Orders

IN THE MATTER OF

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

and

An Application by Active Energy Corp.

for Renewal of its Gas Marketer Licence

under the Customer Choice Program

BEFORE:               L.F. Kelsey, Commissioner

                                D. Morton, Commissioner                                            October 20, 2011

                                N.E. MacMurchy, Commissioner

O  R  D  E  R

WHEREAS:

A.      On August 31, 2011 Active Energy Corp., carrying on business as Active Renewable Marketing Ltd., 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 and a $250,000 proof of security, pursuant to Sections 2 and 4 respectively, under Licence Requirements;

B.      The Commission has reviewed Active Energy’s Application and relying upon the information and representations made by Active Energy finds that renewal of its Gas Marketer Licence, subject to conditions, is warranted;

C.      The Commission notes that, on October 14, 2011, by Order A-22-11, it established a Compliance Inquiry with respect to Active Energy’s compliance with the Code of Conduct for Gas Marketers and the Rules for Gas Marketers.

NOW THEREFORE pursuant to section 71.1(6) of the Utilities Commission Act, the Commission orders as follows:

1.       The Commission issues to Active Energy a Gas Marketer Licence for the period of November 1, 2011 to October 31, 2012.

2.       This licence is subject to the following conditions:

a.       Active Energy will carry out the undertakings as provided in its application and as set out in the revised Rules for Gas Marketers which was effective July 25, 2011.

b.      Active Energy will comply with the Code of Conduct for Gas Marketers and Rate Schedule 36 of FortisBC Energy Inc.  Active 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 and Active Energy shall be responsible for any non-compliance of its employees, salespersons or other representatives of its products and services.

c.       Active Energy will maintain a $250,000 performance security in full force and effect for the duration of the Licence.

d.      Active Energy will file with the Commission unaudited quarterly financial statements no later than 45 days after the end of each quarter.

e.      Active Energy will file with the Commission the most recent version of the documents submitted to satisfy Section 7, Financial Qualifications, of the Licence Requirements.

f.        Active Energy will file with the Commission for its comment and approval the documents submitted under Sections (8), (9), (10), (11) and (12) of the Licence Requirements as soon as changes are made and prior to their commercial distribution and/or use.

g.       The Commission may, at any time and without prior notice to Active 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.

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

DATED at the City of Vancouver, in the Province of British Columbia, this         20^th         day of October 2011.

                                                                                                                                BY ORDER

                                                                                                                                Original signed by:

                                                                                                                                D. Morton

                                                                                                                                Commissioner

Attachment