BRIT ISH COLU MBIA UTIL IT IES COM MISSION ORDER NUMBER A ‐26‐09 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 Access Gas Inc. for the Assignment of Nexen Marketing’s Contracts under the Customer Choice Program BEFORE: L.F. Kelsey, Commissioner D.A. Cote, Commissioner December 10, 2009 P.E. Vivian, Commissioner O R D E R WHEREAS: A. On November 26, 2009 Access Gas Inc. (“Access Gas”) applied to the British Columbia Utilities Commission (“Commission”) for approval to complete the assignment (“Application”) of all of Nexen Marketing’s Commodity Unbundling Service Consumer’s Agreements to Access Gas (“Customer Contracts”); and B. Article 29 of the Code of Conduct for Gas Marketers, Transfer of Agreements, states, in part, that “A Gas Marketer shall not assign, sell or otherwise transfer the Consumer’s Agreements to another person who is not a licensed Gas Marketer.” This article also 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 C. Commission Order A‐8‐09 dated August 6, 2009 renewed Access Gas’ Gas Marketer Licence with an expiry date of July 10, 2010. This Licence was amended by Commission Order A‐8‐09A dated November 16, 2009, which extended the expiry date to October 31, 2010; and D. Commission Order A‐25‐09 dated October 29, 2009 renewed Nexen Marketing’s Gas Marketer Licence with an expiry date of January 15, 2010; and E. In its Application, Access Gas advised that after the assignment of the Customer Contracts is complete from Nexen Marketing to Access Gas, Nexen Marketing will not have a secondary commitment to the customer if Access Gas were to default on the contract. Access Gas will be assuming all of the obligations and benefits of each Customer Contract; and F. By letter dated December 8, 2009 the Commission requested additional information relating to Access Gas’ resources to carry out the terms of the Customer Contracts, specifically if it has the resources to arrange for …/2
BRIT ISH COLUMBIA UTIL IT IES COMMISSION ORDER NUMBER A‐26‐09 2 gas supply for all of the Customer Contracts. The letter also inquired about the method by which customers will receive notification of the assignment; and G. On December 8, 2009 Access Gas provided the requested information to the Commission; and H. The Commission has reviewed Access Gas’ application and considers approval is in the public interest. NOW THEREFORE pursuant to section 71.1 of the Utilities Commission Act the Commission permits Access Gas to acquire all of Nexen Marketing’s Customer Contracts under the Customer Choice Program subject to the following conditions: 1. The assignment of all of Nexen Marketing’s Customer Contracts to Access Gas should be complete before the expiry of Nexen Marketing’s Licence A‐25‐09 on January 15, 2010. 2. Within 30 days of the assignment Access Gas is to send a letter to all affected Consumers confirming that Access Gas will now be their natural gas supplier. The correspondence must provide the Consumer with all of Access Gas’ current contact information. DATED at the City of Vancouver, in the Province of British Columbia, this 10 th day of December 2008. BY ORDER Original signed by: D.A. Cote, Commissioner Order/A‐26‐09_Access Gas_Assignment of Nexen Contracts
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.