SIXTH FLOOR, 900 HOWE STREET, BOX 250 VANCOUVER, B.C. V6Z 2N3 CANADA web site: http://www.bcuc.com IN THE MATTER OF the Utilities Commission Act, R.S.B.C. 1996, Chapter 473 and An Application by Direct Energy Marketing Limited Transfer of Planet Energy Gas Contracts under the Residential/Commercial Unbundling Program BEFORE: L.F. Kelsey, Commissioner P.E. Vivian, Commissioner A.A. Rhodes, Commissioner O R D E R WHEREAS: A. Article 28 of the Code of Conduct for Gas Marketers, Transfer of Agreements requires that the assignment, sale or transfer of a Gas Marketer’s Consumer agreements to another Gas Marketer must be approved in advance by the Commission; and B. By Order No. A-1-08 dated January 23, 2008 the Commission approved Direct Energy Marketing Ltd.’s (“Direct Energy”) proposed transaction to acquire Planet Energy (B.C.) Ltd.’s (“Planet Energy”) Residential Gas Marketer contracts and requested clarification of Commission requirements to approve the transaction C. By letter dated February 25, 2008, Direct Energy advised the Commission that the proposed transfer of Planet Energy’s Residential Gas Marketer contracts would not be completed as both parties have decided not to proceed with the transaction; and D. Pursuant to Section 99 of the Utilities Commission Act, the Commission may reconsider, vary or rescind a decision, order, rule or regulation made by it, and may rehear an application before deciding it. NOW THEREFORE pursuant to section 99 of the Utilities Commission Act the Commission rescinds Order No. A-1-08. DATED at the City of Vancouver, in the Province of British Columbia, this 13 Orders/A-4-08_DEML Rescind A-1-08 Planet Energy Contracts Transfer BRITISH COL UMBIA UTILITIES COM MISSION ORDER NUMBER A -4-08 TELEPHONE: (604) 660-4700 BC TOLL FREE: 1-800-663-1385 FACSIMILE: (604) 660-1102 March 13, 2008 th day of March 2008. BY ORDER Original signed by L.F. Kelsey Commissioner
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