LETTER NO. L-31-02 ROBERT J. PELLATT SIXTH FLOOR, 900 HOWE STREET, BOX 250 COMMISSION SECRETARY VANCOUVER, B.C. CANADA V6Z 2N3 Commission.Secretary@bcuc.com TELEPHONE: (604) 660-4700 web site: http://www.bcuc.com BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 Log No. 1545 VIA FACSIMILE August 29, 2002 Mr. C.P. Donohue Director, Regulatory Affairs & Gas Supply Pacific Northern Gas Ltd. 950 - 1185 West Georgia Street Vancouver, B.C. V6E 4E6 Dear Mr. Donohue: Re: Pacific Northern Gas Ltd. and Pacific Northern Gas (N.E.) Ltd. Application for Reconsideration and Variance of the Decisions of the BCUC dated July 31, 2002 On August 22, 2002, Pacific Northern Gas Ltd. (“PNG”) and Pacific Northern Gas (N.E.) Ltd. (“PNG (N.E.)”) filed an Application for Reconsideration and Variance of the Decisions of the BCUC dated July 31, 2002 under Section 99 of the Utilities Commission Act (the “Act”). Section 99 of the Act states: “The commission may reconsider, vary or rescind a decision, order, rule or regulation made by it, and may rehear an application before deciding it.” Under Section 99 of the Act, the authority of the Commission to allow a reconsideration is discretionary. To determine if there is a reasonable basis to allow a reconsideration, the Commission assesses an application for reconsideration to determine if the applicant has demonstrated the existence, on a prima facie basis, of one or more of the following: 1. An error in fact or law; 2. A fundamental change in circumstance or facts since the decision; 3. A basic principle that had not been raised in the original proceedings; or 4. A new principle that has arisen as a result of the decision. The Commission exercises its discretion to reconsider in other situations where it considers there to be just cause. The Commission’s discretion to reconsider and vary a decision or order is applied with a view to ensuring that there is consistency and predictability in the Commission’s decision-making. For a reconsideration hearing to proceed, the reconsideration applicant is required, through reference to the Decision and through submissions and argument in support of the reconsideration, to meet the following criteria: 1. The claim of error appears to be substantiated on a prima facie basis; and 2. The error has significant material implications. PNG and PNG (N.E.) are invited to provide additional information in support of their request for reconsideration and variance by Wednesday, September 11, 2002. .../2
2 LETTER NO. L-31-02 Intervenors are invited to provide comments to the Commission, PNG/PNG (N.E.) and other intervenors by Monday, September 23, 2002 that address the following items: • Should there be a reconsideration by the Commission? • If there is to be a reconsideration, should the Commission hear new evidence and should new parties be given the opportunity to present evidence? • If there is to be a reconsideration, should it focus on the items from the application for reconsideration, a subset of these items or additional items? The comments should address whether the threshold for reconsideration has been met, for each issue as raised by PNG/PNG (N.E.), rather than the substance of the issue. If the Commission agrees to reconsider its Decisions, the parties will be allowed to address the substance of the issues that the Commission approves for reconsideration. PNG/PNG (N.E.) is to respond to intervenor comments by Monday, September 30, 2002. Yours truly, Original signed by: Robert J. Pellatt PWN/cms cc: Registered Intervenors PNG and PNG (N.E.) 2002 Revenue Requirements Applications PNG/PNG(NE)/2002RR Reconsider/Rqst for Cmts on Recnsdrtn
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