BRITISH COL UMBIA UTILITIES COM MISSION ORDER 7 NUMBER F -10-08 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 for a Participant Assistance/Cost Award regarding the Unocal Canada Limited Application for Approval of the Disposition of its Interest in the Aitken Creek Storage Facility to its Wholly-Owned Subsidiary and An Application by Aitken Creek Gas Storage ULC for a Certificate of Public Convenience and Necessity and Exemption Order in respect of its Ownership and Operation of the Aitken Creek Storage Facility BEFORE: L.F. Kelsey, Commissioner February 20, 2008 O R D E R WHEREAS: A. The Commission, by Order No. C-6-07 dated July 6, 2007, pursuant to Sections 45 and 46 of the Utilities Commission Act (the “Act’) issued to Unocal Canada Limited (“Unocal Canada”) a Certificate of Public Convenience and Necessity (“CPCN”) for the operation of the Aitken Creek Storage Facility; and B. By Order No. G-135-07 dated November 7, 2007, pursuant to Section 88(3) of the Act and with the advance approval of the Lieutenant Governor in Council (“LGIC”) by Order in Council No. 688 dated October 25, 2007, the Commission approved an exemption for Unocal Canada from certain provisions of the Act in relation to the Aitken Creek Storage Facility; and C. In Order No. G-135-07 and in this Order the term ”Storage Facility” refers to the underground reservoir and contained natural gas, wells, on-site equipment and other components of the natural gas storage facility at Aitken Creek that Unocal Canada owns or operates, as they may be modified or expanded from time to time; and …/2
BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER F-10-08 2 D. Aitken Creek Gas Storage ULC (“Aitken Creek ULC”) is a wholly-owned direct subsidiary of Unocal Canada. Aitken Creek ULC is also is an unlimited liability corporation (“ULC”) incorporated on November 1, 2007 under the Alberta Corporations Act (Unocal Canada and Aitken Creek ULC are the “Applicants”). Aitken Creek ULC has been registered in British Columbia as an extraprovincial company; and E. On November 16, 2007, Unocal Canada applied pursuant to Section 52 of the Act for an Order approving the disposition of its interest in the Storage Facility to Aitken Creek ULC (the “Unocal Canada Disposition Application”); and F. On November 16, 2007, Aitken Creek ULC applied pursuant to Sections 45 and 46 of the Act for a CPCN for the operation of the Storage Facility (the “Aitken Creek ULC CPCN Application”); and G. On November 16, 2007, Aitken Creek ULC applied pursuant to Section 88(3) of the Act for an Order exempting it from certain provisions of the Act for the same purposes and subject to the applicable terms and conditions set out in Order No. G-135-07 (“Aitken Creek ULC Exemption Application”); and H. The Unocal Canada Disposition Application, Aitken Creek ULC CPCN Application, and Aitken Creek ULC Exemption Application (collectively as “the Applications”) includes Schedule A (audited financial statements of Aitken Creek natural gas storage business and related operations, assets and liabilities) filed on a confidential basis to the Commission; and I. The Applications without Schedule A have been provided to Registered Intervenors and Interested Parties of Project No. 368445, the previous proceeding regarding Unocal Canada’s Application for an exemption pursuant to Section 88(3) of the Act for the Aitken Creek Storage Facility, and J. By Order No. G-143-07, the Commission established a written process and regulatory timetable for the review of the Applications; and K. On December 7, 2007, the Commission requested advance approval of the LGIC to issue an exemption Order to Aitken Creek ULC pursuant to Section 88(3) of the Act; and L. On December 18, 2007 the Commission issued Order No. G-167-07 and Reasons for Decision approving the Unocal Canada Disposition Application effective January 1, 2008 and the Aitken Creek ULC CPCN Application effective January 1, 2008. A CPCN was issued to Aitken Creek ULC for the operation of the Storage Facility. M. By letter dated January 10, 2008, the British Columbia Public Interest Advocacy Centre filed a Participant Assistance/Cost Award application on behalf of its client the BC Old Age Pensioners Organization et al. (“BCOAPO”) with respect to its participation in the proceeding; and …/3
3 N. By letter dated January 31, 2008 Unocal Canada advised the Commission that it did not object to the BCOAPO application for funding; and O. The Commission Panel has reviewed the PACA application with regard to the criteria and rates set out in the Guidelines in Commission Order No. G-72-07 and has concluded that a cost award should be approved. NOW THEREFORE the Commission orders as follows: 1. Pursuant to Section 118(1) of the Utilities Commission Act, the Commission awards funds to BCOAPO for its participation in the Proceeding in the amount of $1,397.50. 2. Unocal is directed to reimburse BCOAPO for the total amount awarded in a timely manner. DATED at the City of Vancouver, in the Province of British Columbia, this 20 Orders/F-10-08_Unocal Aitken Crk ULC Asset Transfer BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER F-10-08 th day of February 2008. BY ORDER Original signed by L.F. Kelsey Commissioner
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