LETTER L‐53‐08 SIXTH FLOOR, 900 HOWE STREET, BOX 250 ERICA M. HAMILTON VANCOUVER, B.C. CANADA V6Z 2N3 COMMISSION SECRETARY TELEPHONE: (604) 660‐4700 Commission.Secretary@bcuc.com BC TOLL FREE: 1‐800‐663‐1385 web site: http://www.bcuc.com FACSIMILE: (604) 660‐1102 Log No. 27514 VIA MAIL/E‐MAIL November 13, 2008 Mr. Frank Karabetsos TransCanada Energy Ltd. 450 – 1 st Street S.W. Calgary, Alberta T2P 5H1 Dear Mr. Karabetsos: Re: British Columbia and Transmission Corporation (“BCTC”) TransCanada Energy Ltd. (“TCE”) Complaint related to Firm Transmission Service on the British Columbia to Alberta Path In its letter of complaint dated October 9, 2008 (“Complaint”), TCE requests that the Commission direct BCTC to prioritize its firm capacity on the British Columbia‐Alberta (“BC>AB”) path retroactive to December 1, 2007. By letter dated October 17, 2008 the Commission requested comment from BCTC on a process to review the TCE Complaint. The Commission also requested that BCTC specifically provide the date by which it anticipates it will file an application related to the FERC 890 Order, and the extent to which such an application will address the matters raised by TCE in the Complaint. By letter dated October 24, 2008 NorthPoint Energy Solutions (“NorthPoint”) submitted that it had also been negatively impacted “…in a manner similar to that provided for in TCE’s complaint.” NorthPoint stated that it anticipated that it too will wish to file a complaint and requested that the Commission provide it with direction as to the timelines for doing so. By letter dated November 4, 2008 Cargill Power Markets LLC (“Cargill”) requested that, as a power marketer with a reservation on the BC>AB Path that could be affected by the TCE complaint, it be informed of further developments with respect to the Complaint and that it be provided with the opportunity to intervene if and when appropriate. On October 31, 2008 BCTC responded to the Commission’s October 17, 2008 letter and indicated that it would be filing its next Tariff Application (“Application”) by November 21, 2008 and that the Application would address the issue of firm sales to Alberta. BCTC submitted that the Application should be considered BCTC’s response to the Complaint and that the Complaint should be addressed at the same time as the Application. By letter dated November 6, 2008 (attached), TCE responded to the BCTC October 31, 2008 letter and submitted that BCTC’s Application will be forward looking and TCE’s request for retroactive relief will not be fully addressed in the Application. TCE further expressed its concern that BCTC’s Application “…will not provide the full and fair review of all of the issues raised in the Complaint, that would otherwise occur in a separate process” and urged …/2
LETTER L‐53‐08 2 the Commission to proceed with an independent process for hearing and adjudicating upon the matters raised in the Complaint. The Commission has reviewed the TCE Complaint, the requests of NorthPoint and Cargill, and the submissions of BCTC and TCE and has determined that it will consider the appropriate process for reviewing the Complaint after it has received the BCTC Application. It is the intention of the Commission to issue a procedural letter or order, after it has reviewed the Application, to solicit submissions on the appropriate process or processes for reviewing the TCE Complaint and the BCTC Application, including the appropriate degree of separation between the reviews of the Complaint and Application. Finally, all parties are requested to copy all other interested parties in this matter on correspondence to the Commission. Currently parties who have expressed an interest in the Complaint, in addition to TCE itself, are BCTC, NorthPoint and Cargill. Yours truly, Original signed by: Erica M. Hamilton JWF/rt Attachment cc: Mr. Lou A. Cusano Stikeman Elliot (counsel for TCE) lcusano@stikeman.com Ms. Janet L. Fraser Director, Regulatory Affairs British Columbia Transmission Corporation janet.fraser@bctc.com bctc.regulatory@bctc.com Mr. Michael Crosbie Senior Legal Counsel for SaskPower (on behalf of NorthPoint) mcrosbie@saskpower.com Mr. Philip P. Pauls Senior Lawyer Cargill 300‐240 Graham Avenue Winnipeg, Manitoba R3C 0J7 Complaints/BCTC/TCE Complaint‐BCUC to review BCTC Application
cc: Intervenors in the BCTC 2008 Application to Temporarily Suspend Release of Firm Available Transfer Capacity on the BC>AB Path george.radan@aquilon.ca Michael.Nissen@atcopower.com Steve.Waddell@atcopower.com fred.james@bchydro.com pat.harrington@bchydro.com doug.way@shell.com rmcallister@constellation.com Tom.rudd@candelaenergy.com jade.youck@citi.com Geordie_Hochbaum@cargill.com Robert_walker@cargill.com cam.hughes@directenergy.com mmcgillivray@enmax.com anne.coughlan@brookfieldpower.com rwydareny@epcor.ca jcomandante@epcor.ca dan.egolf@fortisbc.com Ben_mceachern@ml.com Bryan.porcelli@morganstanley.com Jay_dyson@nexeninc.com dslade@northpointenergy.com michael.mcwilliams@powerex.com j.wolfe@rainbowenergy.com Sschechter@sempratrading.com kgaizler@sempratrading.com spinnell@synergypower.com steven_quehl@transcanada.com roger_williams@transcanada.com Darren_angerman@transcanada.com Darren_gogol@transalta.com
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