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Decision Content

ORDER NUMBER

G-360-23

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

the Fuel Price Transparency Act, SBC 2019, Chapter 46

 

British Columbia Utilities Commission

Review of Requests for Confidentiality

for Fuel Price Transparency Act 2023 Fuel Data Submissions

 

BEFORE:

M. Jaccard, Commissioner

 

on December 21, 2023

 

ORDER

WHEREAS:

 

A.      On January 31 and March 28, 2023, the British Columbia Utilities Commission (BCUC) issued requests for fuel data (Fuel Data) to retail stations located in select cities and regions across British Columbia. Further, on March 10, 2023, the BCUC issued requests for Fuel Data and information to refiner and primary terminal owners and operators in the province (together with the January 31 and March 28, 2023 requests, the Fuel Data Requests);

B.      Section 6 of the Fuel Price Transparency Act (FPT Act), provides, in part, that Responsible Persons must provide Fuel Data or any records referred to in section 8 (1) of the FPT Act, if requested by the BCUC as administrator of the FPT Act;

C.      By Decision and Order G-14-22 dated January 20, 2022, the BCUC found that the public interest in the publication of raw (i.e. unaggregated and non-anonymized) sales and operational volumes, price-related, low carbon fuel standard, invoice-related, importer identifier, comment, and retail data does not, at this time, outweigh any potential harm to Responsible Persons, and established the Framework for the Determination of Confidentiality and Treatment of Protected Information collected pursuant to the FPT Act (Confidentiality Framework);

D.      Section 4 of the Confidentiality Framework establishes that, for any Fuel Data or other information or records submitted for the FPT Act that are not already designated as “confidential Protected Information” for which a Responsible Person is requesting confidential treatment, the process set out in Part IV of the BCUC’s Rules of Practice and Procedure (Rules) shall apply;

E.       By Order G-351-22 dated December 5, 2022, the BCUC determined, amongst other things, to uniformly designate categories of fuel data collected pursuant to ad hoc Fuel Data requests in 2022 as confidential Protected Information, broadly aligned with the logic of Figure A1 in the Confidentiality Framework;

F.       Subsequent to issuing the Fuel Data Requests, the BCUC received requests from several Responsible Persons for confidential Protected Information status to be granted to the Fuel Data submitted pursuant to the Fuel Data Requests (Confidentiality Requests);

G.      The BCUC considered that the Confidentiality Requests received had wider implications to all Responsible Persons who may seek similar relief for confidentiality of information they are required to file pursuant to the Fuel Data Requests. By Order G-329-23 dated December 4, 2023, the BCUC, for regulatory efficiency, established a public hearing to broadly review the matter regarding a ruling on confidential Protected Information status and the BCUC’s proposal for designating certain categories of fuel data as confidential Protected Information, as detailed in the cover letter to Order G-329-23 (Proposal);

H.      Federated Co-operatives Limited, Cenovus Energy Inc., Suncor Energy Products Partnership, Shell Canada Limited, Parkland Corporation and two retail dealers submitted written submissions broadly supporting the BCUC’s Proposal; and

I.         The BCUC has reviewed the written submissions and considers that the following determinations are warranted.

 

NOW THEREFORE the BCUC orders as follows:

 

1.       The confidential Protected Information status of Fuel Data submitted pursuant to the Fuel Data Requests is adopted by the BCUC in accordance with the table attached as Appendix A to this order, effective immediately.

2.       The BCUC will consider the status of the Fuel Data collected pursuant to the Fuel Data Requests and designated as confidential Protected Information in accordance with the table attached as Appendix A to this order in its two-year review, as detailed in section 5.3 of the Confidentiality Framework attached to Decision and Order G-14-22.

 

DATED at the City of Vancouver, in the Province of British Columbia, this         21st         day of December 2023.

 

BY ORDER

 

Original signed by:

 

M. Jaccard

Commissioner

 

 

Attachment


BCUC Determinations for Grouping Data/Information in Confidentiality Requests

Confidential Protected Information

NOT Confidential Protected Information

All Retail Fuel Data

Reporting Year/Month

All Refiner Fuel Data

Name of Responsible Person (from March 10, 2023 request)

Volume-weighted average value of regular gasoline imported into BC

Fuel Distribution Terminal Name

Total volume of regular gasoline imported into BC

City

Total cost of compliance with BC Low Carbon Fuel Standard (LCFS)

 

Cost of BC LCFS credit(s) for compliance

 

Average cost of ethanol imports

 

Total volume of ethanol imported into BC

 

Average transportation cost of ethanol imported/purchased

 

Compliance with Federal Fuel Standard

 

Compliance with the US Renewable Fuel Standard

 

Gasoline blendstocks and additives cost (excluding ethanol)

 

Other fuel-related costs excluding terminal & transportation costs

 

Wholesale fuel discounts

 

Volume-weighted average wholesale finished regular gasoline fuel margin

 

Volume-weighted average price of the first sale of wholesale finished regular gasoline in BC

 

Volume of wholesale finished regular gasoline sold

 

Volume of wholesale finished regular gasoline supplied to corporate-owned retail stations

 

Comments/Explanation

 

Average primary transportation costs

 

Average secondary transportation costs

 

Primary distribution terminal costs

 

Primary distribution terminal revenue

 

Additional overhead costs

 

Other costs

 

Additional Comments & Explanatory Notes

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.