Orders

Patrick Wruck Suite 410, 900 Howe Street Commission Secretary Vancouver, BC Canada V6Z 2N3 P: 604.660.4700 Commission.Secretary@bcuc.com TF: 1.800.663.1385 bcuc.com F: 604.660.1102 August 22, 2019 Sent via email Letter L-42-19 Re: Customer Choice Program – Dispute (Acct )/Summitt Energy BC L.P. Dear : The British Columbia Utilities Commission (BCUC) is in receipt of your Customer Choice dispute and has considered the evidence relating to this matter. The BCUC’s findings are outlined below. Nature of the dispute The customer filed the dispute on the basis of forgery. Evidence and other considerations The contract was signed on and the customer filed the dispute on . According to the customer, the sales representative stated he represented FortisBC Energy Inc. (FEI) and did not sufficiently explain that the customer was entering into an agreement with Summitt Energy BC L.P. (Summitt Energy). The customer states that he did not realize he was in a contract with Summitt Energy until the day he filed the dispute. Summitt Energy is of the view the contract is valid and binding. During the Third Party Verification (TPV) call, which was recorded and provided to the BCUC as evidence in this dispute, the customer confirms understanding the following key terms of the agreement: • Summitt Energy is independent of FEI and the government; • Summitt Energy will be supplying natural gas for five years at a rate of $6.39/GJ; • the customer may or may not save money under the Customer Choice program; and • the customer may cancel the agreement within 10 days without penalty; following this period, the customer may only cancel on the anniversary date and there may be an early exit fee. Further, the customer confirms that he was left with a signed copy of the agreement, which confirms the rate and term of the contract. The customer did not cancel the agreement within the 10-day period. As the customer and gas marketer have not resolved the dispute directly, the dispute has proceeded to adjudication. File | Customer Choice Program – GEM Dispute – Summitt Energy 1 of 2

BCUC determination There is insufficient evidence to support the customer’s allegation of forgery. During the TPV call, the customer confirms that he is in possession of the signed agreement and retrieves it for the purpose of the confirmation call. Furthermore, during the TPV call, the signatory confirms understanding the key points of the agreement, including the term and rate, the cancellation provisions and that he may not save money by entering into the agreement. The agreement and TPV call are compliant with the requirements under the Code of Conduct for Gas Marketers. For these reasons, the BCUC finds the agreement valid and binding. Summitt Energy will remain the natural gas provider. The customer has the option to cancel the agreement prior to the end of term in accordance with the agreement’s terms and conditions. Sincerely, Original signed by Nhi Do for: Patrick Wruck Commission Secretary OK/aci Enclosure cc: Mr. Elgin Tagle Manager, Regulatory Affairs & Compliance Summitt Energy BC LP etagle@summittenergy.ca An application for reconsideration of this determination can be made following the guidelines enclosed. File | Customer Choice Program – GEM Dispute – Summitt Energy 2 of 2

Customer Choice Program Dispute Reconsideration Guidelines January 2012

British Columbia Utilities Commission Sixth Floor, 900 Howe Street, Box 250 Vancouver, British Columbia, Canada V6Z 2N3 Telephone (604) 660-4700; Facsimile (604) 660-1102 B.C. Toll Free: 1-800-663-1385 Internet Email: customer.choice@bcuc.com Website: http://www.bcuc.com

TABLE OF CONTENTS Page No. 1.0 INTRODUCTION .....................................................................................................................1 2.0 STEPS IN THE DISPUTE RECONSIDERATION PROCESS ...............................................................1 2.1 Submit a Dispute ................................................................................................................. 1 2.2 The Reconsideration Process .............................................................................................. 2 2.2.1 Phase I – Initial Review ........................................................................................... 2 2.2.2 Phase II – Commission Reconsideration ................................................................. 2 3.0 ALTERNATIVES TO THE RECONSIDERATION PROCESS ..............................................................3 3.1 File for Leave to Appeal to the Court of Appeal of BC ........................................................ 3 3.2 The Office of the Ombudsperson of BC .............................................................................. 3

British Columbia Utilities Commission CUSTOMER CHOICE PROGRAM Dispute Reconsideration Guidelines 1.0 INTRODUCTION If a Customer or a Gas Marketer believes the Commission has made an error in the course of making a decision on a dispute, either party may raise the issue for further review by applying to the Commission for reconsideration. The Commission will not reconsider a dispute decision on the basis that the parties are unhappy with the decision. For a reconsideration to proceed, the applicant is required to establish a prima facie case (a case that until it is rebutted establishes that an error has been made) that reconsideration is warranted. The following is an outline of the reconsideration process for the Customer Choice Program. This outline is used by the Commission to determine whether to accept an application for reconsideration and how to proceed with that reconsideration. 2.0 STEPS IN THE DISPUTE RECONSIDERATION PROCESS 2.1 Submit a Dispute Applications for reconsideration must be received by the Commission in writing within 30 days of the date of the disputed decision. An application for reconsideration must:  identify the disputed decision to be reconsidered including the dispute number, FortisBC account number and gas marketer’s name;  state the legal or factual grounds upon which the decision should be changed;  state the applicant’s desired outcome;  contain the name, address and telephone number of the applicant or the applicant’s representative; and  be signed by the applicant or the applicant’s representative. Applications should be addressed to Customer Choice Program and can be submitted via email, mail or fax to:  Email: customer.choice@bcuc.com  Fax: (604) 660-1102  Mail: Sixth Floor - 900 Howe Street, Box 250, Vancouver, BC V6Z 2N3 Once the Commission receives an application it will conduct an initial review to determine whether the application shall proceed. Dispute Reconsideration Guidelines 1

British Columbia Utilities Commission 2.2 The Reconsideration Process The Commission considers written submissions from the parties involved in a dispute in two phases of the reconsideration process. These two phases are outlined in the sections below. 2.2.1 Phase I – Initial Review In the interest of both efficiency and fairness, and before the Commission proceeds with a determination on the merits of an application for reconsideration, the application undergoes an initial screening phase. In this phase the applicant must establish a prima facie case sufficient to warrant full consideration by the Commission. The first phase is a preliminary examination in which the application is assessed in light of some or all of the following questions:  Should there be reconsideration by the Commission?  If there is to be reconsideration, should the Commission allow new evidence?  If there is to be reconsideration, should it focus on the items from the application for reconsideration, a subset of these items or additional items? Following the Commission’s review of the application, the Commission issues a notice to the other party involved in the disputed decision requesting them to submit a response to the application for reconsideration by addressing those questions set out in the notice. Upon receipt of the other party’s response, the Commission asks the applicant to provide reply comments to the response received from the other party. After the first phase evidence has been received, the Commission generally applies the following criteria to determine whether or not a reasonable basis exists for allowing reconsideration:  Has the Commission made an error in fact or law?  Has there been a fundamental change in circumstances or facts since the initial decision?  Is there new evidence or further information that was not taken into consideration in adjudicating the initial decision? In addition, the Commission may exercise its discretion and decide to undertake reconsideration of a decision whenever it deems there is just cause. If the Commission decides that a request for reconsideration should proceed, the application moves on to Phase II of the process. If the Commission decides that reconsideration should not proceed, the Commission will provide all parties with written notice of its decision. 2.2.2 Phase II – Commission Reconsideration If the Commission decides an application for reconsideration should proceed, the Commission issues a Phase II Reconsideration Notice to the Customer and the Gas Marketer outlining the issues to be reconsidered and whether new evidence is allowed and setting the schedule for submissions. In moving to Phase II of the reconsideration process, the Commission will consider written arguments addressing the substance of the issues approved for reconsideration. When submitting written arguments, the parties must copy each other and must respond on or before the dates set out in the Phase II Reconsideration Notice. The Commission bases its decision on the application on the submitted arguments. Dispute Reconsideration Guidelines 2

British Columbia Utilities Commission 3.0 ALTERNATIVES TO THE RECONSIDERATION PROCESS In addition to the Commission’s reconsideration process, there are two alternatives available to parties who wish to challenge a Commission decision or the fairness of the process used by the Commission to arrive at the decision:  File for leave to Appeal the Commission’s decision with the Court of Appeal of British Columbia  File a complaint with the Office of the Ombudsperson of BC These options are discussed in more detail below. 3.1 File for Leave to Appeal to the Court of Appeal of BC The Utilities Commission Act provides a second alternative for challenging a Commission decision. This alternative is by way of the Court of Appeal of British Columbia. The Court of Appeal will consider only alleged errors of law or jurisdiction. An application to obtain leave to appeal to the Court of Appeal must be launched within 30 days of the Commission issuing its Decision. Applicants must first obtain the court's leave for the appeal before commencing the actual appeal. The court will sometimes take into consideration as a factor in granting leave whether or not the party applying has exhausted its other remedies. Therefore, the party applying for leave may also want to apply for reconsideration by the Commission at the same time. If a participant chooses to pursue an appeal, the procedures may be quite complex and formal. Normally, lawyers become involved at this stage, as their knowledge of court procedures and legal arguments tends to be very useful. It is not necessary, however, to hire a lawyer in order to make an appeal to the Court of Appeal. 3.2 The Office of the Ombudsperson of BC If a customer is not satisfied with the Commission's handling of a complaint, he or she may contact the provincial Ombudsperson's Office to review the process used. The BC Ombudsperson reviews the Commission’s processes, including the process for resolving complaints. The BC Ombudsperson can recommend reconsideration of a matter because of an error in procedure, but cannot overturn a Commission decision. Dispute Reconsideration Guidelines 3