BRITISH COL UMBIA UTILITIES COM MISSION ORDER NUMBER G -164-07 SIXTH FLOOR, 900 HOWE STREET, BOX 250 TELEPHONE: (604) 660-4700 VANCOUVER, B.C. V6Z 2N3 CANADA BC TOLL FREE: 1-800-663-1385 web site: http://www.bcuc.com FACSIMILE: (604) 660-1102 IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and Smart Energy Corporation Breach of the Code of Conduct for Gas Marketers Third Party Verification Compliance BEFORE: L.F. Kelsey, Commissioner December 19, 2007 O R D E R WHEREAS: A. Commission Order No. G-140-07 dated November 15, 2007 prohibited Smart Energy from signing additional customers to sales contracts under the Residential Commodity Unbundling Program until Smart Energy could demonstrate to the satisfaction of the Commission that it could provide digitally recorded TPV calls to comply with Order No. G-73-07; and B. On November 21, 2007 Smart Energy provided the Commission with a report which outlined the remedy that would allow Smart Energy to provide TPV calls within three days of recording in compliance with Order No. G-73-07, a memo to its sales agents confirming new procedures, and a TPV script; and C. The Commission reviewed the TPV script and found that it did not comply with Order No. G-73-07; and D. On November 27, 2007 Smart Energy provided the Commission with a revised TPV script; and E. By Commission Order No. G-144-07, the Commission permitted Smart Energy to sign customers to sales contracts under the Residential Commodity Unbundling Program provided that Smart Energy files, until further notice from the Commission, copies of all contracts submitted to Terasen Gas Inc. for registration in the Residential Commodity Unbundling Program, accompanied by a TPV recording for each contract, within three days of the date the contract is submitted; and F. By email dated December 12, 2007, the Commission received from Terasen Gas Inc. a list of Smart Energy’s enrollments for December 7, 2007; and G. Smart Energy provided by mail on December 7, 2007 to the Commission copies of contracts and respective TPV recordings for five of the ten enrollments submitted to Terasen Gas Inc. on December 7, 2007; and …/2
2 H. By letter dated December 13, 2007, the Commission noted Smart Energy’s apparent non-compliance with Commission Order No. G-144-07 and requested copies of certain contracts and respective TPV recordings, along with Smart Energy’s comments on the apparent non-compliance with Commission Order No. G-144-07, before end of business day December 14, 2007; and I. The Commission has not received comments from Smart Energy regarding the apparent non-compliance; and J. The Commission found that Smart Energy has not been in compliance with Commission Order No. G-144-07, and further, Smart Energy is not in compliance with Commission Order No. G-73-07; and K. The Commission, by Order No. G-161-07 dated December 18, 2007, imposed certain restrictions on Smart Energy and required certain filings of Smart Energy; and L. Smart Energy has provided evidence that the requirement to provide comments on the apparent noncompliance has been met and has provided a copy of its December 14, 2007 letter to the Commission. NOW THEREFORE pursuant to section 99 of the Utilities Commission Act the Commission rescinds Commission Order No. G-161-07. DATED at the City of Vancouver, in the Province of British Columbia, this 19 Orders/G-164-07_Smart Energy_Rescind Order G-161-07 BRITISH COLUMBIA UTILITIES COMMISSION ORDER NUMBER G-164-07 th day of December 2007. BY ORDER Original signed by L. F. Kelsey Commissioner
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