A0209006/D0306069 Comr Brown's Alt Dec For review under Public Utilities Code Section 851 et seq. of the transfer of indirect control of Wild Goose Storage, Inc., to Encana Corporation or, in the alternative, request for declaratory order.

II. Background

In D.97-06-091, the Commission granted Wild Goose a CPCN to provide natural gas storage services at market-based rates. Wild Goose was the first independent storage provider to receive a CPCN from the Commission. Recently, in D.02-07-036, the Commission amended Wild Goose's CPCN to authorize, subject to certain conditions, construction and operation of an expansion to Wild Goose's existing gas storage facility. One of the conditions, set forth in Ordering Paragraph 25 of D.02-07-036, stems from trade press reports of a pending holding company merger between Wild Goose's ultimate parent and another entity. Ordering Paragraph 25 provides:

Within 45 days of the date of this order, Wild Goose shall file an appropriate application under Pub. Util. Code §§ 851 et seq. for review by this Commission of the impact on Wild Goose of the merger of AEC and PanCanadian Energy Company, forming EnCana Corporation, and for any and all Commission authority required under those statutes.

On September 3, 2002, Wild Goose filed the instant Application in compliance with Ordering Paragraph 25.