Orders

ORDER NUMBER

P-4-19

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

Kinder Morgan Canada (Jet Fuel) Inc.

2019 Tariff Filing Application

BEFORE:

B. A. Magnan, Commissioner

on April 10, 2019

ORDER

WHEREAS:

A.      On November 29, 2018, Kinder Morgan Canada (Jet Fuel) Inc. (KMJF) filed with the British Columbia Utilities Commission (BCUC) an application for approval of Tariff No. 40, which extends the existing terms of service and tolls payable for the transportation of turbine fuel to Vancouver International Airport and the Burnaby Terminal (Application), effective January 1, 2019;

B.      By Order P-1-18 dated December 14, 2018, the BCUC approved, on an interim and refundable basis, KMJF’s Application effective January 1, 2019 to the earlier of December 31, 2019, or the parties reaching a mutual agreement;

C.      By Order P-1-18, the BCUC also established a public written submission process and a regulatory timetable to explore stakeholders’ submissions or other potential issues;

D.      By letter dated December 27, 2018, KMJF requested a three-day extension to file its responses to BCUC Information Request No. 1, citing absence of personnel best able to provide the required information;

E.       By Order P-2-18, the BCUC approved an amended regulatory timetable further to KMJF’s extension request;

F.       By letter dated January 10, 2019, Parkland Fuel Corporation (Parkland) noted that stakeholders may not be in a position to adequately comment on KMJF’s submission due to the shippers’ meeting being scheduled after the stakeholder submission deadline set in the previously amended regulatory timetable;

G.      By Order P-1-19, the BCUC approved an amended regulatory timetable further to Parkland’s extension request;

H.      By letter dated January 31, 2019, Vancouver Airport Fuel Facilities Corporation (VAFFC) submitted on January 29, 2019, KMJF met with affected stakeholders and all parties, including KMJF, and have agreed to explore a potential negotiated settlement resolution to the Application over the next six weeks;

I.        By Order P-2-19, the BCUC approved an amended regulatory timetable further to VAFFC’s extension request;

J.        By letter dated March 7, 2019, a collective request was filed by KMJF, Parkland, Shell Canada Products and the VAFFC to extend the current regulatory timetable for the purpose of exploring further negotiations amongst KMJF and its shippers;

K.      By letters dated April 5, 2019, VAFFC and Parkland informed the BCUC that the discussions between KMJF and its shippers did not produce a negotiated settlement. Further, VAFFC and Parkland submitted a request to the BCUC to establish a regulatory proceeding regarding the Application.

L.       The BCUC has reviewed the request by the aforementioned parties and considers that further amendment to the regulatory timetable established by Order P-3-19A is warranted.

NOW THEREFORE the BCUC orders that the regulatory timetable established by Order P-3-19A is amended, as set out in Appendix A to this order.

DATED at the City of Vancouver, in the Province of British Columbia, this            10th            day of April 2019.

BY ORDER

Original Signed By:

B. A. Magnan

Commissioner

Attachment

Kinder Morgan Canada (Jet Fuel) Inc.

2019 Tariff Filing Application