British Columbia Order in Council — Order under Utilities Commission Canadian Midstream Services Ltd (O.C. 1302/2000)

O.C. 1302/2000

British Columbia — Orders in Council

Presidin mber of the Executive Council PROVINCE OFSRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 1302 , Approved and Ordered r- stp 1 5 2000 Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that approval is given to the British Columbia Utilities Commission to exempt Canadian Midstream Services Ltd. from provisions of the Utilities Commission Act for the purposes and subject to the terms substantially set out in the attached draft order of the British Columbia Utilities Commission. Minister o Employment and Investment (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Utilities Commission Act,

section 88 (3) Other (specify): 1100 AKJUU9

SIXTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER. B C. V8Z 2N3 CANADA sNA COL& CO 'AA*Lk d '7 0 C: co6N co ' BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G-xx-00 TELEPHONE: (604) 880-4700 BC TOLL FREE: 1-800-683-1385 FACSIMILE: (804) 880-1102 IN THE MA 11 ER OF the Utilities Commission Act, R.S.B.C. 1996,

Chapter 473 and DRAFT An Application by Canadian Midstream Services Ltd. for an Exemption Covering the Transportation and Processing of Natural Gas BEFORE: ORDER

WHEREAS: A. On July 31, 1997, by Order No. G -89-97 and on August 28, 1998, by Order No. G-77-98, with the approval of the Lieutenant Governor in Council, the Commission, pursuant to

Section 88(3) of the Utilities Commission Act ("the Act"), approved for Novagas Clearinghouse Ltd. ("NCL") an exemption from

Part 3 of the Act for the facilities ("the facilities") in British Columbia which NCL used to transport or process natural gas for others; and B. NCL had entered into service contracts with several customers who it served through the use of pipelines, ;as plants and related facilities which it owned; and C. Facilities which have been exempted from

Part 3, other than Sections 24 and 25, may continue to be regulated under the Act on a complaint basis; and D. On April 17, 2000, Canadian Midstream Services Ltd. ("CMSL") applied to the Commission for an exemption from

Part 3 of the Act for natural gas gathering and processing facilities in British Columbia which it purchased from .fransCanada Midstream, the successor in interest to NCL, and which CMSL uses to transport and process natural gas for others; and E. CMSL has entered into service contracts with several customers who it proposes to serve through the use of pipelines, gas plants and related facilities which it owns or will own, and may enter into additional similar contracts in the future; and F. The Commission has considered the Application and is satisfied that an Order, under

Section 88(3) of the Act, exempting the CMSL transportation and processing facilities from the requirements under

Part 3, other than Sections 24 and 25, properly conserves the public interest; and G. On the approval of the Lieutenant Governor in Council was given to the said exemption by Order in Council No. ___, which is attached as Appendix II; and H. Order in Council No. __ provides that the approval to exempt a facility applies to a transportation or processing facility not listed in

Schedule A of the Order in Council after CMSL advises the Commission in writing that CMSL will begin to use the facility to transport or process natural gas for others; and I.

Section 99 of the Act provides that the Commission may reconsider, vary' or rescind an Order made by it.

BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G-77-98 2

NOW THEREFORE the Commission orders as follows: 1. Pursuant to

Section 88(3) of the Act, the Commission approves for CMSL the exemption from

Part 3 of the Act, other than Sections 24 and 25, of the facilities listed in Appendix I which CMSL uses to transport or process natural gas for others, effective the date of this Order. 2. Facilities listed in Appendix I to this Order will be regulated under the Act on a complaint basis, with a complaint taking a form similar to that of an application by an interested party under the Common Carrier and Common Processor sections of

Part 4 of the Act with respect to facilities operated by a person declared to be a common carrier or common processor. 3. CMSL is directed to advise the Commission, in writing, of any facility which is not listed in Appendix I and which CMSL intends to use to transport and process natural gas for others, so that the Commission, on finding that the exemption of such facility is in the public interest can, by Order, issue a revised Appendix I. 4. CMSL is responsible for the safe and proper operation of its facilities consistent with the requirements of the Pipeline Act and other regulatory requirements. 5.

CMSL is directed to file an annual report regarding each exempted facility in the form set out in Appendix III, or as the Commission may otherwise require, and to distribute copies to the shippers using the facility. 6. CMSL is directed to pay fees to the Commission in the amounts that the Commission determines are required to defray costs assoc;ated with the regulation of CMSL facilities. DATED at the City of Vancouver, in the Province of British Columbia, this day of. BY ORDER Original signed by: Attachments ts," v-f4 rira ; :4 J Order/Novagas-ExemptFacilities

APPENDIX I to Order No. O-XX-00 Page 1 of 1 CANADIAN MIDSTREAM SERVICES LTD. Transportation and Processing Facilities in British Columbia Exempted from

Part 3 Regulation Peggo, Midwinter and Tooga area - all pipelines, plant and related facilities.

APPENDIX II to Order No. G-xx-00 Page 1 of 2 Order in Council No. , which is attached as Appendix II (-- -- fr U N

P) i.,' T. .1 -pm j 11 0 AL If- A " 1

APPENDIX II to Order No. G-gq=511 PROVINCE OF BRITISH COLUMBIA Page I of 2 ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL V17 Ceara' No. Ali3;3* Apposvernind Ordered =1172449.M— came Comma Chambers. Victoria Atimunsermla. On the recommendation of the undersigned. the ingetennommasamr. by and with the advice and consent of the ecutive Council. orders that 1 In this order: "commission" means the British Columbia Utilities Commission: "company" means Savagalo.Glassweaaawiwit— Cat ,6, 64; e „ 441 .0tr T y& 4riN feethc.e.l t 74/ "facility" means a facility that the company uses to transport or process natural gas for others. 2 Approval is given to the commission to (

a) subject to

section 3. exempt the company from the application of

Part 3 of the Utilities Commission Act. except sons 24 and 2.5. in respect of facilities. or (

b) rescind an exemption granted under paragraph (

a) for a facility if the commission considers that the exemption is not in the public interest. 3

Section 2 (

a) applies (

a) to a facility listed in SrhertiiIP A. and (

b) to a facility not listed in

Schedule A beginning after the company advises the commission in writing that the company will begin to use the facility to transport or process natural gas for others. Admentstratos J I Pflostrung Mower°, the Eteawye Corley' ( Thu pan ss ler ostarssustenve purposes easy pips as mos an as oils &Ina Amharic, guider which Order as arras nano scosow• Utilities Commis:on Act. R.S.B.C. 1996. c.. 473.

section 88 (3) Other tirPsaht • May-6:4997

APPENDIX 11 to Order No. G-11=91. Page 2 of 2

SCHEDULE A i mug tu thedurite t t Ewa 32Tr. Canadian Alloish.a-ann Stk, Natural Gas Transportation and Processing Facilities in British Columbia Exempted from

Part 3 Regulation 1 Peggo. Midwinter and Tooga Area — all pipelines, plant and related facilities.

APPENDIX III to Order No. G-xx-00 Page 1 of 1 ANNUAL REPORTING REQUIREMENTS complaint Regulation of Companies that Transport or Process Gas for Others A Report is required for each Separate, Significant Pipeline System or Processing Facility (Companies are to file Reports within 90 days after fiscal year-end) 1.0 Previous Year Actuals • Facility name, location, function, capacity. • Any significant changes in capacity during the year. • Throughput during the year. • Names, address, contact name and telephone number for each shipper. DRAFT

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1302/2000
Type	order_in_council
Volume / chapter	arc oic 1302 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	ce754bda96cc2c97290cc9e590ed87368a763aa6

Source file is stored in the law ingest library (pdf).