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LETTER NO. L-46-07 SIXTH FLOOR, 900 HOWE STREET, BOX 250 ROBERT J. PELLATT VANCOUVER, B.C. CANADA V6Z 2N3 COMMISSION SECRETARY TELEPHONE: (604) 660-4700 Commission.Secretary@bcuc.com BC TOLL FREE: 1-800-663-1385 web site: http://www.bcuc.com FACSIMILE: (604) 660-1102 Log No. 20177 VIA E-MAIL June 15, 2007 UNOCAL Aitken Creek Storage Facility Exemption EXHIBIT A-13 TO: Unocal Canada Limited Registered Intervenors Interested Parties Re: Unocal Canada Limited (“Unocal”) Application for an Exemption pursuant to Section 88(3) of the Utilities Commission Act for the Aitken Creek Storage Facility Request to Permit Expiry of Interim CPCN The Commission has received the enclosed letter dated June 8, 2007 from counsel for Unocal Canada Limited (“Unocal”) requesting clarification of the Commissions Reasons for Decision and draft Order responding to Unocals application for an exemption from all provisions of the Utilities Commission Act (the Act”). The Commission will respond to this request by a separate letter. In the June 8 th letter Unocal also requests that the interim Certificate of Public Convenience and Necessity (“CPCN”) for the Aitken Creek Storage Facility (the Storage Facility”) be permitted to expire effective the date that Unocal is exempted from Section 45 of the Act. The Reasons for Decision refer to the interim CPCN and Section 41 of the Act at page 23. Page 24 of the Reasons for Decision states: The Commission concludes that it should approve an exemption for Unocal from Part III of the Act except for Sections 24, 25, 38, 39, 41, 42, 52, 53 and 54 for the Storage facility. It otherwise denies the request for an exemption from the remaining sections for the Act. Unocal will continue to be subject to the Act with respect to the Storage Facility on a complaint basis.” Section 41 of the Act states: No discontinuance without permission 41 A public utility that has been granted a certificate of public convenience and necessity or a franchise, or that has been deemed to have been granted a certificate of public convenience and necessity, and has begun any operation for which the certificate or franchise is necessary, or in respect of which the certificate is deemed to have been granted, must not cease the operation or a part of it without first obtaining the permission of the commission.” The Commission seeks comments on Unocals request with respect to the interim CPCN and, in particular, as to whether the expiry of the interim CPCN would preclude the application of Section 41 of the Act and whether this could impair the ongoing regulation of the Storage Facility on a complaint basis. …/2
LETTER NO. L-46-07 2 Before the Commission responds to Unocals request, it wishes to obtain the view of the parties who participated in the proceeding on Unocals application for an exemption. Therefore, Intervenors and Interested Parties are invited to file written submissions on the Unocal requests by Friday, June 22, 2007, with a copy to Unocal. Unocal will reply in writing to the submissions by Friday, June 29, 2007. Upon completion of the written comment process, the Commission will make a determination on the Unocal request. Yours truly, Original signed by: Robert J. Pellatt JBW/cms Enclosure cc: The Honourable Wally Oppal, Minister Ministry of Attorney General Ms. Sheila Doyle Manager, Legislation Program Ministry of the Attorney General Sheila.Doyle@gov.bc.ca PF/Unocal_AitkenCrk Xmptn/A-13_Expiry of Interim CPCN Rqst
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