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 July 3, 2019 Sent via email Letter L-34-19 Re: Customer Choice Program – Dispute (Acct /Access Gas Services Inc. 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 being advised to wait until the next anniversary date to cancel the agreement. Evidence and other considerations The contract, dated came into effect on The customer filed the dispute on According to the customer, the sales representative misrepresented the potential savings to be realized by the business by signing up with the marketer. Further, the customer maintains that the store manager did not have the authority to execute an agreement on the business’ behalf. The customer was advised he has the right to cancel the agreement on the next anniversary date with payment of an early exit fee. Access Gas Services Inc. (Access Gas) proposed to resolve the dispute by lowering the natural gas rate, or by discounting the early exit fees. Access Gas considers the agreement valid and binding. During the Third-Party Verification (TPV) call that : - is the owner of ; - has authority to bind agreements for his organization; - has been provided with a copy of the signed agreement; - agreed to a price of $5.89 for a term of five years; and - has the right to cancel without penalty within 10 days. As the matter has not been resolved directly between the customer and the gas marketer, the BCUC has reviewed and adjudicated the matter. File | Customer Choice Program – GEM Dispute – Access Gas 1 of 2
BCUC Determination There is insufficient evidence to support the customer's statement that the signatory is not authorized, nor that the customer was misled by the sales representative. During the TPV call, the signatory confirms understanding of the rate, the cancellation terms, and that he may not save money by entering into the agreement. The agreement and TPV are compliant with the requirements under the Code of Conduct for Gas Marketers. For these reasons, the BCUC finds the agreement valid and binding. Access Gas 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 terms and conditions. The customer may wish to contact Access Gas directly to discuss whether the proposed resolution of the matter is still available. Sincerely, Original signed by: Patrick Wruck Commission Secretary OK/dg Enclosure cc: Ms. Meghan Karrasch Charlie Barrotta Director of Operations Vice President Access Gas Services Inc. Access Gas Services Inc. meghan@accessgas.com charlie.barrotta@accessgas.com An application for reconsideration of this determination can be made following the guidelines enclosed. File | Customer Choice Program – GEM – Access Gas 2 of 2
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