Docket P-2-1A
Order No. PW02-009

IN THE MATTER of an application by Ultramar Ltd. for an increase of 1.2 cents per litre in the prices of gasolines, diesel fuel and stove oil, and an increase of 3.0 cents per litre in furnace fuel prices.

BEFORE THE COMMISSION

On Tuesday, the 26th day of February, 2002

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

Order

UPON receiving the application of Ultramar Ltd. (“Ultramar”) for an increase of 1.2 cents per litre (cpl) in prices of gasolines, diesel fuel and stove oil, and an increase of 3.0 cpl in furnace fuel prices; 

AND UPON reading the Declaration of Tom Ptolemy, Co-ordinator, Heating-Commercial Programs, and supporting documentation filed herein on February 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:

1)    an increase of 0.5 cent per litre in gasoline prices in both dealer and consumer schedules; and

2)    a decrease of 2.4 cents per litre in dealer diesel prices

will result in prices that are just and reasonable;   

AND UPON it further appearing to the Commission that the prices resulting from a continuation of the currently approved prices of consumer diesel fuel, stove oil and furnace fuel 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 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.  Ultramar's gasoline prices shall be increased by 0.5 cent per litre and its dealer diesel prices shall be decreased by 2.4 cents per litre from the currently approved prices;

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

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, March 1, 2002:

PRODUCT

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

50.9
Mid-Grade Unleaded Gasoline 52.9
Premium Unleaded Gasoline 54.8
Low Sulphur Diesel 50.1

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, March 1, 2002:

PRODUCT

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

47.7
Mid-Grade Unleaded Gasoline 48.4
Premium Unleaded Gasoline 49.1
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 26th day of February, 2002.

BY THE COMMISSION:

Ginger Breedon, Chair

Maurice Rodgerson, 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.