B R I T IS H C O L U M B I A U T I L I T I E S C O M M I S S I O N O R D E R N U M B E R C-9-99 SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660-4700 VANCOUVER, B.C. V6Z 2N3 CANADA BC TOLL FREE: 1-800-663-1385 web site: http://www.bcuc.com FACSIMILE: (604) 660-1102 IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and An Application by BC Gas Utility Ltd. for Approval of a Standard Form Franchise Agreement with The Corporation of the City of Trail BEFORE: P. Ostergaard, Chair ) P.G Bradley, Commissioner ) May 20, 1999 K.L. Hall, Commissioner ) CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY WHEREAS: A. On May 13, 1999, BC Gas Utility Ltd. (“BC Gas”) applied to the Commission for approval of a Standard Form Franchise Agreement (“the Agreement”), dated May 3, 1999, with The Corporation of the City of Trail (“the City”) pursuant to Section 45(7) of the Utilities Commission Act (“the Act”); and B The Agreement replaces a 21-year Gas Franchise Agreement approved by B.C. Energy Commission Order No. C-19-80, between Inland Natural Gas Co. Ltd. (a predecessor company to BC Gas) and the City, which expired January 20, 1999; and C. Municipal By-Law No. 2420, 1999 ratified the Agreement which received statutory approval under the Municipal Act on March 25, 1999; and D. The Commission has reviewed the Agreement and finds that approval is necessary and in the public interest. NOW THEREFORE pursuant to Section 45(7) of the Act, the Commission approves the May 3, 1999 Standard Form Franchise Agreement between BC Gas and the City covering the ten-year Primary Term commencing January 21, 1999 and expiring on January 20, 2009, and continuing from year-to-year after the expiry of the Primary Term until terminated by either party upon 12-months written notice of termination received one year prior to the expiry of the Primary Term or any anniversary thereafter, but not longer than 21 years. DATED at the City of Vancouver, in the Province of British Columbia, this 26 th day of May 1999. BY ORDER Original signed by: Peter Ostergaard Chair Order/BCG-FrchseAgrmt-Trail
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