Orders

IN THE MATTER OF

the Utilities Commission Act, R.S.B.C. 1996, Chapter 473

and

an Application by FortisBC Midstream Inc.

for Approval of the Acquisition of the Shares of Aitken Creek Gas Storage ULC

BEFORE:               N. E. MacMurchy, Panel Chair/Commissioner                     December 18, 2015

O  R  D  E  R

WHEREAS:

A.      On December 3, 2015, FortisBC Midstream Inc. (FMI) and Chevron Canada Properties Limited (CCPL) entered into a share purchase and sale agreement under which all of the issued and outstanding shares of Aitken Creek Gas Storage ULC (ACGS) will be purchased by FMI (the Agreement);

B.      On December 17, 2015, FMI applied to the British Columbia Utilities Commission (Commission) pursuant to section 54 of the Utilities Commission Act (the Act) for an Order approving the acquisition of all of the issued and outstanding shares of ACGS, which would result in ACGS becoming a wholly owned direct subsidiary of FMI (the Application);

C.      In the Application, FMI also applied , on behalf of ACGS, pursuant to section 54(5) of the Act for an Order approving the registration of the transfer of shares on the books of ACGS;

D.      ACGS as owner and/or operator of the Aitken Creek Storage Facility is regulated by the Commission pursuant to Order No. G-71-08 dated April 18, 2008;

E.       The 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 ACGS owns or operates, as they may be modified or expanded from time to time;

F.       Subsequent to execution of the Agreement, existing ACGS customers were contacted to advise them of the Agreement, and provide them with contact information should they have any questions or concerns about the Agreement, and FMI proposes to file a summary of stakeholder consultation by January 15, 2016;

G.     FMI has proposed a regulatory schedule for a written hearing process, including one round of information requests, followed by intervener written submissions and FMI reply submissions; and

H.      The Commission has determined that a public hearing process should be commenced, a regulatory timetable should be established and a public notice should be issued.

NOW THEREFORE the British Columbia Utilities Commission orders as follows:

1.       FortisBC Midstream Inc. (FMI) applied for an Order approving the acquisition of all of the issued and outstanding shares of Aitken Creek Gas Storage ULC (ACGS), which would result in ACGS becoming a wholly owned direct subsidiary of FMI (the Application) which shall proceed by way of a written public hearing process according to the Regulatory Timetable attached as Appendix A to this Order.

2.       FMI is to publish, as soon as possible, the Public Notice, attached as Appendix B to this Order, in the Fort St. John local and community newspapers to provide adequate notice to those parties who may have an interest in or be affected by the Application.

3.       The Application, together with any supporting materials, will be available for inspection at FortisBC Midstream Inc. c/o FortisBC Holdings Inc. office, 10^th floor, 1111 West Georgia Street, Vancouver, BC, V6E 4M3, and at the British Columbia Utilities Commission, Sixth Floor, 900 Howe Street, Vancouver, BC, V6Z 2N3, and will also be available on the Commission’s website.

4.       Persons wishing to participate as interveners or as interested parties, as described in Appendix B, should register with the Commission via email or in writing by January 13, 2016. Interveners should specifically state the nature of their interest in the Application and identify generally the nature of the issues that they may intend to pursue, and the nature and extent of their anticipated involvement in the proceeding.

DATED at the City of Vancouver, In the Province of British Columbia, this            18^th          day of December, 2015.

                                                                                                                                BY ORDER

                                                                                                                                Original signed by:

                                                                                                                                N. E. MacMurchy

                                                                                                                                Panel Chair/Commissioner

Attachments

FortisBC Midstream Inc. Application
for Approval of the Acquisition of the Shares of Aitken Creek Gas Storage ULC

REGULATORY TIMETABLE

FortisBC Midstream Inc. Application
for Approval of the Acquisition of the Shares of Aitken Creek Gas Storage ULC

On December 17, 2015, FortisBC Midstream Inc. (FMI) applied to the British Columbia Utilities Commission (Commission) for approval to acquire all of the issued and outstanding shares of Aitken Creek Gas Storage ULC (ACGS). FMI is a wholly owned subsidiary of FortisBC Holdings Inc., which is a wholly owned subsidiary of Fortis Inc. On December 3, 2015, FMI and Chevron Canada Properties Ltd. (CCPL) entered into a share purchase and sale agreement for FMI to acquire CCPL’s shares in ACGS.

ACGS owns and operates the Aitken Creek Gas Storage Facility. The Aitken Creek Gas Storage Facility is situated approximately 120 kilometres northwest of Fort St. John.

How to Get Involved

Persons wishing to actively participate in the proceeding must register as an intervener through the Commission’s website at www.bcuc.com, or in writing by January 13, 2016. In their registration, interveners must identify the issues they intend to pursue and indicate the extent of their anticipated involvement in the review process. Interveners will each receive a copy of all non-confidential correspondence and filed documentation, and must provide an email address if available.

Persons not expecting to actively participate, but who have an interest in the proceeding, should register as an interested party through the Commission’s website or in writing, by January 13, 2016, identifying their interest in the proceeding. Interested parties receive a copy of the Decision when it is released.

Letters of comment on the Application will also be accepted. All submissions and/or correspondence received relating to the Application are provided to the Panel and all participants in the proceeding. Submissions are placed on the public record and posted to the Commission’s website. By participating and/or providing comment on the Application, you agree that all submissions will be placed on the public record and posted on the Commission’s website.

View the Application

The Application and all supporting documentation are available on the Commission’s website on the “Current Applications” page. If you would like to review the material in hard copy, it is available to be viewed at the locations below:

For More Information or to Register

For more information or to register please contact Ms. Erica Hamilton, Commission Secretary and Director using the contact information above.