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 Commission’s Reasons for Decision and draft Order responding to
Unocal’s 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 Unocal’s 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 Unocal’s request, it wishes to obtain the view of the parties who participated
in the proceeding on Unocal’s 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
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.