Docket P-6-1A
Order No. PW03-027
IN THE MATTER of
an application by Irving Oil Limited for amendments to its Schedule of Propane Rates, including cylinder and tank rental charges.BEFORE THE COMMISSION
On Thursday, the 16th day of October, 2003.
Ginger Breedon, Chair
Maurice Rodgerson, Vice-Chair
James Carragher, Commissioner
Order
UPON receiving applications from Irving Oil Limited (“Irving”) for approval to amend its propane pricing schedule as follows:
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An increase in certain yearly propane tank rental charges
| Cylinder/Tank | Current Annual Charge | Proposed Annual Charge |
| 420 lb. | $ 40.00 | $ 65.00 |
| 334 USG | 40.00 | 250.00 |
| 500 USG | 75.00 | 250.00 |
| 1000 USG | 125.00 | 250.00 |
| 1750/1800 USG | 175.00 | 250.00 |
| 2000 USG | 175.00 | 250.00 |
-
Change in the rental rate of the 33 lb. cylinder from $3.00 per month to a $3.00 handling fee per cylinder; and
-
A change in the tariff to include removal charges.
AND UPON reading the submission of Irving filed herein on September 2, 2003;
AND UPON it appearing to the Commission that the proposed changes are not just and reasonable;
AND UPON it further appearing to the Commission that the changes in propane tank rental charges as outlined in Appendix "A: to this Order which represents a 20% increase in the existing rates or charges, for other than 33 lb. cylinders, and a change from $3.00 per month to $3.00 per cylinder for 33 lb. cylinders, 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. an increase in yearly propane tank rental charges as contained in Irving's application is DENIED;
2. the application to change the rental rate of the 33 lb. cylinder from $3.00 per month to a $3.00 per cylinder handling fee is APPROVED;
3. the application to change the tariff to include removal charges is DENIED;
4. prices charged by Irving Oil Limited, effective 12:01 a.m. on Monday, October 20, 2003, be in accordance with Appendix "A" to this Order, and shall remain in effect until otherwise ordered by the Commission; and
5. the prices approved herein shall appear on all invoices covering sales or deliveries of propane.
DATED at Charlottetown, Prince Edward Island, this 16th day of October, 2003.
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 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.
(b) to participate as a party in the hearing of an appeal.