LETTER NO. L-29-01 ROBERT J. PELLATT SIXTH FLOOR, 900 HOWE STREET, BOX 250 COMMISSION SECRETARY VANCOUVER, B.C. CANADA V6Z 2N3 Commission.Secretary@bcuc.com TELEPHONE: (604) 660-4700 web site: http://www.bcuc.com BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 Log No. 6700,6817 September 26, 2001 Ms. Joan Horning M.V.P. Veneer Inc. 653 W. Sarcee Kamloops, B.C. V2H 1E4 Dear Ms. Horning: Re: M.V.P. Veneer Inc. Customer Complaint dated August 8, 2001 The Commission has reviewed the letter of M.V.P. Veneer Inc. ("MVP") dated August 8, 2001 (the "MVP Letter") and the letter of BC Gas Utility Ltd. ("BC Gas") dated August 29, 2001 (the "BC Gas Letter"). The Commission has also reviewed BC Gas' Rate Schedule 5, General Firm Service, effective November 1, 1996 ("Rate Schedule 5"). The MVP Letter and the BC Gas Letter indicate that a dispute exists between MVP and BC Gas with respect to: 1. The meaning and application of the Force Majeure provisions of Rate Schedule 5; and 2. The meaning of discrimination under the Utilities Commission Act, R.S.B.C. 1996, c.473. Pursuant to section 14.1 of Rate Schedule 5, "Any dispute between the parties arising from this Rate Schedule or the Service Agreement will be resolved by a single arbitrator pursuant to the Commercial Arbitration Act of British Columbia or successor legislation, save as expressly provided therein." As a result, the Commission takes no position on the interpretation and application of the Force Majeure provisions in Rate Schedule 5 and refers the parties to the dispute resolution procedures contained in Rate Schedule 5. …/2
2 LETTER NO. L-29-01 Determinations as to what constitutes discrimination, within the meaning of the Utilities Commission Act, is the jurisdiction of the Commission. The Commission makes no determination, at the present time, as to whether relief from fixed charge obligations in the present circumstances would, or would not, constitute discrimination under the Utilities Commission Act. Upon resolution of the issue on Force Majeure the Commission would be prepared to accept submissions on the issue of discrimination at that time. Yours truly, Original signed by: Robert J. Pellatt EJR/cms cc: Mr. David M. Masuhara, Vice President Legal, Regulatory & Logistics and Secretary BC Gas Utility Ltd. Complaints/BCG/ MVP Veneer FrceMajeure Arbitrtn
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