Nova Scotia Utility and Review Board

2017 NSUARB 91

M08018

                                                     GAS MARKETERS LICENCE

                                     NOVA SCOTIA UTILITY AND REVIEW BOARD

                                  IN THE MATTER OF THE GAS DISTRIBUTION ACT

WHEREAS Direct Energy Marketing Limited (“Licensee”) applied to the Nova Scotia Utility and Review Board (“Board”) on April 28, 2017, for a Gas Marketers Licence;

AND WHEREAS the Board has reviewed the Application and the supporting documentation, and is satisfied that it meets the Board’s requirements for a Gas Marketers Licence;

AND WHEREAS the Board has the authority to issue a Gas Marketers Licence pursuant to s. 26 of the Gas Distribution Act, S.N.S. 1997, c. 4;

NOW THEREFORE the Board grants to the Licensee a Gas Marketers Licence, subject to the following terms and conditions:

1.         The Licensee shall conduct itself in accordance with:

i     all federal, provincial and municipal laws, and in particular the Gas Distribution Act and Board Gas Marketers Regulations, as amended from time to time;

ii     this Gas Marketers Licence, as amended from time to time.

2.         The Licensee shall at all times comply with all applicable provisions of the Interim Code of Conduct for Gas Marketers, as issued and amended by the Board from time to time.

3.         Prior to serving customers, the Licensee shall provide an irrevocable letter of credit from a recognized financial institution in the amount of $150,000.00 payable to the Board to secure performance and anticipated financial obligations of the Licensee, or equivalent financial instrument in the same amount payable to the Board if such substitution is pre-approved by the Board.

4.         Upon initiating an agreement with a gas supplier, the Licensee shall provide to the Board a letter of intent from the gas supplier to enter into a contract for gas supply.

5.         The Licensee shall not market to customers using 500 gigajoules per year or less without first obtaining Board approval of the Licensee’s contracts with such customers.

6.         This Licence may not be transferred or assigned without the written consent of the Board.

7.         This Licence may be suspended or terminated by the Board if, in the opinion of the Board, the Licensee or its assignees breach any terms or conditions of this Licence.

8.         Unless advised otherwise in writing, notice may be served on the parties as follows:

Nova Scotia Utility and Review Board

3^rd Floor

1601 Lower Water Street

PO Box 1692, Unit “M”

Halifax, NS   B3J 3S3

Phone: (902) 424-4448/Fax: (902) 424-3919

Attention:  Regulatory Affairs Officer/Clerk

Direct Energy Marketing Limited

12 Greenway Plaza, Suite 250

Houston, TX  77046

Phone: (713) 877-3500 / Fax: (713) 904-7032

Attention:  Barbara Farmer

DATED at Halifax, Nova Scotia, this 9^th day of June, 2017.

Clerk of the Board