Docket P-2-4A
Order No. PW01-004

IN THE MATTER of an application by Irving Oil Limited for a downward adjustment of 8.4 cents per litre in all of its product prices and a non-crude related upward adjustment in its prices for petroleum distillates.

BEFORE THE COMMISSION

On Thursday, the 25th day of January, 2001

Wayne D. Cheverie, Q.C., Chair
Ginger Breedon, Vice-Chair
James Carragher, Commissioner

Order

UPON the application of Irving Oil Limited ("Irving or "the Company") for:

1.  a downward adjustment of 8.4 cents per litre in the prices of gasoline and distillate products contained in the Company's wholesale dealer and posted consumer tank truck pricing schedules based on decreased crude oil costs; and

2.  a non-crude related upward adjustment in the price of petroleum distillates;

AND UPON reading the Declaration of Claudette Maxwell, Pricing Representative for Irving, and supporting documentation filed herein on January 15, 2001;

AND UPON reading the Company’s submissions relating to non-crude-related pricing factors for petroleum distillates;

AND UPON considering crude oil and related cost factors for the month of December, 2000 and regional and seasonal non-crude-related pricing factors for distillate products;

AND UPON it appearing to the Commission that the prices resulting from the proposed crude-related downward adjustment for gasoline and distillate products are just and reasonable;

AND UPON it further appearing to the Commission that the prices resulting from a temporary non-crude related upward adjustment of 3 cents per litre in the wholesale posted consumer tank truck prices of distillate products are just and reasonable;

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and Petroleum Products Act,

IT IS ORDERED THAT

1.  the following wholesale tank truck prices are to be charged dealers in Prince Edward Island supplied by Irving Oil Limited, effective 12:01 a.m. on Thursday, February 1, 2001:

PRODUCT

 CENTS PER LITRE
(INCLUDING Federal Excise
and Provincial Taxes)
Regular Unleaded Gasoline

60.1
Mid-Grade Unleaded Gasoline 62.1
Premium Unleaded Gasoline 64.0
Low Sulphur Diesel 57.2

2. the following wholesale posted consumer tank truck prices, which do not include Provincial tax or seven per cent G.S.T., shall be in effect in the Province of Prince Edward Island for the wholesaler Irving Oil Limited, effective 12:01 a.m. on Thursday, February 1, 2001:

PRODUCT

 CENTS PER LITRE
(INCLUDING Federal
Excise Tax)
Regular Unleaded Gasoline

56.3
Mid-Grade Unleaded Gasoline 56.8
Premium Unleaded Gasoline 57.4
Diesel 50.1*
Low Sulphur Diesel 51.1*
Stove Oil 48.8*
Furnace Oil 47.6*

3. the above dealer prices, with seven per cent G.S.T. added, and the above posted consumer prices, with Provincial Tax (where applicable) and seven per cent G.S.T. added, shall be indicated on all documents accompanying deliveries of these products.

4. the prices stated in this Order, with adjustments resulting from tax changes only, shall remain in effect until otherwise ordered by the Commission.

* includes temporary 3 cents per litre adjustment.

DATED at Charlottetown, Prince Edward Island, this 25th day of January, 2001.

BY THE COMMISSION:

Wayne D. Cheverie, Q.C., Chair

Ginger Breedon, Vice-Chair

James Carragher, Commissioner

Notice:

Section 58 of the Petroleum Products Act reads as follows:

58.  Where any person has the status of a party or is an intervenor in any hearing before the Commission, he is entitled

(a)  to appeal the decision of the Commission to the Appeal Division; and
(b)  to participate as a party in the hearing of an appeal.

and an appeal shall be on a question of law or jurisdiction only and be governed by section 13 of the Island Regulatory and Appeals Commission Act.

Sections 13.1 (1) and (2) of the Island Regulatory and Appeals Commission Act provide as follows:

13.(1)  An appeal lies from a decision or order of the Commission to the Appeal Division of the Supreme Court upon a question of law or jurisdiction.

(2)  The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.