Orders

ORDER NUMBER

A-4-19

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

and

Planet Energy (B.C.) Corp.

Application for Renewal of its Gas Marketer Licence

under the Customer Choice Program

BEFORE:

W. M. Everett, QC, Commissioner

October 22, 2019

ORDER

WHEREAS:

A.      Section 71.1(1) of the Utilities Commission Act (UCA) requires a person who is not a public utility and who performs a gas marketing activity for low-volume consumers to hold a Gas Marketer Licence issued by the British Columbia Utilities Commission (BCUC);

B.      The BCUC established Rules for Gas Marketers pursuant to subsection 71.1(10) of the UCA to assist the administration of Gas Marketer licensing. The BCUC reviews and updates the Rules for Gas Marketers from time to time, most recently on October 18, 2013 by Order A-12-13;

C.      On August 21, 2019, Planet Energy (B.C.) Corp. (Planet Energy), applied to the BCUC for renewal of its Gas Marketer Licence for the period November 1, 2019 to October 31, 2020. The application for renewal of its Licence to Market Natural Gas (Application) included payment of the $1,000 Application Fee and proof of security, pursuant to Sections 2 and 4 respectively, of the Gas Marketer Licence Requirements;

D.      In the Application, Planet Energy requests that the BCUC hold the Application confidential on the basis that the contents are commercially sensitive; and

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

NOW THEREFORE, pursuant to section 71.1 of the UCA and Order A-12-13, the BCUC orders as follows:

1.       A Gas Marketer Licence is issued to Planet Energy for the period of November 1, 2019 to October 31, 2020.

2.       Planet Energy’s Application will be held confidential, as requested by Planet Energy on the basis it contains commercially sensitive information.

3.       This Gas Marketer 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-12-13;

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. 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 the proof of security submitted to satisfy Section 4, Financial Qualifications, of the Gas Marketer Licence Requirements, in full force and effect for the duration of the Licence;

d.      Planet Energy must file with the BCUC, 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 Sections 6 and 7, Financial Qualifications, of the Gas Marketer Licence Requirements, for BCUC staff’s review and acceptance, in a timely manner; and

                                           ii.      The most recent version of the documents submitted under Sections 8, 9, 10, 11 and 12 of the Gas Marketer Licence Requirements for the BCUC’s comment and approval, as necessary, prior to commercial distribution and/or use.

e.      The BCUC 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 BCUC, in its sole discretion, considers sufficient;

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

g.       Planet Energy is not permitted during the Gas Marketer Licence period from November 1, 2019 to October 31, 2020 to market to or enroll Residential and Commercial Consumers enrolled under FortisBC Energy’s Rate Schedules 1, 2 or 3. Planet Energy may apply to the BCUC to remove this condition if it wishes to begin marketing/enrolling during the Gas Marketer Licence period.

DATED at the City of Vancouver, in the Province of British Columbia, this             22^nd              day of October 2019.

BY ORDER

        Original signed by:

W. M. Everett, QC

Commissioner

Attachment