SIXTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER, B.C. V6Z 2N3 CANADA web site: http://www.bcuc.com IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and An Application by Terasen Gas (Vancouver Island) Inc. for Approval of a Municipal Gas Operating Agreement with the District of Highlands BEFORE: L.F. Kelsey, Commissioner K.L. Hall, Commissioner CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY WHEREAS: A. On June 30, 2004, Terasen Gas (Vancouver Island) Inc. (“TGVI”) applied to the Commission for approval of a twenty-one year Municipal Gas Operating Agreement (“the Agreement”) dated March 28, 2003 with the District of Highlands (“Highlands”) pursuant to the Utilities Commission Act (“the Act”); and B. Highlands approved the Agreement, which commenced on March 28, 2003, by Bylaw No. 188. Terasen Gas submitted an unsigned copy of Bylaw No. 188 on July 28, 2004; and C. 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 March 28, 2003 Agreement between TGVI and Highlands for the twenty-one year period commencing March 28, 2003 and terminating March 28, 2024. This approval is subject to Terasen Gas providing a fully executed copy of Bylaw No. 188 to the Commission by August 27, 2004. DATED at the City of Vancouver, in the Province of British Columbia, this day of July 2004. TGVI_District of Highlands Operating Agreement BRITISH COL UMBIA UTILITIES COM MISSION ORDER NUMBER C -7-04 TELEPHONE: (604) 660-4700 BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 ) ) July 29, 2004 BY ORDER Original signed by: L.F. Kelsey Commissioner
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