IN THE MATTER OF
the Utilities Commission Act, R.S.B.C. 1996, Chapter 473
and
Pacific Northern Gas Ltd.
Application for Approval of the Sale of
Interests in the McNair Creek Project
BEFORE: L. F. Kelsey, Commissioner
K. A. Keilty, Commissioner October 8, 2015
O R D E R
WHEREAS:
A. On September 24, 2015, Pacific Northern Gas Ltd. (PNG), filed with the British Columbia Utilities Commission (Commission) pursuant to section 52 of the Utilities Commission Act (Act), an application for approval of the sale of its entire interest in the McNair Creek Project, all McNair Creek Hydro Limited Partnership (MCLP) partnership units and MCLP’s general partner MC Hydro Holding Corp.(MCHC) shares (Application);
B. Section 52 of the Act requires that “Except for a disposition of its property in the ordinary course of business, a public utility must not, without first obtaining the Commission’s approval, dispose of or encumber the whole or a part of its property…” ;
C. Property is not defined in the Act as utility property therefore the disposition of non-utility property is also covered by section 52 of the Act;
D. In the Application, PNG states that the disposition of its interests in the non-utility assets of McNair Creek Hydro Project, MCLP, and MCHC will not affect PNG’s ability to continue to provide service to its utility customers on the same terms and conditions as it had prior to the sale and there will be no detrimental impact on the level of services provided by PNG; and
E. The Commission reviewed the Application and considers approval is warranted.
NOW THEREFORE pursuant to section 52 of the Utilities Commission Act, the British Columbia Utilities Commission approves the disposition by Pacific Northern Gas Ltd. of its stated interests in the McNair Creek Hydro Project.
DATED at the City of Vancouver, in the Province of British Columbia, this 8th day of October 2015.
BY ORDER
Original signed by:
K. A. Keilty
Commissioner