Orders

ORDER NUMBER

G-63-23

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

Just Energy (B.C.) Limited Partnership

Application for Reconsideration and Variance of Order A-6-22

 

BEFORE:

B. A. Magnan, Panel Chair

E. B. Lockhart, Commissioner

 

March 24, 2023

 

ORDER

WHEREAS:

 

A.      On January 26, 2023, Just Energy (B.C.) Limited Partnership (Just Energy), filed an application for reconsideration and variance of Order A-6-22 pursuant to section 99 of the Utilities Commission Act with the British Columbia Utilities Commission (BCUC) in accordance with Part V of the BCUC’s Rules of Practice and Procedure (Reconsideration Application);

B.       By Order A-6-22 dated October 28, 2022, the BCUC approved Just Energy’s Gas Marketer license renewal application. The BCUC ordered, among other matters, the following:

1.       Approval of a Gas Marketer License issued to Just Energy for the period of October 31, 2022 to April 30, 2023.

2.       Pursuant to Rule 10.0 of the Rules for Gas Marketers, the following information:

                                                               i.      Quarterly financial reports submitted by Just Energy Corp that include at minimum the balance sheet, income statement and cash flow statement for Just Energy Corp;

                                                             ii.      Monthly notifications on any adjustments to or cancellation of Supply Contracts; and

                                                           iii.      Monthly progress reports on the Companies’ Creditors Arrangement Act (Canada) (CCAA) proceeding;

C.      In the Reconsideration Application, Just Energy requests that its license period be varied to October 31, 2022 to October 31, 2023 and the conditions outlined in 3 (e) (iii), 3 (e) (iv) and 3 (e) (v) of Order A-6-22 be removed on the grounds that new facts have arisen and a change of circumstances has occurred;

D.      Part V of the BCUC’s Rules of Practice and Procedure attached to Order G-178-22 provides the rules for the reconsideration process (Reconsideration Rules); and

E.       The BCUC has commenced its review of the Reconsideration Application and considers that the establishment of a written public hearing process in accordance with the Reconsideration Rules is warranted.

 

NOW THEREFORE the BCUC orders as follows:

 

1.       A written public hearing process is established, in accordance with the regulatory timetable set out in Appendix A of this order.

2.       Just Energy is directed to provide the supplemental information as outlined in Appendix B by the date established in the regulatory timetable attached as Appendix A to this order.

 

 

DATED at the City of Vancouver, in the Province of British Columbia, this                24^th            day of March 2023.

 

BY ORDER

 

Original signed by:

 

B.A. Magnan

Commissioner

 

 

Attachment

 

 

Just Energy (B.C.) Limited Partnership

Application for Reconsideration and Variance of Order A-6-22

 

 

 

 

 

Just Energy (B.C.) Limited Partnership

Application for Reconsideration and Variance of Order A-6-22

 

1.       Please explain and discuss the impact of the sale transaction that was completed in connection with the proceedings under the Companies’ Creditors Arrangement Act (Canada) on Just Energy BC and the gas marketer license it currently holds, including the bond.

2.       Please provide background information on the new ownership group following the sale transaction.

3.       Please submit Quarter Three (Q3) financials for FY 2022-2023.

4.       Please submit a statement attested to by a Just Energy executive that confirms that Just Energy is not in violation of its debt covenants.

5.       Please submit a statement attested to by a Just Energy executive that confirms Just Energy remains a “going concern” in accordance with Canadian Generally Accepted Accounting Principles (GAAP).