B R I T I S H C O L U M B I A U T IL I T IE S C O M M I S S I ON O R D E R a N U M B E R G-89-97 SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660-4700 VANCOUVER, B.C. V6Z 2N3 BC TOLL FREE: 1-800-663-1385 CANADA FACSIMILE: (604) 660-1102 IN THE MATTER OF the Utilities Commission Act, RSBC 1996, c. 473 and An Application by Novagas Canada Limited Partnership for an Exemption Covering the Transportation and Processing of Natural Gas BEFORE: L.R. Barr, Deputy Chair ) and Acting Chair ) July 31, 1997 K.L. Hall, Commissioner ) O R D E R WHEREAS: A. On January 22, 1997 Novagas Clearinghouse Ltd. (ÒNCLÓ) applied to the Commission under SectionÊ88(3) of the Utilities Commission Act (Òthe ActÓ), for an exemption of the facilities (the "facilities") in British Columbia which it uses to transport or process natural gas for others, from Part 3 of the Act; and B. NCL has entered into service contracts with several customers who it proposes to serve through the use of pipelines, gas plants and related facilities which it owns or will own, and intends to enter into additional similar contracts in the future; and C. By Order No. G-32-97 dated April 3, 1997, the Commission approved a corporate restructuring which made NCL a wholly-owned subsidiary of NOVA Gas International Ltd.; and D. Facilities which have been exempted from Part 3 of the Act continue to be regulated under the Act on a complaint basis, with a complaint taking the form of an application by an interested party under the Common Carrier and Common Processor sections of Part 4 of the Act; and E. The Commission has considered the Application and is satisfied that an Order, under Section 88(3) of the Act, exempting the NCL transportation or processing facilities listed in Appendix I from the requirements under Part 3 of the Act, other than Sections 24 and 25, properly conserves the public interest; and F. On July 24, 1997 the approval of the Lieutenant Governor in Council was given to the said exemption by Order in Council No.Ê831, which is attached as Appendix II; and .../2
B R IT I S H C O L U M B I A U T I L IT IE S C O M M I S S I O N O R D E R N U M B E R G-89-97 2 G. Order in Council No.Ê831 provides that the approval to exempt a facility applies to a transportation or processing facility not listed in Schedule A of the Order in Council after NCL advises the Commission in writing that NCL will begin to use the facility to transport or process natural gas for others; and H. The name NCL has been changed to Novagas Canada Limited Partnership ("NCLP"), with NCL's natural gas transportation and processing business continuing under NCLP and with NCLP as a wholly-owned subsidiary of NOVA Gas International Ltd.; and I. Section 99 of the Act provides that the Commission may reconsider, vary or rescind an Order made by it. NOW THEREFORE the Commission orders as follows: 1. Pursuant to Section 88(3) of the Act, the Commission approves for NCLP the exemption from Part 3, other than Sections 24 and 25, of the facilities listed in Appendix I which NCLP uses to transport or process natural gas for others, effective July 31, 1997. 2. NCLP is directed to advise the Commission in writing of any facility which is not listed in Appendix I and which NCLP intends to use to transport and process natural gas for others, so that the Commission, on finding that the exemption of such facility is in the public interest, can by Order issue a revised AppendixÊI. 3. NCLP is responsible for the safe and proper operation of its facilities consistent with the requirement of the Pipeline Act and other regulatory requirements. 4. NCLP is directed to file an annual report regarding each exempted facility in the form set out in Appendix III, or as the Commission may otherwise require, and to distribute copies to the shippers using the facility. 5. NCLP is directed to pay fees to the Commission in the amounts that the Commission determines are required to defray costs associated with the regulation of NCLP facilities. DATED at the City of Vancouver, in the Province of British Columbia, this ÊÊÊÊÊ6thÊÊÊÊÊÊÊday of August, 1997. BY ORDER Original signed by: Lorna R. Barr Deputy Chair and Acting Chair Attachments Order/NCLP/Part 3 Exempt
APPENDIX I to Order No.ÊG-89-97 NOVAGAS CLEARINGHOUSE LTD. Transportation and Processing Facilities in Northeastern B.C. Exempted from Part 3 Regulation 1. Peggo, Midwinter and Tooga area - pipelines, plant and related facilities. 2. Caribou Area - pipelines, plant and related facilities.
APPENDIX III to Order No.ÊG-89-97 ANNUAL REPORTING REQUIREMENTS Part 4 Complaint Regulation of Companies that Transport or Process Gas for Others A Report is required for each Separate, Significant Pipeline System or Processing Facility (Companies are to file Reports within 90 days after fiscal year end) 1.0 P revious Y ear A ctuals ¥ Facility name, location, function, capacity. ¥ Any significant changes in capacity during the year. ¥ Throughput during the year. ¥ Names, address, contact name and telephone number for each shipper.
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