CERISE Decision Summary
| Tribunal | Alberta Energy and Utilities Board |
| Docket | 1319537 |
| Applicant | Direct Energy Partnership |
| Application Type | Gas Code of Conduct Regulation Compliance Plan |
| Date of Application | October 29, 2003 |
| Date of Decision | February 27, 2004 |
| Decision Number | 2004-020 |
SYNOPSIS:
The Alberta Energy and Utilities Board (the "Board") was satisfied
that the Compliance Plan proposed by Direct Energy Partnership ("DEP"),
an affiliate of Direct Energy Marketing Limited ("DEML"), addressed
each of the requirements of the Gas Code of Conduct Regulation, subject
to certain monitoring conditions set out in the decision.
SUMMARY:
Background:
Direct Energy Partnership ("DEP") is a partnership registered
in Alberta, that intends to provide retail gas and electricity services
to Alberta energy consumers through two brand names, Direct Energy Preferred
and Direct Energy Business Services. The partners of DEP are Direct Energy
Marketing Limited ("DEML") and Direct Energy Holdings (Alberta)
Inc., with DEML being the managing partner of DEP.
DEP applied to the Alberta Energy and Utilities Board (the "Board") and the Market Surveillance Administrator ("MSA") on October 29, 2003, for approval of an Electricity and Gas Compliance Plan.
DEP is a retailer of gas and electricity services and is an affiliate of Direct Energy Regulated services ("DERS"), which is a regulated default supply provider under the Gas Code of Conduct Regulation and an owner under the Electricity Code of Conduct Regulation by virtue of the approval by the Board of the appointment of DERS by ATCO Gas & Pipelines Ltd. and ATCO Electric Ltd., respectively, to perform certain regulated retail functions.
As an affiliate of a default supply provider and owner, DEP is required to obtain approval of the Compliance Plan from the Board and the MSA on or before the date upon which DERS begins to provide regulated gas and electricity services to customers in Alberta.
Summary
of the Application:
The proposed Compliance Plan was modeled on the requirements of the Gas
and Electricity Code of Conduct Regulations. DEP will be providing retail
services to natural gas customers in the ATCO Gas service territory and
to electricity customers in the ATCO Electric service territory. Certain
employees and agents or contractors of DEML will perform functions for,
or undertake tasks on behalf of, DEP in relation to the operations of
the business carried on by DEP, which is exclusive to the provision of
retail services.
The proposed Compliance Plan set out the systems, policies and mechanisms that DEML will rely upon to ensure that the operations of DEP are conducted in a manner that is consistent with the requirements of the Gas and Electricity Code of Conduct Regulations. The Compliance Plan will apply to all DEP personnel and to all DEP agents or contractors and their staff.
PRIMARY ISSUES:
- Affiliate Relationship Code of Conduct