G-43-95 SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660-4700 VANCOUVER, B.C. V6Z 2N3 BC TOLL FREE: 1-800-663-1385 CANADA FACSIMILE: (604) 660-1102 AN ORDER IN THE MATIER OF the Utilities Commission Act, S.B.C. 1980, c. 60, as amended and An Application by Treminco Resources Ltd. to Reverse the Commission's Decision Made by Letter No. L-35-94 BEFORE: M.K. Jaccard, Chairperson; ) L.R. Barr, Deputy Chairperson; and ) May 18, 1995 K.L. Hall, Commissioner ) ORDER WHEREAS: A. On March 24, 1995 Treminco Resources Ltd. ("Treminco") applied to the Commission for a reversal of the Commission's Decision in Letter No. L-35-94 that declared the Treminco electrical power plant, and distribution facilities ("the electrical plant") located at Sandon, B.C., be deemed a public utility under the Utilities Commission Act ("the Act"); and B. On April 24, 1995, Treminco advised the Commission that it would be terminating electricity service to the residents of Sandon, effective May 31, 1995, in order to facilitate the sale of the facility; and C. On May 5, 1995 Treminco advised the Commission that an offer to purchase the assets of the corporation, including the electrical plant, was accepted, and that the prospective owner was in the process of arranging financing; and D. On May 5, 1995 Mr. Robert Samuel Fleming, Barrister, representing two electrical customers served by the electrical plant, applied to the Commission to issue an Order prohibiting Treminco from terminating service until Treminco receives permission to do so from the Commission pursuant to Sections 44, 45 and 47 of the Act; and E. The Commission is in receipt of a number of requests from the residents of Sandon to use its office to keep the electrical plant operating as it is the only reliable source of electricity in the community; and .. ./2
2 F. The Commission has reviewed the matter and finds that a Public Inquiry, under the auspices of a single Inquiry Officer, to review Treminco's application is required in order for the Commission to make a decision. NOW THEREFORE the Commission orders as follows: 1. The Commission, pursuant to Section 93(2) of the Act, appoints Commissioner Harold Page as Inquiry Officer to inquire into and report on all aspects of the Treminco application, including the distribution facilities of the electrical plant. The Inquiry Officer will be assisted by Commission staff Mr. W.J. Grant, Executive Director and Mr. N.C.J. Smith, Manager, Electrical Engineering. 2. The Commission will hold a Public Inquiry into this matter in the Sandon Museum on Slocan Star Street in Sandon on May 31, 1995 commencing at 9:00 a.m. 3. Interested Parties who wish to participate in the Inquiry can do so either in person or by making written submissions to the Commission Secretary by May 29, 1995. 4. The Notice of Public Inquiry, attached as Appendix A of this Order, is to be delivered to all the residents and customers of the Sandon electrical power plant as soon as possible in order to provide timely notification to all interested parties. DATED at the City of Vancouver, in the Province of British Columbia, this day of May, 1995. BY ORDER Dr. Mark K. Jac(;ard Chairperson Attachment Ordersrrreminco-Public Inquiry
SIXTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER, B.C. V6Z 2N3 CANADA Into the Application by Treminco Resources Ltd., Respecting the Public Utility Classification of the Sandon Electrical Power Plant and Distribution Facilities THE APPLICATION On March 24, 1995 Treminco Resources Ltd. ("Treminco") applied to the Commission for a reversal of the Commission's Decision in Letter No. L-35-94 that declared the Treminco electrical power plant, and distribution facilities ("the electrical plant") located at Sandon, B.C., be deemed a public utility under the Utilities Commission Act (lithe Act"). The purpose of the Public Inquiry is to ensure that all issues relating to the Application by Treminco are reviewed in a public forum before the Commission, pursuant to Sections 86 and 93 Commissioner Harold J. Page has been appointed Inquiry Officer to review this matter and to report and make recommendations to the Commission. PUBLIC INQUIRY The Commission invites all interested parties to attend and participate in the Public Inquiry. and location are as follows: Location: Date: Time: APPENDIX A to Order No. G-43-95 Page 1 of2 TELEPHONE: (604) 660-4700 BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 of the Act. The date, time Sandon Museum Slocan Star Street May 31, 1995 9:00 a.m. local time Sandon,B.C. . . ./2
2 SUBMISSIONS IN WRITING Persons who are unable to attend the Public Inquiry, but wish to make a statement or present evidence, should send written submissions to the Commission Secretary, on or before May 29, 1995. Persons intending to participate in the Public Inquiry should advise the Commission Secretary, Pellatt, or Mr. Neptune Smith, Manager, Electrical Engineering; by telephone at 660-4700, or B.C. Toll Free: 1-800-663-1385, by fax at (604) 660-1102, or in writing to Box 250, 900 Howe Street, Vancouver, B.C., V6Z 2N3. The Commission can also be reached on the InterNet at RPELLAT@GALAXY.Gov.BC.CA or on the Government Electronic Mail System ("GEMS") at RPELLAT@BCSC. OrderslNotice-Treminco-PublnqryยทAPPENDIX A to Order No. G-43-95 Page 2 of2 Mr. R. J. BY ORDER R eft J. Pellatt Commission Secretary
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