B R I T I S H C O L U M B IA U T IL I T I E S C O M M I S S I O N O R D E R N U M B E R P-5-01 SIXTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER, B.C. V6Z 2N3 CANADA TELEPHONE: (604) 660-4700 web site: http://www.bcuc.com BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 IN THE MATTER OF the Pipeline Act, R.S.B.C. 1996, Chapter 364 and the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and An Application for Reconsideration of the British Columbia Utilities Commission’s Decision on Tolls, Shipper Commitments, and Suspension of Service on the Taylor to Kamloops Oil Pipeline BEFORE: P. Ostergaard, Chair ) B.L. Clemenhagen, Commissioner ) October 19, 2001 K.L. Hall, Commissioner ) O R D E R WHEREAS: A. On December 29, 2000, Plateau Pipe Line Ltd. (“Plateau”) filed an Application for permanent tolls effective September 7, 2000 and January 1, 2001 in accordance with Order No. P-10-00 for deliveries of crude oil to Prince George and to Kamloops; and B. In April 2001, the Commission held a public hearing into Plateau’s Application and, on June 26, 2001, issued its Decision and Order No. P-3-01 establishing permanent rates, denying the request for shipper commitments, and denying the application for suspension of service; and C. On August 15, 2001, Plateau filed an application for review of the Decision (“the Reconsideration Application”) pursuant to Section 99 of the Utilities Commission Act. Plateau submitted that the Decision contains errors of fact and law which result in prejudice and possible damage to Plateau and Pembina Pipeline Corporation (“Pembina”) and which constitute grounds for the Commission to reverse its Decision; and D. In the August 15, 2001 filing, Plateau also requested a stay of Order No. P-3-01 and the directions of the June 26, 2001 Decision pending the Reconsideration Application and/or the outcome of an appeal to the Court of Appeal. The Commission considered the request for a stay as a separate application (the “Application for Stay”); and . . ./2
2 E. On August 17, 2001, the Commission requested written submissions on the Reconsideration Application and the Application for Stay from registered intervenors by August 29, 2001, to which Plateau was to respond by September 6, 2001; and F. Submissions were received from Imperial Oil Resources, Husky Oil Operations Limited, Calpine Natural Gas Partnership, the Canadian Association of Petroleum Producers, and Chevron Canada Resources; and G. On September 6, 2001, Plateau filed a response to the submissions of certain intervenors; and H. The Commission has considered Plateau’s Reconsideration Application and Application for Stay, the submissions of the registered intervenors and Plateau’s response as set forth in the Decision issued concurrently with this Order. NOW THEREFORE the Commission orders that the Reconsideration Application and the Application for Stay are denied. DATED at the City of Vancouver, in the Province of British Columbia, this 19 Orders/PPL-Appl Reconsd’tn DecisionB R I T I S H C O L U M B IA U T I L I T I E S C O M M I S S I O N O R D ER N U M B ER P-5-01 th day of October 2001. BY ORDER Original signed by: Peter Ostergaard Chair
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