Docket P-2-2A
Order No. PW01-039IN THE MATTER of an application by Shell Canada Products Limited for an increase of 1.3 cents per litre in all of its product prices.
BEFORE THE COMMISSION
On Wednesday, the 27th day of June, 2001.
Wayne D. Cheverie, Q.C., Chair
Ginger Breedon, Vice-Chair
Maurice Rodgerson, Commissioner
James Carragher, Commissioner
Order
UPON receiving the application of Shell Canada Products Limited (“Shell”) for an increase of 2.4 cents per litre in the prices of all products contained in its dealer and posted consumer tank truck pricing schedules based on increased crude oil costs;
AND UPON reading the Declaration of Norman Bryenton, Shell’s Territory Consultant-Quebec & Atlantic, and supporting documentation filed herein on June 15, 2001;
AND UPON considering the within application as well as current international, national and local market and related conditions;
AND UPON considering the following comments contained in orders of the Commission issued on June 28, 2000 respecting the then available wholesaler margins:
…the Commission gave consideration to the issue raised by wholesalers regarding the very low level of markup margin presently available, and the continued and recently increased volatility of the crude oil and, more particularly, gasoline product markets. The Commission in considering these issues and its overall legislative mandate to “…ensure at all times a just and reasonable price for heating fuel and motor fuel to consumers and licensees…” is of the opinion that a situation does exist in the marketplace today that requires a further adjustment in the price available in the dealer pricing schedule. Therefore, as provided under Section 27 (a) of the Petroleum Products Act, the Commission will, on an interim basis, grant approval to maintain the price of all grades of gasoline … at their current levels.
AND UPON reviewing wholesale margin levels and current market conditions, it appears to the Commission that the interim approval granted in June, 2000 should be replaced with a further interim price adjustment that will see approved gasoline prices for the month of June, 2001 continued in effect for the month of July, 2001;
AND UPON it further appearing to the Commission that the prices resulting from the proposed increase are just and reasonable;
NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the 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 Shell Canada Products Limited, effective 12:01 a.m. on Sunday, July 1, 2001;
PRODUCT
CENTS PER LITRE
(INCLUDING Federal Excise
and Provincial Taxes)Regular Unleaded Gasoline 66.0
Mid-Grade Unleaded Gasoline 68.0 Premium Unleaded Gasoline 69.9 Low Sulphur Diesel 65.0 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 Shell Canada Products Limited, effective 12:01 a.m. on Sunday, July 1, 2001:
PRODUCT
CENTS PER LITRE
(INCLUDING Federal
Excise Tax)Regular Unleaded Gasoline 59.1
Mid-Grade Unleaded Gasoline 60.9 Premium Unleaded Gasoline 62.7 Diesel 55.0 Low Sulphur Diesel 55.5 Stove Oil 54.0 Furnace Oil 52.0 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 quoted in this Order, with adjustments resulting from tax changes only, shall remain in effect until otherwise ordered by the Commission.
DATED at Charlottetown, Prince Edward Island, this 27th day of June, 2001.
BY THE COMMISSION:
Wayne D. Cheverie, Q.C., Chair
Ginger Breedon, Vice-Chair
Maurice Rodgerson, Commissioner
James Carragher, Commission
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.