tv DATED at the City of Vancouver, in the Province of British Columbia, this II day of July, 1991. BY ORDER 1~~ Norris Martin Commissioner Attch. BCUC/Orders/Wescup-Appl. Exempt #2
PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNC Order in Council No. 975 , Approved and Ordered JUL -5.1991 Executive Council Chambers, Victoria JUL -3.1991 On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the ExecutiveCouncil,orderstha~pproval is given to the B.C. utilities Commission making an Order substantially in the form as set out in the schedule. ~ Minister of Energ~, Mines Uand Petroleum Resources (This part is for administrative purposes only and is /lot part of the Ordl!/'.) Authority under which Order is made: Act and section:utilitiescommissionAct, section 103'(3 } . Other (specify): 'QP 403.1. DK·1112 A -P -PE N D --IX ---flA i l Lieutenant Governor '-. ~~~ ( "- /~ \.....,~.'-:l Presiding Member of Executive Council _ i ,
L.,.« ;;-..: Mli... .~,... ·":..:C::""7 ." ~ , IN THE MAlTER or the Utilities Commission Act, S.Re. 1980, c. 60, as amended and IN TIlE MATI'ER OF an Application by Westcoast Power Inc. and Canadian Utilities Limited BEFORE: ) ) ) __, 1991 ) o R D E R \VIIEREAS: A. On May 10, 1991 Westcoast Power Inc. (tlWPltl) and CU Power Canada Limited, ("CU Power"), a wholly-owned subsidiary of Canadian Utilities Limited (tlCU Power") and collectively referred to as (lfWescuplf) filed with the COll1mission an Application for exemption from the provisions of Part 3 of the Utilities COlllmission Act ("the Act") for the McMahon Cogeneration Project (tithe Project tl ) located at Taylor, B.e.; and B. By Order No. E-I-91 dated February 14, 1991 the Commission approved the Electricity Purchase Agreement between Re. Hydro and Wescup for the supply of power from the Project to D.e. lJydro at Taylor, n.e.; and C. By Order No. E-7-91 dated May 16, 1991 the Commission approved the Gas Purchase/Supply Contracts covering the purchase of natural gas for the Project; and D. On __ the Minister of Energy, Mines and Petroleum Resources with the .ooncurrance of the Minister of Environment, issued an Order pursuant to 19.(1 )(c) of the Act allowing the construction and operation of the McMahon Cogeneration Project at Taylor, ll.c.; and E. The Commission has considered the Application and is satisfied that an Order exempting Wescup from certain sections of the Act properly COli serves the public interest; and F. On ________________ , 1991 the approval of the Lieutenallt Governor in COllllcil was given to the said exemption by Order-in-Council No. , 1991 and is attached as Appendix A; and G. The Commission fIlay, pursuant to Section 114 of the Act, reconsider, vary or rescind an Order made by it. NOW TIIEREFORE pursuant to its powers under Section 103(3) of the Act the Commission orders that: 1. WPI and CU Power are exempted frolll the Application of provisions of Part 3 of the Act to the cxtCllt that those provisiolls would otherwise apply by reason of their r}WnCrSlllp and operatioll or thc rv1cMaholl Cogellcration PlOjCCl.
2 2. TIle Exemption Order shall not have force and effect until after the dale upon which it is approved by the Lieutenant Governor in Council, pursuant to Section 103(3) of the Act. DATED at the City of Vancouver, ill the Province of British Colul11bia, this of , 1991. BCUC/Orders/Wescup-Appl. for Exemption I .., 1-1MI- I j ... -~,~ ........ "' .... -.. day BY ORDER
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