Orders

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

Superior Energy Management, a Division of Superior Plus LP

Application for a Gas Marketer Licence and the

Assignment of Superior Energy Management Gas LP’s Contracts under the Customer Choice Program

BEFORE:               L. F. Kelsey, Commissioner

                                H. G. Harowitz, Commissioner                                       October 15, 2015

                                K. A. Keilty, Commissioner

O  R  D  E  R

WHEREAS:

A.      On June 10, 2015, Superior Energy Management, a Division of Superior Plus LP (Superior Energy), applied to the British Columbia Utilities Commission (Commission) for: a Gas Marketer Licence for the period of November 1, 2015 to October 31, 2016; and approval of the assignment of Superior Energy Management Gas LP’s Customer Choice Program contracts to Superior (Application). The Application included the payment of the $1,000 Application Fee and a $500,000 performance security, pursuant to Sections 2 and 7 respectively, of the Licence Requirements;

B.      On October 9, 2014, by Order A-12-14, the Commission issued a Gas Marketer Licence to Superior Energy Management Gas LP for the period November 1, 2014 to October 31, 2015;

C.      In the Application, Superior Energy requests that the Commission hold the Application confidential on the basis that the contents are commercially sensitive; and

D.      The Commission has reviewed Superior Energy’s Application and relying upon the information and representations made by Superior Energy finds that the issuance of a Gas Marketer Licence, subject to certain conditions, and approval of the assignment of Superior Energy Management Gas LP’s Customer Choice program contracts to Superior Energy, is warranted.

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

1.         A Gas Marketer Licence is issued to Superior Energy Management, a Division of Superior Plus LP (Superior Energy), for the period of November 1, 2015 to October 31, 2016.

2.         Superior Energy is permitted to acquire all of Superior Energy Management Gas LP’s Customer Choice program contracts.

3.       Superior Energy’s Application will be held confidential, as requested by Superior Energy.

4.    This licence is subject to the following conditions:

a.       Superior 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-12-13.

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

c.       Superior Energy must maintain a $500,000 performance security in full force and effect for the duration of the Licence.

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

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

ii.       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, as necessary, prior to commercial distribution and/or use.

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

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

g.       Superior Energy is prohibited from marketing to and/or enrolling Residential Consumers enrolled under FortisBC Energy’s Rate Schedule 1.

DATED at the City of Vancouver, in the Province of British Columbia, this                15th                    day of October 2015.

                                                                                                                                BY ORDER

                                                                                                                            Original Signed By:

                                                                                                                                L. F. Kelsey

                                                                                                                                Commissioner

Attachment