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Docket PD909
Order PC15-01

IN THE MATTER of application by Granville Enterprises Inc. for a licence to operate a retail gasoline and diesel outlet at 519 Granville Street, Summerside, PE.

BEFORE THE COMMISSION

J. Scott MacKenzie, Q.C., Chair
M. Douglas Clow, Vice-Chair
John Broderick, Commissioner

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Decision and Order

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Contents

Appearances & Witnesses

Reasons for Decision and Order

1.    Introduction

2.    Discussion and Finding

3.    Disposition

Order

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Appearances & Witnesses

1.  For the Applicant: GRANVILLE ENTERPRISES INC.

Counsel:
William F. Dow, Q.C. and Lauren Keefe, Carr, Stevenson & MacKay

Witnesses:
Dan MacIsaac
Jeff Doucette

2.  For Intervener in Opposition: WILSON FUEL CO. LIMITED

Counsel:
Kevin J. Kiley and Thomas B. Keeler, McInnes Cooper

Witnesses:
Douglas MacDonald
Michael P. Gardner

3. Member of the Public

Jamie Fox

4. For the Commission:

Counsel:
M. Lynn Murray, Q.C., Key Murray Law

Staff:
Allison MacEwen, Director of Regulatory Services

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Reasons for Decision and Order

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1.  Introduction

[1] Granville Enterprises Inc. filed an application with the Commission on July 23, 2014 for an initial license to operate a retail split-serve gasoline and diesel outlet, consisting of four pumps and a total of eight nozzles, one dedicated to full service gasoline and two dedicated to diesel, to be located at 519 Granville Street, Summerside, Prince Edward Island.  The application was filed pursuant to the Petroleum Products Act, R.S.P.E.I. 1988, Cap. P-5.1 (the "Act").  

[2]   Section 20 of the Act sets forth the criteria the Commission must consider when issuing a license: 

20. When issuing a license with respect to the operation of an outlet operated by a retailer, the Commission shall consider the public interest, convenience and necessity by applying such criteria as the Commission may from time to time consider advisable including but not restricted to the demand for the proposed service, the location of the outlet, traffic flows and the applicant's record of performance. 

[3]  Public notice of the Application was duly given by publication in The Guardian and in The Journal Pioneer newspapers on September 18, 2014.  Notice of Application was also published in La Voix Acadienne newspaper on September 24, 2014. 

[4]  Wilson Fuel Co. Limited provided notice to the Commission of its opposition to the Application and its intention to intervene in the Application by letter from its legal counsel, McInnes Cooper Inc., dated October 10, 2014.

[5]  The Commission also received two letters objecting to the Application; Mr. Jamie Fox by email to the Commission dated October 7, 2014 and a letter from Mr. Donald Arsenault to the Commission dated October 8, 2014. 

[6]  A public hearing on the Application was held by the Commission on March 3 and 4, 2015. 

[7]  Following the public hearing the Applicant and the Intervenor filed written submissions with the Commission.

2.  Discussion and Finding

[8]  The Commission has considered the Application, the submissions of the Applicant, Intervenor, Mr. Fox, and Mr. Arsenault.  The Commission finds and determines that the Applicant has met the requirements of the Act and that a retail outlet license should be issued to the Applicant upon the terms and conditions as are set out in the Order below.  The Commission has determined that an Order should now be issued in this matter. The Commission shall provide detailed reasons for the finding that the Applicant has met the requirements of the Act and the Order granted herein in due course.

3. Disposition