COM/GFB/vfw
Mailed 6/24/2003
Decision 03-06-069 June 19, 2003
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of Wild Goose Storage, Inc., 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
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Application 02-09-006 (Filed September 3, 2002) |
O P I N I O N
TABLE OF CONTENTS
III. The Nature of the Transaction and the Relief Requested 33
V. Miscellaneous Procedural Matters 1919
VI. Comments on Draft Decision 1919
VII. Assignment of Proceeding 2020
I. Summary
We ordered Wild Goose Storage, Inc. (Wild Goose) to file this Application when we issued Decision (D.) 02-07-036, which amended Wild Goose's certificate of public convenience and necessity (CPCN) and authorized Wild Goose to construct and operate an expansion to its existing natural gas storage facility. In today's decision we determine that the holding company merger involving Wild Goose's original, ultimate parent has resulted in an indirect change of control over Wild Goose. Because the merger was finalized in Canada before this Application was filed, we approve the indirect change of control, since review of all of the circumstances indicates that, on balance, it is in the public interest to do so. However, consistent with recent Commission policy, authority is granted on a prospective basis only. To the extent the application requests retroactive authority, this decision denies the application. As prescribed by §§ 2107 and 2108, we levy a $51,500 penalty against Wild Goose for a continuing violation of § 854(a).1
