the Utilities Commission Act, R.S.B.C. 1996, Chapter 473
and
An Application by Active Energy Corp.
to Terminate Gas Marketer Licence A-14-13
BEFORE: L.F. Kelsey, Commissioner
C.A. Brown, Commissioner
N.E. MacMurchy, Commissioner December 12, 2013
B.A. Magnan, Commissioner
D.M. Morton, Commissioner
R.D. Revel, Commissioner
O R D E R
WHEREAS:
A. The British Columbia Utilities Commission (Commission) approved the renewal of Active Energy Corp.’s (carrying on business as Active Renewable Marketing Ltd.) (Active Energy) Gas Marketer Licence, subject to conditions, by Order A-14-13 on October 24, 2013;
B. On December 9, 2013, Active Energy applied to the Commission to terminate Gas Marketer Licence A-14-13 and return the Letter of Credit submitted to satisfy Gas Marketer Licence condition ‘c’ (Application);
C. Active Energy submitted an executed copy of the Asset Purchase Agreement with Access Gas Services Inc. (Access Gas), as evidence that all of Active Energy’s Commodity Unbundling Service Consumer Agreements in British Columbia (Customer Contracts) have been sold to Access Gas and to demonstrate that Access Gas is now responsible for all liabilities flowing from the Customer Contracts to both the Commission and the customers;
D. In its Application, Active Energy requests that the Commission hold the Asset Purchase Agreement confidential on the basis that it contains commercially sensitive information; and
E. The Commission reviewed Active Energy’s Application and determines approval is warranted.
NOW THEREFORE pursuant to section 71.1(6) of the Utilities Commission Act, the Commission cancels Active Energy’s Gas Marketer License issued by Order A-14-13 effective immediately and will return Active Energy’s Letter of Credit. The Commission will hold the Asset Purchase Agreement confidential as requested by Active Energy, as it contains commercially sensitive information.
DATED at the City of Vancouver, in the Province of British Columbia, this 12th day of December 2013.
BY ORDER
Original Signed by:
D.M. Morton
Commissioner