Orders

IN THE MATTER OF

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

and

An Application by Direct Energy (B.C.) Limited

for Renewal of its Gas Marketer Licence

under the Customer Choice Program

BEFORE:               L.F. Kelsey, Commissioner

                                D.A. Cote, Commissioner                                             September 30, 2011

O  R  D  E  R

WHEREAS:

A.      On August 31, 2011, Direct Energy (B.C.) Limited (Direct Energy), carrying on business as Direct Energy Business for commercial customers and Direct Energy for residential customers, applied to the British Columbia Utilities Commission (Commission) for renewal of its Gas Marketer Licence.  The current licence expires on September 30, 2011.  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, of the Licence Requirements;

B.      On September 16, 2011, Commission Staff informed Direct Energy that the Application is incomplete and requested the missing information be submitted to the Commission;

C.      On September 26, 2011, Direct Energy submitted additional information; however, Item 10, Customer Agreements/Contracts was omitted.

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

1.       The Commission issues to Direct Energy a Gas Marketer Licence for the period of October 1, 2011 to October 15, 2011.

2.       Direct Energy is required to submit all missing information in full compliance with the Rules for Gas Marketers and the Code of Conduct for Gas Marketers by October 7, 2011 to have its licence considered for further renewal.

3.       As a condition of its licence, Direct Energy is not permitted to market to and/or enroll new customers under the Customer Choice Program.

4.       In addition, this licence is subject to the following conditions:

a.       Direct Energy will carry out the undertakings as set out in the revised Rules for Gas Marketers and Application for a Licence to Market Natural Gas which was issued on July 25, 2011.

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

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

d.      The Commission may, at any time and without prior notice to Direct 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.

e.      The Gas Marketer Licence and all copies of it shall remain the property of the Commission.  Direct 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         30^th           day of September 2011.

                                                                                                                                BY ORDER

                                                                                                                                Original signed by:

                                                                                                                                L.F. Kelsey

                                                                                                                                Commissioner

Attachment