Orders

IN THE MATTER OF

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

and

An Application by Planet Energy (B.C.) Corp.

for Renewal of its Gas Marketer Licence

under the Customer Choice Program

BEFORE:               L.F. Kelsey, Commissioner

                                C.A. Brown, Commissioner                                          October 10, 2013

                                B.A. Magnan, Commissioner

                                C. van Wermeskerken, Commissioner

O  R  D  E  R

WHEREAS:

A.      On June 20, 2013, Planet Energy (B.C.) Corp. (Planet 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 and a $250,000 proof of security, pursuant to Sections 2 and 4 respectively, of the Licence Requirements;

B.      Planet Energy requests that the Commission hold the financial information included in the Application confidential on the basis that Planet Energy is a privately held company; and

C.      The Commission has reviewed Planet Energy’s Application and relying upon the information and representations made by Planet Energy finds that extension of its Gas Marketer Licence, subject to certain conditions, is warranted.

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

1.       An extension is issued for the existing Gas Marketer Licence, originally issued by Order A-28-12, to Planet Energy for the period of November 1, 2013 to December 31, 2013.

2.       The Commission will hold the financial information in Planet Energy’s Application confidential, as requested by Planet Energy.

3.    This extension to the licence is subject to the following conditions:

a.       Planet Energy must carry out the undertakings as provided in its Application for a Gas Marketer Licence and as set out in the Rules for Gas Marketers established by Order A-11-11.

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

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

d.      Planet Energy must file with the Commission, pursuant to item 10.0 of the Rules for Gas Marketers, the following information:

i.         Unaudited quarterly financial statements, no later than 45 days after the end of each quarter;

ii.       The most recent version of the documents submitted to satisfy Section 7, Financial Qualifications, of the Licence Requirements;

iii.      The most recent version of the documents submitted under Sections (8), (9), (10), (11) and (12) of the Licence Requirements, for the Commission’s comment and approval, prior to commercial distribution and/or use.

e.      Planet Energy must submit audited financial statements for  the most recently ended financial year and proof that Planet Energy satisfies Licence Requirement 7 to the Commission by November 29, 2013.

f.        The Commission may, at any time and without prior notice to Planet Energy, amend or impose new terms and conditions on, suspend, or cancel the Gas Marketer Licence for reasons the Commission, in its sole discretion, considers sufficient.

g.       The Gas Marketer Licence and all copies of it shall remain the property of the Commission.  Planet 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           17^th          day of October 2013.

                                                                                                                                BY ORDER

Original signed by:

B.A. Magnan

                                                                                                                                Commissioner

Attachment