BRIT ISH COLU MBIA UTIL IT IES COM MISSION ORDER NUMBER G ‐116‐08 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 Wholesale Energy Group Ltd. and Terasen Gas Inc. Application for Order Declaring Marketer Failure and Revoking Marketer’s Licence BEFORE: A.A. Rhodes, Commissioner August 7, 2008 O R D E R WHEREAS: A. On April 23, 2007 Terasen Gas Inc. and Wholesale Energy Group Ltd. (“Wholesale Energy”) executed a Rate Schedule 36 agreement; and B. BC Utilities Commission (“Commission”) Order A‐19‐07 dated October 12, 2007 approved a Residential/Commercial Gas Marketer Licence for Wholesale Energy; and C. On August 2, 2008 Terasen Gas Inc. (“Terasen Gas”) concurrently filed a Notice of Marketer Failure for Wholesale Energy and provided a copy of the Application for an Order declaring Market Failure and revoking Wholesale Energy’s Licence as a Gas Marketer; and D. On August 1, 2008 Universal Energy Corporation (“Universal Energy”) applied to the Commission for approval to complete the transfer and assignment of all Wholesale Energy’s residential and commercial gas service Consumer Agreements to Universal Energy; and E. On August 2, 2008 by Order G‐115‐08 the Commission suspended the Gas Marketer Licence of Wholesale Energy, effective August 2, 2008 pending a review process; and F. On August 6, 2007 by Order A‐7‐08 the Commission permitted Universal Energy to acquire the residential and commercial Consumer Agreements of Wholesale Energy. Should the transfer of Customer Agreements not be completed the approval will terminate six months from the date of Order A‐7‐08. . . ./2
2 NOW THEREFORE pursuant to section 71.1(6) of the Utilities Commission Act the Commission orders as follows: 1. The written hearing process as described in Order G‐115‐08 is deferred pending the completion of the purchase of Wholesale Energy’s Consumer Agreements by Universal Energy. 2. The Gas Marketer Licence of Wholesale Energy remains suspended. 3. Wholesale Energy is to inform the Commission immediately if the sale of the Wholesale Energy’s Consumer Agreements to Universal Energy will not be completed within the six month window granted for approval of the transfer. DATED at the City of Vancouver, in the Province of British Columbia, this 7 OrderG‐116‐08_TGIMarketFailWEGTransfer BRIT ISH COLUMBIA UTIL IT IES COMMISSION ORDER NUMBER G‐116‐08 th day of August 2008. BY ORDER Original signed by A.A. Rhodes Commissioner
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