B R I T I S H C O L U M B I A U T IL I T I E S C O M M I S S I O N a O R D ER N U M B E R A-3-98 SIXTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER, B.C. V6Z 2N3 CANADA TELEPHONE: (604) 660-4700 web site: http://www.bcuc.com BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and an Application by Apollo Gas Inc. for an Agents/Brokers/Marketers Licence BEFORE: P. Ostergaard, Chair ) L.R. Barr, Deputy Chair ) November 5, 1998 K.L. Hall, Commissioner ) O R D E R WHEREAS: A. On April 29, 1998, Enershare Technology Corporation (“Enershare”) advised the Commission that it had agreed to the sale of its customer direct purchase natural gas business conducted in British Columbia to Apollo Gas Inc. (“Apollo”) effective May 7, 1998. Enershare confirmed that the performance bond required by Order No. A-2-97 would be transferred to Apollo and that Apollo would be making an application to the Commission for an A/B/M Licence covering the period May 7, 1998 to October 31, 1998; and B. On April 30, 1998, Apollo applied for an A/B/M Licence and provided the Commission with Surety Performance Bond No. 114163 with London Guarantee Insurance Company, in the amount of $250,000, that is to be used to guarantee the performance of Apollo’s gas supply contracts to November 1, 1998. The Commission, by Order No. A-2-98, approved the issue of an A/B/M Licence to Apollo covering the period May 7 to October 31, 1998; and C. On October 1, 1998 Apollo applied for an A/B/M Licence for the period November 1, 1998 to October 31, 1999 and provided the Commission with evidence of continuation of its Surety Performance Bond No. 114163 with London Guarantee Insurance Company, in the amount of $250,000, that is to be used to guarantee the performance of Apollo’s gas supply contracts to October 31, 1999; and D. The Commission has reviewed the application by Apollo and, relying upon the information and representations made by Apollo contained in its application, finds that approval of an A/B/M Licence, subject to conditions, is required. NOW THEREFORE the Commission orders as follows: 1.0 The Commission issues to Apollo an A/B/M Licence for the period November 1, 1998 to October 31, 1999. 2.0 The A/B/M Licence is issued subject to the following conditions: 2.1 Apollo will carry out the undertakings set out in Section 19 of its October 1, 1998 Application; 2.2 Apollo will comply with the approved A/B/M Code of Conduct; . . . /2
2.3 Apollo will maintain the Performance Bond in full force and effect for the duration of the A/B/M Licence; 2.4 Apollo will maintain a Working Capital position of at least $50,000 and a Current Ratio of current assets to current liabilities of at least 1.10. 2.5 The Commission may, at any time and without prior notice to Apollo, withdraw the A/B/M Licence for reasons the Commission, in its sole discretion, deems and considers sufficient; and 2.6 The A/B/M Licence and all copies of it shall remain the property of the Commission and Apollo will return these documents forthwith upon written request from the Commission. DATED at the City of Vancouver, in the Province of British Columbia, this 17th day of November, 1998. Attachment Orders/Apollo-ABM LicenceB R I T I S H C O L U M B I A U T I L I T I E S C O M M I S S I ON O R D ER N U M B E R A-3-98 2 BY ORDER Original signed by: Peter Ostergaard Chair
a CERTIFICATE A-3-98 AGENTS BROKERS MARKETERS LICENCE APOLLO GAS INC. is granted a licence for the purpose of providing advice to, or acting on behalf of, core market customers purchasing gas directly in the Province of British Columbia subject to the terms and conditions contained in Commission Order No. A-3-98, which are set out on the reverse of the Licence. BRITISH COLUMBIA UTILITIES COMMISSION Original signed by: CHAIR DATE: NOVEMBER 5, 1998 EXPIRES: OCTOBER 31, 1999
The A/B/M Licence is issued subject to the following conditions: 1. Apollo Gas will carry out the undertakings set out in Section 19 of its Application. 2. Apollo Gas will comply with the approved ABM Code of Conduct. 3. Apollo Gas will maintain a satisfactory performance bond or acceptable substitute in full force and effect at all times when it is participating in buy/sell arrangements. 4. Apollo Gas will maintain a Working Capital position of at least $50,000 and a Current Ratio of current assets to current liabilities of at least 1.10. 5. The Commission may withdraw the licence for reasons it considers sufficient. 6. The licence and all copies of it remain the property of the Commission and Apollo Gas will return these documents upon request.
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