BRIT ISH COLU MBIA UTIL IT IES COM MISSION ORDER NUMBER A ‐20‐09 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 An Application by Superior Energy Management Gas LP for Renewal of its Gas Marketer Licence BEFORE: L.F. Kelsey, Commissioner D.A. Cote, Commissioner October 22, 2009 P.E. Vivian, Commissioner O R D E R WHEREAS: A. On August 26, 2009 Superior Energy Management Gas LP (“Superior Energy”) applied to the British Columbia Utilities Commission (“Commission”) for renewal of its Gas Marketer Licence (“Application”). The Application for Licence renewal included the payment of the $1,000 Application Fee and a $250,000 Letter of Credit, pursuant to items 2 and 3 respectively, of the Licence Requirements; and B. The Commission has reviewed Superior Energy’s Application and relying upon the information and representations made by Superior Energy, finds that renewal of its Gas Marketer Licence, subject to conditions, is warranted. NOW THEREFORE pursuant to section 71.1(6) of the Utilities Commission Act the Commission orders as follows: 1. The Commission issues to Superior Energy a Gas Marketer Licence for the period November 1, 2009 to January 15, 2010. 2. The Gas Marketer Licence is subject to the following conditions: 2.1 Superior Energy will carry out the undertakings as set out in the Application for a Licence to Market Natural Gas dated August 26, 2009 and the Rules for Gas Marketers. …/2
BRIT ISH COLUMBIA UTIL IT IES COMMISSION ORDER NUMBER A‐20‐09 2 2.2 Superior Energy will comply with the Code of Conduct for Gas Marketers and Rate Schedule 36 of Terasen Gas Inc. 2.3 Superior Energy will maintain a Letter of Credit or acceptable substitute in full force and effect for the duration of the Licence. 2.4 Superior Energy 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 Superior Energy, amend or impose new terms and conditions on, suspend, or cancel the Gas Marketer Licence for reasons the Commission, in its sole discretion, deems and considers sufficient. 2.6 The Gas Marketer Licence and all copies of it shall remain the property of the Commission and Superior Energy will return these documents forthwith upon written request from the Commission. 2.7 Superior Energy will continue to file a salesperson activity report with the Commission every three months which must be filed with the Commission within 15 business days following the last date of the reporting period. The report must contain sales activity information with respect to all active salespersons employed by Superior Energy within the reporting period. The information to be provided by Superior Energy is outlined in the MS Excel template, attached as Appendix A to Order A‐22‐08A. Superior Energy will use the template for filing the report. Upon review of the report, the Commission may call upon Superior Energy and/or its salesperson(s), or sales managers to attend at the Commission office to discuss compliance issue(s). 2.8 Superior Energy must make contact with a customer within 3 business days, upon receipt of a verbal or written enquiry or complaint. A record of the response, either in writing or as a recording, will be made available by Superior Energy upon request from the Commission. 2.9 Superior Energy will record and maintain all of its inbound and outbound telephone conversations. The digital recordings will be made available by Superior Energy within three days of the initial recording and must be provided upon request of the Commission. …/3
3 2.10 Upon receipt of a web enrollment for service, Superior Energy will forward its written agreement to sign‐up for service and obtain from the customer a signed agreement in return. An electronic signature must be obtained from the customer via Superior Energy’s website; however Superior Energy must be in receipt of a signed hard copy of the agreement before the customer is registered with Terasen Gas Inc. All documents must be maintained on file and available to the Commission in accordance with the Code of Conduct. 2.11 Superior Energy will complete a Third Party Verification call, in accordance with the Code of Conduct for Gas Marketers, for all customers who sign‐up for service by internet marketing. The Third Party Verification must take place after the signed written agreement is received from the customer and before the enrollment of the customer is registered with Terasen Gas Inc. 2.12 Superior Energy is granted a Licence valid until January 15, 2010. Superior Energy must file with the Commission its audited financial statement for the recently concluded year as soon as available and no later than December 31, 2009. 2.13 Superior Energy shall ensure that its employees, salespersons or other representatives of its products and services comply with the standards required of a Gas Marketer as set out in the Code of Conduct for Gas Marketers. Superior Energy shall be responsible for the non‐compliance of its employees, salespersons or other representatives of its products and services with the Code of Conduct for Gas Marketers. DATED at the City of Vancouver, in the Province of British Columbia, this 22 Attachment Orders/A‐20‐09_SuperiorEnergy Licence 2009 BRIT ISH COLU MBIA UTIL IT IES COM MISSION ORDER NUMBER A ‐20‐09 nd day of October 2009. BY ORDER Original signed by: D.A. Cote Commissioner
LICENCE NO. A‐20‐09 GAS MARKETER LICENCE Superior Energy Management Gas LP is granted a licence for the purpose of providing advice to, or acting on behalf of, a low volume consumer (1) purchasing gas directly in the Province of British Columbia subject to the terms and conditions contained in Commission Order A‐20‐09, which are set out in the reverse of the Licence. BRITISH COLUMBIA UTILITIES COMMISSION Original signed by: _______________________________________ D. A. COTE, COMMISSIONER ISSUED: October 22, 2009 EXPIRES: November 1, 2009 to January 15, 2010 (1) As described in the Rules for Gas Marketers
2. The Gas Marketer Licence is subject to the following conditions: 2.1 Superior Energy will carry out the undertakings as set out in the Application for a Licence to Market Natural Gas dated August 26, 2009 and the Rules for Gas Marketers. 2.2 Superior Energy will comply with the Code of Conduct for Gas Marketers and Rate Schedule 36 of Terasen Gas Inc. 2.3 Superior Energy will maintain a Letter of Credit or acceptable substitute in full force and effect for the duration of the Licence. 2.4 Superior Energy 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 Superior Energy, amend or impose new terms and conditions on, suspend, or cancel the Gas Marketer Licence for reasons the Commission, in its sole discretion, deems and considers sufficient. 2.6 The Gas Marketer Licence and all copies of it shall remain the property of the Commission and Superior Energy will return these documents forthwith upon written request from the Commission. 2.7 Superior Energy will continue to file a salesperson activity report with the Commission every three months which must be filed with the Commission within 15 business days following the last date of the reporting period. The report must contain sales activity information with respect to all active salespersons employed by Superior Energy within the reporting period. The information to be provided by Superior Energy is outlined in the MS Excel template, attached as Appendix A to Order A‐22‐08A. Superior Energy will use the template for filing the report. Upon review of the report, the Commission may call upon Superior Energy and/or its salesperson(s), or sales managers to attend at the Commission office to discuss compliance issue(s). 2.8 Superior Energy must make contact with a customer within 3 business days, upon receipt of a verbal or written enquiry or complaint. A record of the response, either in writing or as a recording, will be made available by Superior Energy upon request from the Commission. 2.9 Superior Energy will record and maintain all of its inbound and outbound telephone conversations. The digital recordings will be made available by Superior Energy within three days of the initial recording and must be provided upon request of the Commission. 2.10 Upon receipt of a web enrollment for service, Superior Energy will forward its written agreement to sign‐up for service and obtain from the customer a signed agreement in return. An electronic signature must be obtained from the customer via Superior Energy’s website; however Superior Energy must be in receipt of a signed hard copy of the agreement before the customer is registered with Terasen Gas Inc. All documents must be maintained on file and available to the Commission in accordance with the Code of Conduct.
2.11 Superior Energy will complete a Third Party Verification call, in accordance with the Code of Conduct for Gas Marketers, for all customers who sign‐up for service by internet marketing. The Third Party Verification must take place after the signed written agreement is received from the customer and before the enrollment of the customer is registered with Terasen Gas Inc. 2.12 Superior Energy is granted a Licence valid until January 15, 2010. Superior Energy must file with the Commission its audited financial statement for the recently concluded year as soon as available and no later than December 31, 2009. 2.13 Superior Energy shall ensure that its employees, salespersons or other representatives of its products and services comply with the standards required of a Gas Marketer as set out in the Code of Conduct for Gas Marketers. Superior Energy shall be responsible for the non‐compliance of its employees, salespersons or other representatives of its products and services with the Code of Conduct for Gas Marketers.
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