6. Discussion

This application is filed pursuant to Pub. Util. Code § 454. Consistent with Pub. Util. Code § 455.3, Pacific Pipeline has given the Commission and all shippers no less than 30 days' notice of the rate change. Following that notice, a pipeline corporation is entitled to change its rates prior to Commission approval, barring suspension or other action by the Commission.

We find that EOTT has not stated a case for suspension of the new rates. Moreover, it has not set forth the facts it would present at an evidentiary hearing to support its request for denial of the application, as required by Rule 44.2 of the Rules of Practice and Procedure. EOTT does not challenge the assertion that increased investment has been made in Line 63, and that this in turn increases ratebase in the facility. EOTT's speculation that Pacific Pipeline seeks to subsidize the Pacific System with revenue from the Line 63 system is not supported by facts. Contrary to EOTT's assertions, Pacific Pipeline's request for a 5% increase in rates is justified by the increased ratebase for the facility and by the need for a reasonable rate of return.

Accordingly, the protest is dismissed, and the application is approved.

In Resolution ALJ 176-3047, dated September 21, 2000, the Commission preliminarily categorized this proceeding as ratesetting, and preliminarily determined that hearings were not necessary. Based on the record, we conclude that a public hearing is not necessary, nor is it necessary to alter the preliminary determinations in Resolution ALJ 176-3047.