British Columbia Order in Council — Order under Utilities Commission Approval is given to the British Columbia Utilities Commission to exempt JJH Equipment Trust from provisions of the ACT for the purposes and subject to the terms set out in the draft order of the British Columbia Utilities Commission (O.C. 1397/2000)

O.C. 1397/2000

British Columbia — Orders in Council

PROVINCE BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No. 1397 , Approved and Ordered OCT 1 2 2000 ViniteifariPZ;womOr Executive Council Chambers, Victoria i4dBinlstrarot Administrator On the recommendation of the undersigned, the titsentaffighlmoor, by and with the advice and consent of the Executive Council, orders that approval is given to the British Columbia Utilities Commission to exempt JJH Equipment Trust 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 of Employment and Investment Press• ing M mber of the Executive Council (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): P-0-4075`" 01

cr- A cAA CO`, <9. --.. 0) * BRITISH UTILITIES ORDER NUMBER COLUMBIA COMMISSION G- -00 a legesf e. XTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER, B.C. V8Z 2N3 CANADA weyr.) site: htto://www.bcuc.com Vs. s COW4N TELEPHONE: (804) 660-4700 BC TOLL FREE: 1.800-683-1385 FACSIMILE: (804) 660-1102 IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996,

Chapter 473 and An Application by JJH Equipment Trust for an Exemption Covering the Jedney 1, Jedney II and Highway Transportation and Processing Facilities BEFORE: P. Ostergaard, Chair , Commissioner , Commissioner , Commissioner , 2000 ORDER

WHEREAS: A. On August 25, 2000, JJH Equipment Trust ("the Trust") applied to the Commission under

Section 88(3) of the Utilities Commission Act ("the Act") for an exemption from

Part 3 of the Act with respect to its proposed ownership of the Jedney I, Jedney II, and Highway natural gas transportation and processing facilities listed in Appendix I ("the Jedney and Highway Facilities") in northeast British Columbia which are used by Westcoast Gas Services Inc. ("WGSI") to provide natural gas transportation and processing services to others; and B. The Trust will acquire the Jedney and Highway Facilities from WGSI under a sale lease-back transaction pursuar.. to which the Trust will own the facilities and !ease them to WGSI for a specified period of time.

During the term of the lease WGSI will continue to operate the Jedney and Highway Facilities and use the facilities to transport and process natural gas for others; and C. On August 6, 1997, by Order No. G-90-97, and on August 28, 1998, by Order No. G-76-98, the Commission approved for WGSI an exemption from

Part 3, other than Sections 24 and 25, of the Jedney and Highway Facilities and certain other facilities used by WGSI to transport or process natural gas for others; and D. Facilities which have been exempted from

Part 3 of the Act may continue to be regulated under the Act on a complaint basis; and

BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G--00 2 E. The Commission has considered the Application and is satisfied that an Order, under

Section 88(3) of the Act, exempting the Trust in respect of the Jedney and Highway Facilities from the requirements under

Part 3 of the Act, other than Sections 24 and 25, properly conserves the public interest; and F. On 2000, the approval of the Lieutenant Governor in Council was given to the said exemption by Order in Council No. , which is attached as Appendix H; and '3.

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

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

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

Part 3 of the Act, other than Sections 24 and 25, of the Jedney and Highway Facilities, effective the date of this Order. 2. The Jedney and Highway Facilities will continue to 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 a facility that has been declared a common carrier or common processor facility. 3. During the term of the lease, WGSI is to comply with the operating and reporting directives of Commission Order No. G-76-98. 4. The Trust is directed to pay fees to the Commission in the amounts that the Commission determines are required to defray costs associated with the regulation of the Jedney and Highway Facilities. DATED at the City of Vancouver, in the Province of British Columbia, this day of 2000. BY ORDER Peter Ostergaard Chair Attachments Order/WGS1-11H EquIpTrust-Exempt

APPENDIX I to Order No. G- -00 Page 1 of 1 JJH EQUIPMENT TRUST Transportation and Processing Facilities in British Columbia Exempted from

Part 3 Regulation 1. Jedney I area - all pipelines, plant and related facilities. 2. Jedney II area — all pipelines, plant and related facilities. 3. Highway area — all pipelines, plant and related facilities.

APPENDIX H to Order No. G- -00 Page 1 of I Order in Council No. , 2000, which is attached as Appendix II On the recommendation of the undersigned, the Lieutenant Governor/Administrator, by and with the advice and consent of the Executive Council, orders that I. In this order: "commission" means the British Columbia Utilities Commission "facilities" means the Jedney I, Jedney II and Highway natural gas transportation and processing facilities 2. Approval is given to the commission to: (

a) exempt the facilities from the application of

Part 3 of the Utilities Commission Act, except sections 24 and 25, or (

b) rescind the exemption under paragraph (

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

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1397/2000
Type	order_in_council
Volume / chapter	arc oic 1397 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	da6808cedc065ff7c65aa0799fe29caeb0753bb9

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