B R I T I SH C O L U M B IA U T I L I T IE S C O M M I SS I O N O R D ER N U M B E R G-58-02 SIXTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER, B.C. V6Z 2N3 CANADA TELEPHONE: (604) 660-4700 web site: http://www.bcuc.com BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and An Application by Westcoast Energy Inc. for Approval to Transfer Exemption Rights under Commission Order No. G-58-91 from Westcoast Power Inc. to McMahon Power Holdings L.P. BEFORE: P. Ostergaard, Chair ) K.L. Hall, Commissioner ) August 1, 2002 O R D E R WHEREAS: A. Westcoast Power Inc. (“WPI”) proposes to transfer its ownership in the McMahon Cogeneration Plant to another wholly owned subsidiary of Westcoast Energy Inc. called McMahon Power Holdings L.P.; and B. Westcoast Energy Inc. applied to the Commission on July 17, 2002 to amend Order No. G-58-91, to transfer the exemption granted from Part 3 of the Act from WPI to McMahon Power Holdings L.P.; and C. Westcoast Energy Inc. requires approval of a number of third parties (including British Columbia Hydro and Power Authority) to complete the transfer of ownership. NOW THEREFORE the Commission orders that Order No. G-58-91 be varied by deleting the operative clause on Page 2 of the Order and replacing it as follows: “ 1 . WPI and CU Power and each of their respective successors in interest to the Project who: (i) are affiliates as that term is defined by the Company Act, R.S.B.C. 1996, c.62; or (ii) are corporations owned by 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. 2. Westcoast Energy Inc. is to notify the Commission when the transfer of ownership to McMahon Power Holdings L.P. is complete, and WPI and CU Power and their successors will notify the Commission within 90 days of any subsequent changes to the parties to which the exemption under this Order applies.” DATED at the City of Vancouver, in the Province of British Columbia, this 14 th day of August 2002. BY ORDER Original signed by: Peter Ostergaard Chair Orders/WEI-Xmptn Transfer McMahon
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