Orders

ORDER NUMBER

G-14-22

IN THE MATTER OF

                                                           the Utilities Commission Act, RSBC 1996, Chapter 473              

and

the Fuel Price Transparency Act, SBC 2019, Chapter 46

and

Framework for the Determination of Confidentiality and Treatment of Protected Information

Collected under the Fuel Price Transparency Act

BEFORE:

D. M. Morton, Panel Chair

W. M. Everett, QC, Commissioner

B. A. Magnan, Commissioner

on January 20, 2022

ORDER

WHEREAS:

A.      On September 16, 2020, Parkland Corporation (Parkland) filed an application with the British Columbia Utilities Commission (BCUC) for an advance ruling on confidentiality for certain commercial information that Parkland is required to file under the Fuel Price Transparency Act (FPT Act) and Regulation;

B.      By Order G-275-20, dated October 30, 2020, the BCUC provided advance approval of confidential status to fuel data submitted by Responsible Persons pursuant to the FPT Act, that the Responsible Persons identify as Protected Information, until the completion of a hearing process to establish a framework for the determination of confidentiality and treatment of Protected Information (Framework);

C.      By Orders G-303-20, G-68-21, G-159-21, and G-214-21 the BCUC established and further amended the regulatory timetable for development of the Framework;

D.      On February 8, 2021 and May 25, 2021, the BCUC issued Framework Drafts No. 1 and No. 2, respectively, and requested submissions from parties regarding the drafts;

E.       On August 5, 2021 and August 12, 2021, the BCUC held two oral workshops to provide parties with an opportunity to further explain their positions with respect to Framework Draft No. 2 and for the Panel and BCUC staff to ask questions regarding the submissions received from the parties;

F.       By Order G-260-21, dated September 3, 2021, the BCUC further amended the regulatory timetable to invite Argument and Reply Argument from all parties; and

G.      The Panel has reviewed the parties’ submissions with respect to the Framework received to date and finds that the adoption of the Framework for Determination of Confidentiality and Treatment of Protected Information is warranted.

NOW THEREFORE the BCUC orders as follows:

1.       Directive 1 established by Order G-275-20, is rescinded.

2.       For the reasons stated in the Decision issued concurrently with this order, the Framework attached as Appendix A to the Decision is adopted by the BCUC (Framework), effective immediately.

3.       Unless otherwise ordered by the BCUC, all Fuel Data submitted by Responsible Persons to date pursuant to the FPT Act will be treated in accordance with the Framework.

DATED at the City of Vancouver, in the Province of British Columbia, this               20^th             day of January 2022.

BY ORDER

Original signed by:

D. M. Morton

Commissioner