Decision 2009-213 Interim Order Compelling Gas Service November 10, 2009
ALBERTA UTILITIES COMMISSION Decision 2009-213: Interim Order Compelling Gas Service Application No. 1605607 November 10, 2009 Published by Alberta Utilities Commission Fifth Avenue Place, 4th Floor, 425-1 Street SW Calgary, Alberta T2P 3L8 Telephone: (403) 592-8845 Fax: (403) 592-4406 Web site: www.auc.ab.ca
ALBERTA UTILITIES COMMISSION Calgary Alberta COCHRANE LAKES GAS CO-OP LTD. Decision 2009-213 INTERIM ORDER COMPELLING GAS SERVICE Application No. 1605607 1 INTRODUCTION 1. On Wednesday November 4, 2009 the Alberta Utilities Commission (AUC or Commission) received a complaint from Ms. Milla Tchernetsky about the Cochrane Lakes Gas Co-op Ltd. (Cochrane Lakes), pursuant to section 30(3) of the Gas Distribution Act, R.S.A. 2000, c. G-3 (Gas Distribution Act). In her complaint, Ms. Tchernetsky indicates that Cochrane Lakes is failing to provide her with gas service although she wishes to receive gas service from that organization. 2 BACKGROUND 2. The Commission understands that Ms. Tchernetsky and her children live in the Summer Village of Waiporous which is located within the franchise area of Cochrane Lakes. 3. The Commission understands that on October 23, 2009, Ms. Tchernetsky s gas service was disconnected by Cochrane Lakes and has not been reconnected. At the time her service was disconnected Ms. Tchernetsky owed money to Cochrane Lakes for gas services that organization had provided. 4. The Commission understands that Ms. Tchernetsky s account was paid in full on November 6, 2009, but on November 9, 2009 Cochrane Lakes had still not provided her with gas service. As such, the Commission understands that Ms. Tchernetsky is continuing to pursue her complaint about Cochrane Lakes before the Commission. 3 COMMISSION FINDINGS 5. The Commission has authority to compel Cochrane Lakes to provide Ms. Tchernetsky with gas service. Cochrane Lakes is the owner of a rural gas utility and a distributor 1 that has the exclusive right and duty to offer and provide gas services to all potential consumers within its franchise area. 2 The Commission understands that Ms. Tchernetsky is a potential consumer within Cochrane Lakes franchise area and Cochrane Lakes prima facie, must offer and provide Ms. Tchernetsky with gas service pursuant to the Gas Distribution Act. 1 2 Gas Distribution Act, section 1(c) and section 1(p). Pursuant to those sections, a distributor is the owner of a rural gas utility and a rural gas utility is a system of pipelines used for the supply, transmission, distribution and delivery of gas to consumers. Gas Distribution Act, section 18(1). Section 18(1) states: A distributor holding a franchise area approval has both the exclusive right and the duty to offer and provide gas service to all potential consumers within the distributor s franchise area. AUC Decision 2009-213 (November 10, 2009) 1
Interim Order Compelling Gas Service 6. The Commission has authority to compel others to perform their statutory duties. Under section 23(1)(a) the Alberta Utilities Commission Act the Commission may order any person to do any act, matter or thing, forthwith that the person is required to do under any other enactment. 3 As such the Commission concludes that it can compel Cochrane Lakes to perform its statutory duties, including its prima facie duty under the Gas Distribution Act to provide Ms. Tchernetsky with gas service. 7. The Commission is of the opinion that this matter is urgent. Ms. Tchernetsky and her children are without gas service and thus without heat in the month of November. It is uncertain how long it will take for the Commission to hear Ms. Tchernetsky s complaint and issue a decision under section 30 of the Gas Distribution Act. As such, the Commission issues this order without notice pursuant to section 24(1) of the Alberta Utilities Commission Act. 4 8. The Commission has decided to order Cochrane Lakes to provide gas service to Ms. Tchernetsky on an interim basis, pursuant to section 8(5)(c) of the Alberta Utilities Commission Act, until such time as the Commission decides Ms. Tchernetsky s complaint or until such time as it otherwise orders or directs, as set out in more detail below. 4 DECISION 9. THE COMMISSION HEREBY ORDERS THAT: (a) (b) (c) Cochrane Lakes provide Ms. Tchernetsky with gas service forthwith and in any event no later than 5:00 p.m. on November 10, 2009 on the terms and conditions of service, and at the rates, tolls and charges that Cochrane Lakes provides such gas service to consumers that consume a comparable amount of gas as Ms. Tchernetsky; This order is made on an interim basis until such time as the Commission decides Ms. Tchernetsky s complaint, or otherwise orders or directs; and, Cochrane Lakes may apply to the Commission by November 24, 2009 to vary or rescind this order, pursuant to section 24(2) of the Alberta Utilities Commission Act. 3 4 Alberta Utilities Commission Act, section 23(1)(a). Section 23(1)(a) states: The Commission may order any person to do any act, matter or thing, forthwith or within or at a specified time and in any manner directed by the Commission, that the person is or may be required to do under this Act or any other enactment or pursuant to any decision, order or rule of the Commission. Alberta Utilities Commission Act, section 24(1). 2 AUC Decision 2009-213 (November 10, 2009)
Interim Order Compelling Gas Service Dated in Calgary, Alberta on November 10, 2009. ALBERTA UTILITIES COMMISSION (original signed by) Carolyn Dahl Rees Vice-Chair (original signed by) Tom McGee Commissioner AUC Decision 2009-213 (November 10, 2009) 3