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August 29, 2024 Sent via email

Patrick Wruck Commission Secretary

Commission.Secretary@bcuc.com bcuc.com

Suite 410, 900 Howe Street Vancouver, BC Canada V6Z 2N3 P: 604.660.4700 TF: 1.800.663.1385

Letter L-24-24

Re: Customer Choice Program Non-GEM Dispute / Easy Energy Inc. (Easy Energy) 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 (Customer) filed the dispute on the basis of an invalid contract (Agreement), citing the misrepresentation of rates and identity by the Gas Marketer, Easy Energy.

Evidence and Other Considerations The Agreement dated April 5, 2023, for Customer filed a dispute on April 9, 2024.

came into effect June 1, 2023. The

According to the Customer, the Easy Energy representative stated that they were a FortisBC Energy Inc. (FEI) affiliate, and the Agreement would guarantee a rate for the natural gas. Further, the Customer alleges they were not made aware of early exit fees.

Easy Energy states that the Customer closed their FEI account prior to the end of the term provided in the Agreement and this action incurred early exit fees to be applied.

Further, Easy Energy states that both the Agreement and the third-party verification (TPV) call outlined the possibility of early exit fees should the Agreement be terminated early. In addition, Easy Energy states that the TPV call confirmed with the Customer that they are independent of FEI and the Government.

Easy Energy was unable to come to a resolution with the Customer due to a lack of communication, however Easy Energy suggests that the Customer reach out to Easy Energy to discuss options. Additionally, Easy Energy stated that the early closure of the Customer’s FEI account, thereby terminating the Agreement early, caused real and measurable loss to Easy Energy.

During the TPV call, which was recorded and provided as evidence in the dispute, the Customer confirmed that: They have the authority to bind agreements for the organization; They were provided with a copy of the signed Agreement; They have the right to cancel the Agreement without penalty within 10 days.

File 015097| Customer Choice Program Non-GEM Dispute Easy Energy Inc.

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Letter L-24-24 As the matter has not been resolved directly between the Customer and the Gas Marketer, the BCUC has reviewed and adjudicated the matter.

BCUC Determination There is insufficient evidence to support the Customer’s statement that Easy Energy misrepresented their identity. Further, in the TPV call, the Easy Energy agent verifies the identity of the Gas Marketer by stating, “Easy Energy is independent of FEI and the government”. Regarding early exit fees, during the TPV call the Customer confirmed they are entering into an agreement with Easy Energy and understands their cancellation rights, including the possibility of early exit fees. The Agreement and TPV call comply with the requirements under the Code of Conduct for Gas Marketers.

For these reasons, the BCUC finds the Agreement valid and binding and early exit fees are applicable as per the Agreement.

The Customer is responsible for payment of the early exit fees resulting from the early termination of the Agreement, in accordance with the Agreement terms and conditions. The Customer may wish to contact the Gas Marketer, Easy Energy, to inquire whether potential offers for lower termination fees are available.

Sincerely, Original signed by Jessica O’Brien for: Patrick Wruck Commission Secretary

DD/kk Enclosure

cc:

Tom Dixon President and CEO Easy Energy Inc. tom@easyenergy.ca

An application for reconsideration of this determination can be made following the guidelines enclosed.

File 015097| Customer Choice Program Non-GEM Dispute Easy Energy Inc.

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British Columbia Utilities Commission 410, 900 Howe Street 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

Customer Choice Program Dispute Reconsideration Guidelines

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TABLE OF CONTENTS

Page No. INTRODUCTION ........................................................................................................................................ 1

STEPS IN THE DISPUTE RECONSIDERATION PROCESS .............................................................................. 1 Submit a Dispute ......................................................................................................................... 1 The Reconsideration Process ...................................................................................................... 2 ALTERNATIVES TO THE RECONSIDERATION PROCESS .............................................................................. 3 File for Leave to Appeal to the Court of Appeal of BC ................................................................. 3 The Office of the Ombudsperson of BC ....................................................................................... 3

Customer Choice Program Dispute Reconsideration Guidelines

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INTRODUCTION

CUSTOMER CHOICE PROGRAM Dispute Reconsideration Guidelines

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.

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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: 410 - 900 Howe Street, Vancouver, BC V6Z 2N3

Once the Commission receives an application it will conduct an initial review to determine whether the application shall proceed.

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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.

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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.

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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.

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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.

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