Docket P-2-1A
Order No. PW02-001

IN THE MATTER of an application by Ultramar Ltd. for an increase of 1.9 cents per litre in gasolines and an increase of 2.2 cents per litre in diesel prices in its dealer and consumer pricing schedules.

BEFORE THE COMMISSION

On Tuesday, the 29th day of January, 2002

Ginger Breedon, Chair
Maurice Rodgerson, Vice-Chair
James Carragher, Commissioner

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Order

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UPON receiving the application of Ultramar Ltd. ("Ultramar") for an increase of 1.9 cents per litre (cpl) in gasolines and an increase of 2.2 cpl in diesel prices in its dealer and consumer pricing schedules; 

AND UPON reading the Declaration of Tom Ptolemy, Co-ordinator, Heating-Commercial Programs, and supporting documentation filed herein on January 14, 2002;

AND UPON considering the submission of Ultramar as well as current international, national and regional market and related conditions;  

AND UPON it appearing to the Commission that the prices resulting from a continuation of the currently approved prices of gasolines, diesel fuel and stove oil are just and reasonable;   

AND UPON it appearing to the Commission that a reduction of 1.8 cpl in furnace oil will result in a price that is 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 application for changes in the approved prices of all products contained in Ultramar's dealer and posted consumer tank truck pricing schedules is denied;

2.  the currently approved petroleum prices for Ultramar's gasolines, diesel fuel and stove oil shall remain in effect until otherwise ordered by the Commission;

3  Ultramar's furnace oil price shall be reduced by 1.8 cpl from its currently approved price;

4.  the following wholesale tank truck prices are to be charged dealers in Prince Edward Island supplied by Ultramar Ltd., effective 12:01 a.m. on Friday, February 1, 2002:

PRODUCT	CENTS PER LITRE (INCLUDING Federal Excise and Provincial Taxes)
Regular Unleaded Gasoline	50.4
Mid-Grade Unleaded Gasoline	52.4
Premium Unleaded Gasoline	54.3
Low Sulphur Diesel	52.5

5.  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 Ultramar Ltd., effective 12:01 a.m. on Friday, February 1, 2002:

PRODUCT	CENTS PER LITRE (INCLUDING Federal Excise Tax)
Regular Unleaded Gasoline	47.2
Mid-Grade Unleaded Gasoline	47.9
Premium Unleaded Gasoline	48.6
Diesel	43.0
Low Sulphur Diesel	43.0
Stove Oil	41.6
Furnace Oil	38.1

6. the above dealer prices, with seven per cent G.S.T. added, shall be indicated on all documents accompanying deliveries of these products;

7. 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 29th day of January, 2002.

BY THE COMMISSION:

Ginger Breedon, Chair

Maurice Rodgerson, Vice-Chair

James Carragher, Commissioner

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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.