BRITISH COL UMBIA UTILITIES COM MISSION ORDER NUMBER G -148-07 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 AltaGas Ltd. for an Exemption from Part 3 of the Utilities Commission Act for Natural Gas Transportation and Processing Facilities BEFORE: L.F. Kelsey, Commissioner P.E. Vivian, Commissioner December 6, 2007 O R D E R WHEREAS: A. AltaGas Ltd. (“AltaGas”) has entered into fee-for-service contracts with two customers for the transportation and processing of natural gas through the use of the Blair Creek Gas Plant and related facilities that AltaGas owns; and B. By letter dated June 6, 2007 AltaGas applied pursuant to Section 88(3) of the Utilities Commission Act (the “Act”) for an exemption from Part 3 of the Act for the Blair Creek Gas Plant and related facilities (the “Application”), and copied the Application to its customers at the facilities; and C. By letter dated June 27, 2007 the Commission requested that the customers submit any comments on the Application by July 16, 2007. No comments have been received; and D. By letter dated July 7, 2007 AltaGas responded to an Information Request from the Commission; and E. Facilities which have been exempted from Part 3 of the Act may continue to be regulated under the Act on a complaint basis; and …/2
BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G-148-07 2 F. The Commission has considered the Application and is satisfied that an Order, under Section 88(3) of the Act, exempting the AltaGas Blair Creek Gas Plant and related facilities from the requirements under Part 3 properly conserves the public interest; and G. On November 22, 2007 the Lieutenant Governor in Council issued Order in Council No. 762, 2007 (the “Order in Council”) that is attached as Appendix II of this Order, giving approval to the Commission to exempt AltaGas from certain provisions of the Act for the purpose and subject to the terms set out in the attached draft Order of the Commission; and H. The Commission may find it is in the public interest to exempt an AltaGas transportation or processing facility that is not listed in Appendix I to the draft Order attached to the Order in Council after AltaGas advises the Commission in writing, that it will begin to use the facility to transport or process natural gas for others; and I. Section 99 of the Act provides that the Commission may reconsider, vary or rescind an Order made by it. NOW THEREFORE the Commission orders as follows: 1. Pursuant to Section 88(3) of the Act and subject to paragraphs 2, 3 and 4 of this Order, the Commission approves for AltaGas an exemption from Part 3 of the Act of the facilities listed in Appendix I which AltaGas uses to transport or process natural gas for others, effective the date of this Order. 2. Facilities listed in Appendix I to this Order will be regulated under the Act on a complaint basis, with a complaint taking the form of a written application to the Commission from a person whose interests are affected. 3. This exemption, granted pursuant to this Order, shall remain in effect until the Commission orders that it be reconsidered, varied or rescinded, for reasons that may include the determination of any complaint the Commission receives from a person whose interests are affected. …/3
3 4. AltaGas is directed to advise the Commission, in writing, of any facility that is not listed in Appendix I and which AltaGas intends to use to transport and process natural gas for others, so that the Commission, on finding that the exemption of such facility is in the public interest can, by Order, issue a revised Appendix I. 5. AltaGas is responsible for the safe and proper operation of its facilities consistent with the requirements of the Pipeline Act and other regulatory requirements. 6. AltaGas is directed to file an annual report regarding each exempted facility in the form set out in Appendix III, or as the Commission may otherwise require, and to distribute copies to the shippers using the facility. 7. AltaGas is directed to pay fees to the Commission in the amounts that the Commission determines are required to defray costs associated with the regulation of AltaGas facilities. DATED at the City of Vancouver, in the Province of British Columbia, this 6 Attachments G-148-07_AltaGas_Blair Creek Exempt Facilities BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G-148-07 th day of December 2007. BY ORDER Original signed by L.F. Kelsey, Commissioner
ALTAGAS LTD. Transportation and Processing Facilities in British Columbia Exempted from Part 3 Regulation 1. Blair Creek area of Northeastern British Columbia – all plants, pipelines and related facilities. APPENDIX I to Order No. G-148-07 Page 1 of 1
APPENDIX II to Order No. G-148-07 Page 1 of 1
APPENDIX III to Order No. G-148-07 Page 1 of 1 ANNUAL REPORTING REQUIREMENTS Complaint Regulation of Companies that Transport or Process Gas for Others A Report is required for each Separate, Significant Pipeline System or Processing Facility (Companies are to file Reports within 90 days after fiscal year-end) 1.0 Previous Year Actuals • Facility name, location, function, capacity. • Any significant changes in capacity during the year. • Throughput during the year. • Names, address, contact name and telephone number for each shipper.
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