BRITISH COL UMBIA UTILITIES COM MISSION ORDER NUMBER G -59-08 SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660-4700 VANCOUVER, B.C. V6Z 2N3 CANADA BC TOLL FREE: 1-800-663-1385 web site: http://www.bcuc.com FACSIMILE: (604) 660-1102 IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and A Filing by Aitken Creek Gas Storage ULC of a Firm Natural Gas Storage Agreement as a Rate BEFORE: L.F. Kelsey, Commissioner P.E. Vivian, Commissioner March 27, 2008 O R D E R WHEREAS: A. The Commission, by Letter No. L-47-06 dated August 25, 2006, advised Unocal Canada Limited (“Unocal”) that it had concluded that Unocal, as owner and/or operator of the Aitken Creek Storage Facility, falls within the definition of a public utility under the Utilities Commission Act (the “Act”); and B. By Order No. C-6-07 dated July 6, 2007, the Commission granted Unocal a Certificate of Public Convenience and Necessity for the Aitken Creek Storage Facility pursuant to Section 45 of the Act; and C. By Order No. G-167-07 dated December 18, 2007 the Commission approved the transfer of the Aitken Creek Storage Facility from Unocal to its wholly owned subsidiary Aitken Creek Gas Storage ULC (“ACGS”). ACGS is now the owner and operator of the Aitken Creek Storage Facility; and D. On December 7, 2007, the Commission requested advance approval of the Lieutenant Governor in Council to issue an exemption order to ACGS pursuant to Section 88(3) of the Utilities Commission Act; and E. On March 17, 2008, Unocal applied (the “Application”) to the Commission for an order accepting for filing, on an interim basis pursuant to Sections 59, 61, 90 and 91 of the Act, a Firm Natural Gas Storage Agreement dated March 12, 2008 between Unocal and Powerex Corporation (“Powerex”); and . . ./2
2 F. The Commission has reviewed the Application and finds acceptance of the agreement as requested in the Application to be in the public interest. NOW THEREFORE the Commission orders as follows: 1. Pursuant to Sections 59, 61, 90 and 91 of the Act, the Commission accepts for filing on an interim basis effective April 1, 2008, the Firm Natural Gas Storage Agreement dated March 12, 2008 between ACGS and Powerex. 2. ACGS will provide a copy of this Order to Powerex. DATED at the City of Vancouver, in the Province of British Columbia, this 27 Orders/G-59-08_Aitken Creek ULC_Interim Gas Storage with Powerex BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G-59-08 th day of March 2008. BY ORDER Original signed by L.F. Kelsey Commissioner
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