B R I T I S H C O L U M B IA U T IL 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 G-68-02 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 Limited Partnership BEFORE: P. Ostergaard, Chair ) R.D. Deane, Commissioner ) September 26, 2002 K.L. Hall, Commissioner ) 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 Limited Partnership; 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 Limited Partnership; 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; and D. Commission Order No. G-58-02 dated August 14, 2002 varied Order No. G-58-91 in response to the Westcoast Energy Inc. application; and E. On September 19, 2002, Duke Energy Gas Transmission Canada, on behalf of Westcoast Energy Inc., requested that Order No. G-58-02 be amended or re-issued to clarify that the transfer of exemption applies to McMahon Power Holdings Limited Partnership. …/2
2 NOW THEREFORE the Commission orders as follows: 1. Commission Order No. G-58-02 is rescinded and replaced by this Order. 2. Order No. G-58-91 is 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 (provided that at all times the ownership interests of such successors in interest are held directly or indirectly by Westcoast Energy Inc. or Canadian Utilities Limited), 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 Limited Partnership 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 26 Orders/WEI-McMahon Xmptn AmendB R I T I S H C O L U M B IA U T IL I T I E S C O M M I SS I O N O R D ER N U M B E R G-68-02 th day of September 2002. BY ORDER Original signed by: Peter Ostergaard Chair
Orders/WEI-McMahon Xmptn Amend
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