2020-01-17 letter from pkmjf to bcuc re confirmation of ... … · 5 2019-12-10 c1-4 letter from...

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Rosa Twyman Ph: 403.930.7991

[email protected] Our matter #: 1005.044

January 17, 2020

VIA E-Filing

British Columbia Utilities Commission Suite 410, 900 Howe Street Vancouver, BC V6Z 2N3 Attention: Patrick Wruck, Commission Secretary

Dear Mr. Wruck,

Re: Project No. 1598984 British Columbia Utilities Commission (“BCUC”) PKM Canada (Jet Fuel) Inc. (“PKMJF”) 2019-2021 Rate Application Confidential Documents Filed in Response to Information Requests 22.1 and 23.1 and Confirmation of Confidential Documents Provided to Vancouver Airport Fuel Facilities Corporation (“VAFFC”) and Parkland Refining (BC) Ltd. (“Parkland”)

1. PKMJF herein confirms that all confidential documents requested by VAFFC and Parkland in this proceeding have been provided to both VAFFC and Parkland.

A. Appendix A 13.1-5: Return on Rate Base “2018 KMI Cost of Debt” (“Supplemental Cost of Debt Data”)

2. On November 21, 2019, the BCUC granted Kinder Morgan Canada (Jet Fuel) Inc. (“KMJF”)’s request for confidentiality over Supplemental Cost of Debt Data of its supplemental responses to VAFFC and the BCUC information requests.1 On November 25, 2019, VAFFC filed a letter with the BCUC requesting access to the Supplemental Cost of Debt Data.2 On December 5, 2019 the BCUC granted VAFFC’s request and directed KMJF to provide VAFFC with the Supplemental Cost of Debt Data.3 KMJF provided VAFFC with a letter enclosing the Supplemental Cost of Debt Data by e-mail on December 16, 2019 (the “Dec 16/19 E-mail”). A copy of the Dec 16/19 E-mail and cover letter is attached hereto as Schedule 1.4 On January 14, 2020, VAFFC requested

1 A-19 2019-11-21 Letter from BCUC re Response to Confidential 2018 KMJF Cost of Debt Information Letter; B-

18 2019-10-01 Submission from KMJF to BCUC re Supplemental Response to VAFFC IR Responses. 2 C2-9 2019-11-25 Letter from VAFFC to BCUC re Request to Access Supplemental Cost-of-Debt Data. 3 A-22 2019-12-05 BCUC Letter to VAFFC re Response to Request for Confidential Information. 4 All Schedules attached hereto are provided without the confidential documents referred to in the relevant

Schedules, while the confidential documents were enclosed when sent to either VAFFC or Parkland.

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Yvonne.Lapierre

KMJF 2019 Tariff Filing

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that KMJF provide VAFFC with a copy of the Supplemental Cost of Debt Data for a second time. KMJF consented to this request and provided VAFFC with the Supplemental Cost of Debt Data on January 16, 2020, as indicated in the e-mail and enclosed letter from KMJF to VAFFC, attached hereto as Schedule 2.

3. On December 10, 2019, Parkland filed a letter with the BCUC requesting access to the Supplemental Cost of Debt Data.5 KMJF consented to Parkland’s request and couriered hard copies of the Supplemental Cost of Debt Data to Parkland on December 23, 2019, as requested by Parkland.

B. Documents Identified in Table A (the “Table A Confidential Documents”)

4. On January 10, 2020, the BCUC granted the request for confidentiality over the documents identified in Table A6 of the KMJF’s letter dated December 18, 2019.7 PKMJF consented to providing the Table A Confidential Documents, and on January 16, 2020, PKMJF provided the Table A Confidential Documents to both VAFFC and Parkland as indicated in the attached Schedule 2 and Schedule 3, respectively.

Yours truly,

<Submitted electronically>

Rosa Twyman Regulatory Law Chambers cc: Colm Boyle, Legal Counsel for Pembina PKMJF Shippers

5 2019-12-10 C1-4 Letter from Parkland to BCUC re Request Access to Confidential Supplemental Cost of Debt

Data. 6 Ex. A-25 2020-01-10 Letter from BCUC to PKMJF re Response to Confidential IR Request. 7 Ex. B-27 2019-12-18 Letter from KMJF to BCUC re Request for Confidentiality of Certain Documents re IR 22.1

and 23.1.

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1

Lois Morys

From: Laura ScottSent: Thursday, January 16, 2020 3:43 PMTo: Lois MorysSubject: FW: CONFIDENTIAL - Project No. 1598984 - BCUC - KMJF 2019 Tariff Filing Proceeding - VAFFC

Request to Access Confidential DocumentAttachments: CONFIDENTIAL 2019-12-16 Letter from KMJF to VAFFC Enclosing Supplemental Cost of Debt Data

(00102695xC5DFB).pdf

Follow Up Flag: Follow upFlag Status: Completed

Laura Scott T 403.930.7996 | C 403.399.8823

601-888 Fourth Avenue SW | Calgary, Alberta T2P 0V2

regulatorylawchambers.ca | Follow us on LinkedIn Important Notice: The information contained in this email, including any attached files, may be confidential, proprietary and/or legally privileged. If you are not the intended recipient, or have received this email in error, please notify the sender immediately and be advised that any review, disclosure, distribution or other use of this e-mail, including any attached files, is strictly prohibited.

From: Laura Scott Sent: December 16, 2019 10:19 PM To: [email protected] Cc: Rosa Twyman <[email protected]> Subject: CONFIDENTIAL ‐ Project No. 1598984 ‐ BCUC ‐ KMJF 2019 Tariff Filing Proceeding ‐ VAFFC Request to Access Confidential Document Hi Matthew, Please see the attached correspondence regarding the above noted matter. Kind regards, Laura Scott T 403.930.7996 | C 403.399.8823


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PDF p 1 of 4Schedule 1

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December 16, 2019

VIA E-MAIL

Vancouver Airport Fuel Facilities Corporation c/o Norton Rose Fulbright LLP 1800 – 510 West Georgia Street Vancouver, BC V6B 0M3 [email protected]

Attention: Mr. Matthew Keen, Counsel for Vancouver Airport Fuel Facilities Corporation

Dear Mr. Keen,

Re: Project No. 1598984 British Columbia Utilities Commission (“BCUC”) Kinder Morgan Canada (Jet Fuel) Inc. (“KMJF”) 2019 Tariff Filing Proceeding Vancouver Airport Fuel Facilities Corporation (“VAFFC”) Request to Access Confidential Document

1. On October 30, 2019 KMJF filed an application for an order to keep confidentialAppendix A 13.1-5: Return on Rate Base “2018 KMI Cost of Debt” (“Supplemental Costof Debt Data”) of its supplemental responses to Vancouver Airport Fuel FacilitiesCorporation (“VAFFC”) and BCUC information requests.1 On November 21, 2019, theBCUC granted KMJF’s request for confidentiality over the Supplemental Cost of DebtData.2 On November 26, 2019, VAFFC requested access to the Supplemental Cost ofDebt Data.3 On December 5, 2019, the BCUC issued a letter granting VAFFC’s requestto access the confidential Supplemental Cost of Debt Data, specifically to those VAFFCrepresentatives who have signed the Confidentiality Declaration and Undertaking Forms,and directing KMJF to provide the confidential document directly to VAFFC.4

1 B-19 2019-10-30 Letter from KMJF to BCUC for Request to Keep Cost of Debt Confidential.2 A-19 2019-11-21 Letter from BCUC re Response to Confidential 2018 KMJF Cost of Debt Information Letter.3 C2-9 2019-11-26 Letter from VAFFC to CER re Confidential Data Request.4 A-22 2019-12-05 BCUC Letter to VAFFC re Response to Request for Confidential Information.


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2. Subject to only providing the Supplemental Cost of Debt Data to those VAFFCrepresentatives who have signed the Confidentiality Declaration and Undertaking Forms,please find enclosed a confidential copy of the Supplemental Cost of Debt Data.

Yours truly,


Rosa Twyman Regulatory Law Chambers

cc: Bruce Reed, Manager-Tariffs and Regulatory Affairs for KMJF


1

Lois Morys

From: Lois MorysSent: Thursday, January 16, 2020 1:41 PMTo: Keen, MatthewCc: Rosa Twyman; Laura ScottSubject: 2020-01-16 Letter from PKMJF to VAFFC re Providing Confidential DocumentsAttachments: 2020-01-16 Letter from PKMJF to VAFFC re Providing Confidential Documents re Table A

(00103106xC5DFB).pdf

Hi Matthew,

Thank you for providing confirmation. Please see attached a letter from Pembina consenting to VAFFC’s request for access to the confidential documents.

Regards, Lois

Lois Morys D 403.930.7997 C 403.826.7567


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January 16, 2020

Vancouver Airport Fuel Facilities Corporation c/o Norton Rose Fulbright Canada LLP 1800 - 510 West Georgia Street Vancouver, BC V6B 0M3

Attention: Matthew D. Keen, Counsel for Vancouver Airport Fuel Facilities Corporation

Dear Mr. Keen,

Re: Project No. 1598984 British Columbia Utilities Commission (“BCUC”) PKM Canada (Jet Fuel) Inc. (“PKMJF”) 2019-2021 Rate Application Confidential Documents Filed in Response to Information Requests 22.1 and 23.1 and Request of Such Documents from Vancouver Airport Fuel Facilities Corporation (“VAFFC”)

1. On January 10, 2020, the BCUC granted the request for confidentiality over thedocuments identified in Table A (the “Table A Confidential Documents”)1 of the KinderMorgan Canada (Jet Fuel) Inc. (“KMJF”) letter dated December 18, 2019.2 KMJF is theprior owner of the pipeline.

2. On January 10, 2020, PKMJF received correspondence from A. Baer, Associate -Norton Rose Fulbright Canada LLP requesting copies of the Table A ConfidentialDocuments.

3. On January 14, 2020, PKMJF advised VAFFC that PKMJF would provide the Table AConfidential Documents subject to VAFFC requesting the Table A Confidentialdocuments in compliance with section 24 of the BCUC Rules of Practice and Procedure(“BCUC Rules”). On January 14, 2020, VAFFC also requested that PKMJF provide theSupplemental Cost of Debt data a second time.

4. On January 14, 2020, VAFFC filed a request to the BCUC for PKMJF to provide a copyof the Table A Confidential Documents, in accordance with section 24.02 of the BCUCRules. PKMJF consents to VAFFC’s request to access to the Table A ConfidentialDocuments.

1 Ex. A-25 2020-01-10 Letter from BCUC to PKMJF re Response to Confidential IR Request. 2 Ex. B-27 2019-12-18 Letter from KMJF to BCUC re Request for Confidentiality of Certain Documents re IR 22.1

and 23.1.


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5. Please find the following link to a confidential copy of the Supplemental Cost of DebtData and the Table A Confidentiality Documents (collectively, the “ConfidentialDocuments”).

Ex. B-20-1 Supplemental Cost of Debt Data and Ex. B-27-2 Table A Confidentiality Documents.

The link will remain active for fourteen (14) days from the date of this letter.

6. The Confidential Documents are provided to you with the express undertaking that theConfidential Documents only be provided to those individuals at VAFFC, or third partyexpert consultants of VAFFC retained for the specific purpose of providing opinion orevidence in the above-noted proceeding, that have complied with the direction by theBCUC in its letter dated January 10, 2020 and section 24 of the BCUC Rules, includinghaving signed Confidentiality Declaration and Undertaking Forms in accordance withRule 24.03.

7. Please advise the undersigned immediately if you are unable to comply with thisundertaking and return all electronic or paper copies of the Confidential Documents tomy attention.

Yours truly,


Rosa Twyman Regulatory Law Chambers

cc: Colm Boyle, Legal Counsel for Pembina


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1

Lois Morys

From: Rosa TwymanSent: Thursday, January 16, 2020 4:45 PMTo: Lois MorysSubject: FW: PKMJF Tariff Filing - Project No. 1598984 Request for Access to Confidential Documents Table AAttachments: 2020-01-16 Letter from PKMJF to Parkland re Providing Confidential Documents re Table A

(00103105-2xC5DFB).pdf

From: Laura Scott Sent: Thursday, January 16, 2020 11:03 AM To: Will Shaw <[email protected]> Cc: Rosa Twyman <[email protected]> Subject: RE: PKMJF Tariff Filing ‐ Project No. 1598984 Request for Access to Confidential Documents Table A Hi Will, Thank you for providing confirmation. Please see attached a letter from Pembina consenting to Parkland’s request for access to the confidential documents. The original letter and confidential documents are being couriered to your office today. Thank you, Laura Laura Scott T 403.930.7996 | C 403.399.8823


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January 16, 2020

VIA COURIER

Parkland Refining (BC) Ltd. c/o Lawson Lundell LLP Suite 1600 Cathedral Place 925 West Georgia Street Vancouver, BC V6C 3L2

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Attention: Mr. Will Shaw, Counsel for Parkland

Dear Mr. Shaw,

Re: Project No. 1598984 British Columbia Utilities Commission ("BCUC")


[email protected] Our matter#: 1005.044

PKM Canada (Jet Fuel) Inc. ("PKMJF") 2019-2021 Rate Application Confidential Documents Filed in Response to Information Requests 22.1 and 23.1 and Request of Such Documents from Parkland Refining (BC) Ltd. (" Parkland")

1. On January 10, 2020, the BCUC granted the request for confidentiality over the documents identified in Table A (the "Table A Confidential Documents")1 of the Kinder Morgan Canada (Jet Fuel) Inc. ("KMJF") letter dated December 18, 2019.2 KMJF is the prior owner of the pipeline.

2. On December 24, 2019,3 Parkland filed a request with the BCUC in accordance with section 24.02 of the BCUC Rules of Practice and Procedure ("BCUC Rules") to be provided a copy of the Table A Confidential Documents, which letter also stated that Parkland was "dealing with KMJF directly to obtain the Confidential Documents Table A". Parkland and PKMJF have since corresponded regarding Parkland's request for access to the Table A Confidential Documents.

3. Please find enclosed a confidential copy of the Table A Confidentiality Documents.

4. The Table A Confidential Documents are being provided to Parkland with the express undertaking that the Table A Confidential Documents only be provided to those

2

3

Ex. A-25 2020-01 -10 Letter from BCUC to PKMJF re Response to Confidential IR Request.

Ex. B-27 2019-12-18 Letter from KMJF to BCUC re Request for Confidentiality of Certain Documents re IR 22.1 and 23.1.

Ex. C1-6 2019-12-24 Letter from Parkland to BCUC re Request Access Table A Confidential Documents.

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individuals at Parkland, or third party expert consultants of Parkland retained for the specific purpose of providing opinion or evidence in the above-noted proceeding, that have complied with the direction by the BCUC in its letter dated January 10, 2020 and section 24 of the BCUC Rules, including having signed Confidentiality Declaration and Undertaking Forms in accordance with Rule 24.03.

5. Please advise the undersigned immediately if you are unable to comply with this undertaking and return all electronic or paper copies of the Table A Confidential Documents to my attention.

Rosa /4n Regu atory Law Chambers

cc: Calm Boyle, Legal Counsel for Pembina

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