6. Assignment of Proceeding

John A. Bohn is the assigned Commissioner and Myra J. Prestidge is the assigned Administrative Law Judge in this proceeding.

Findings of Fact

1. Pacific is a public utility, which is subject to the Commission's jurisdiction and is operating in California.

2. Pacific is a Delaware limited liability company which is authorized to do business in California.

3. Pacific is directly owned by PEG, which is also a Delaware limited liability company.

4. Both Pacific and PEG are ultimately owned and controlled by Plains All American, a publicly traded master limited partnership.

5. Plains is a Texas limited partnership that is authorized to do business in California.

6. Plains is also ultimately owned and controlled by Plains All American.

7. Pacific owns and operates oil pipeline and storage facilities in Southern California and provides oil storage and transportation services to third party users pursuant to its Commission-approved tariffs.

8. Plains is responsible for the group of entities owned by Plains All American that provide petroleum storage and terminal operations; other types of storage, such as liquefied natural gas; and services related to terminaling and storage, such as marine towing and trucking.

9. PEG's ownership of Pacific is a vestige of Pacific's prior owner, Pacific Energy Partners, LP, which merged with Plains All American, as authorized in D.06-09-017, in 2006.

10. PEG has no active role in the management or day-to-day operations of Pacific.

11. Applicants wish to transfer the direct ownership and control of Pacific to Plains as part of a reorganization aimed to increase efficiency and to decrease paperwork for the entities ultimately owned and controlled by Plains All American.

12. As a result of the reorganization, Pacific will be directly owned and controlled by Plains, which is responsible for the entities within Plains All American that provide terminaling and storage services.

13. Plains All American will retain the ultimate ownership and control of Pacific after the reorganization.

14. The reorganization will not change the day-to-day management or operations of Pacific.

15. The reorganization will not affect the rates, terms, and conditions under which Pacific currently provides service to customers in California.

16. The reorganization will not adversely affect the public interest or California customers receiving service from Pacific.

17. Pacific's proposed new name, "Plains West Coast Terminals LLC" reflects its new ownership by Plains, as approved in this order.

18. The application was filed on May 22, 2009.

19. Notice of the filing of the application was posted on the Commission Daily Calendar on May 29, 2009.

20. No protests to the application were filed.

21. No hearings are necessary.

Conclusions of Law

1. Section 854 requires advance Commission approval of the transfer of control of a public utility, in order to protect the public interest.

2. The reorganization, and the transfer of Pacific to Plains, is in the public interest and should be approved.

3. The change in Pacific's name to "Plains West Coast Terminals LLC" should be approved.

4. In order to avoid delaying this transaction, the approval of the application should be made effective immediately.

ORDER

IT IS ORDERED that:

1. Application 09-05-019 is approved pursuant to Public Utilities Code Section 854. This approval authorizes the following actions:

a. The transfer of the immediate ownership and control of Pacific Terminals LLC to Plains Marketing, L.P., as described in the application; and

b. A change in the name of Pacific Terminals LLC to "Plains West Coast Terminals LLC."

2. Applicants shall file a Tier 1 advice letter, which resubmits its tariffs under its new business name "Plains West Coast Terminals LLC," with the Commission Energy Division within 30 days of the issuance of this order.

3. Application 09-05-019 is closed.

This order is effective today.

Dated November 20, 2009, at San Francisco, California.

Previous PageTop Of PageGo To First Page