Orders

ORDER NUMBER

P-7-19

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, Panel Chair

T. A. Loski, Commissioner

C. M. Brewer, Commissioner

on August 6, 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 Orders P-2-18, P-1-19, P-2-19 and P-3-19A, the regulatory timetable was further amended to address submissions from KMJF and stakeholders regarding extension of the regulatory timetable as established by P-1-18;

E.       By Order P-4-19, the BCUC approved an amended timetable regarding Vancouver Airport Fuel Facilities Corporation’s (VAFFC) and Parkland Fuel Corporation’s (Parkland) requests for further regulatory process;

F.       By April 24, 2019, VAFFC and Parkland had registered as interveners in the Application;

G.     By letter dated April 29, 2019, KMJF responded to intervener comments and proposed an amended regulatory timetable to accommodate KMJF’s submission on its detailed application for final tolls. Further, KMJF responded to intervener submissions to change the interim tolls established in Order P‑1‑18 and requested that the interim tolls remain pending the outcome of the Application;

H.      On May 2, 2019, the BCUC appointed additional commissioners to the existing panel to review the Application;

I.        By Order P-5-19 dated May 7, 2019, the BCUC amended the regulatory timetable as established by P‑4‑19 to include intervener submission on KMJF’s proposed changes to the interim rate, KMJF response to intervener submissions, KMJF filing of the final toll application, BCUC and intervener information requests (IR), KMJF’s response to IR and further process to be determined;

J.        By letter dated May 16, 2019, VAFFC requested that the BCUC reverse its approval of KMJF’s interim rate approved by Order P-1-18;

K.      On June 28, 2019, the BCUC issued Order P-6-19 with Reasons for Decision, denying VAFFC’s request, with the interim toll remaining in effect until the earlier of December 31, 2019, the date upon which parties reach a mutual agreement or the date of a further order from the BCUC;

L.       By letter dated July 31, 2019, KMJF requested a two-week extension to the date by which information requests are due to be filed as established by Order P-5-19 and confirmed that VAFFC and Parkland had consented to this request; and

M.    The Panel considers that further amendment of the regulatory timetable established by Order P-5-19 is warranted.

NOW THEREFORE the BCUC orders that the regulatory timetable established by Order P-5-19 is amended, as set out in Appendix A to this order.

DATED at the City of Vancouver, in the Province of British Columbia, this               6^th                day of August 2019.

BY ORDER

Original signed by:

B. A. Magnan

Commissioner

Attachment

Kinder Morgan Canada (Jet Fuel) Inc.

2019 Tariff Filing Application