Orders

IN THE MATTER OF

the Utilities Commission Act, R.S.B.C. 1996, Chapter 473

and

An Application by Ag Energy Co-operative Ltd.

for Renewal of its Gas Marketer Licence

under the Customer Choice Program

BEFORE:               L.F. Kelsey, Commissioner                                           October 21, 2010

                                D.A. Cote, Commissioner

O  R  D  E  R

WHEREAS:

A.      On September 29, 2010, Ag Energy Co-operative Ltd. operating as Firefly Energy (Ag Energy) applied to the British Columbia Utilities Commission (Commission) for renewal of its Gas Marketer Licence.  The Application for renewal of its Licence to Market Natural Gas (Application) included the payment of the $1,000 Application Fee, pursuant to item 2 of the Licence Requirements.  Ag Energy has previously filed a Letter of Credit in the amount of $250,000, pursuant to item 3 of the Licence Requirements; 

B.    The Commission has reviewed Ag Energy’s Application and relying upon the information and representations made by Ag 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 Ag Energy a Gas Marketer Licence for the period of November 1, 2010 to October 31, 2011.

2.       The Gas Marketer Licence is subject to the following conditions:

a.       Ag Energy will carry out the undertakings as set out in the Application for a Licence to Market Natural Gas dated September 29, 2010 and the Rules for Gas Marketers.

b.      Ag Energy will comply with the Code of Conduct for Gas Marketers and Rate Schedule 36 of Terasen Gas Inc.

c.       Ag Energy will maintain a $250,000 Letter of Credit or acceptable substitute in full force and effect for the duration of the Licence.

d.      Ag 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.

e.      The Commission may, at any time and without prior notice to Ag 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.

f.        The Gas Marketer Licence and all copies of it shall remain the property of the Commission and Ag Energy will return these documents forthwith upon written request from the Commission.

g.       Ag Energy must file with the Commission unaudited quarterly financial statements no later than 45 days after the end of the relevant quarter, pursuant to item 5 of the Licence Requirements.

h.      Ag 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.  Ag 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         21^st              day of October 2010.

                                                                                                                                BY ORDER

                                                                                                                                Original signed by:

                                                                                                                                D.A. Cote

                                                                                                                                Commissioner

Attachment