EUB Application 1314506 and MSA Application 2003-00101 ATCO Gas and ATCO Electric (October 2003)

Notice

NOTICE OF APPLICATION
APPLICATION NO. 1314506
ATCO GAS NORTH, ATCO GAS SOUTH
REQUEST FOR EXEMPTION FROM CERTAIN PROVISIONS OF
THE GAS UTILITIES ACT CODE OF CONDUCT REGULATION, AR 183/2003

NOTICE OF APPLICATION
APPLICATION NO. 2003-00101
ATCO ELECTRIC LTD.
REQUEST FOR EXEMPTION FROM CERTAIN PROVISIONS OF
THE ELECTRIC UTILITIES ACT CODE OF CONDUCT REGULATION, AR 160/2003

Take Notice that the Alberta Energy and Utilities Board (EUB) and the Market Surveillance Administrator (MSA) have received

joint applications

from ATCO Gas (North & South) for an exemption from specific provisions of the Code of Conduct Regulation under the Gas Utilities Act (Gas Application) and from ATCO Electric Ltd. for an exemption from specific provisions of the Code of Conduct Regulation under the Electric Utilities Act (Electric Application). The Gas Application is made to the EUB pursuant to section 41(1)(a) of the Gas Code of Conduct Regulation. The Electric Application is made to the MSA pursuant to section 43(1)(a) of the Electric Code of Conduct Regulation.

Nature of the Applications
Section 10(1) of the Gas Code of Conduct Regulation and Section 10(1) of the Electric Code of Conduct Regulation prevent ATCO Gas and ATCO Electric, respectively, from disclosing customer information without the customer’s consent, except in limited circumstances. One of those circumstances is where the disclosure is to the customer’s Default Supply Provider, in the case of ATCO Gas, or to the customer’s Regulated Rate Tariff Provider or Default Supplier, in the case of ATCO Electric. ATCO Gas has applied to the EUB for approval to appoint Direct Energy Regulated Services (DERS) as its Default Supply Provider. Similarly, ATCO Electric has applied to the EUB for approval to appoint DERS as its Regulated Rate Tariff Provider and to appoint Direct Energy Partnership (DEP) as its Default Supplier. The EUB has not yet approved those appointments. Pending these approvals, Direct Energy Marketing Limited, on behalf of DERS and DEP, has requested that certain

customer information

be provided from ATCO Gas and ATCO Electric. The purpose of the disclosure of this information is to allow DERS and DEP to conduct certain tests of their computer systems in advance of EUB approval of the appointments.

ATCO is requesting Board approval to disclose the customer information to DERS and DEP in two phases as follows:

Phase 1. Customer information is released by ATCO to DERS and DEP with the Site ID scrambled or altered to preserve customer anonymity. Scrambling or altering of the Site ID will be accomplished by ATCO utilizing a secret computer algorithm.

Phase 2. No earlier than November 1, 2003, ATCO will provide the ‘key’ to the scrambling algorithm to allow DERS and DEP to obtain the true Site ID.

Process
Since the Gas and Electric Applications relate to the same matters and raise similar considerations for both the EUB and the MSA, respectively, the EUB and the MSA have determined that a joint notice and information gathering process will promote the expedient and efficient consideration of the Applications. Therefore, the EUB and the MSA will follow the same process schedule to deal with these Applications, which is set out below. The EUB and the MSA both propose to follow a written process to consider these Applications. All information filed in the information gathering process must be submitted to both the EUB and the MSA to form a joint record. However, while the information will be shared between the EUB and the MSA, the review and consideration of this information, and the decision in relation to each Application, will be conducted independently.

Anyone wishing to object to the Applications is asked to clearly indicate whether they object to either or both Phase 1 and 2 of the Applications. If no objections to Phase 1 of the Applications are received, the EUB and the MSA may proceed to approve Phase 1 of the Applications without further notice.  In any event, any objections to either Phase will be dealt with according to the process schedule set out below.

Additional Information
To obtain additional information or a copy of the Applications contact:

W. James Beckett
Executive Vice President Regulatory
ATCO Gas and ATCO Electric
10035 – 105th Street
Edmonton, Alberta  T5J 2V6

Telephone:               (780) 420-7618         (780) 420-7618
Facsimile: (780) 420-5098
Email:    jim.beckett@atcoelectric.com

Copies of the Applications are available for viewing at the EUB’s offices at the addresses indicated below.

Alberta Energy and Utilities Board Alberta Energy and Utilities Board
Information Services, 1st Floor Utilities Branch, 10th Floor
640 – 5th Avenue SW 10055 – 106th Street
Calgary, Alberta  T2P 3G4 Edmonton, Alberta  T5J 2Y2
 
Telephone:               (403) 297-8190         (403) 297-8190 Telephone:               (780) 427-4901         (780) 427-4901
Facsimile: (403) 297-7040 Facsimile: (780) 427-6970
 Email: eub.utl@gov.ab.ca

For information about EUB procedures contact:
Utilities Branch, Edmonton Office
Attention: Laurie Bayda, Application Officer
Telephone:                (780) 422-2072         (780) 422-2072
Email: laurie.bayda@gov.ab.ca 
Copies of the Applications are also available for viewing on the website of the MSA, at http://www.albertamsa.ca/.

For information about MSA procedures or other matters in respect of these Applications contact:

Rob Spragins
Manager, Investigations
Market Surveillance Administrator
#500, 400 – 5th Avenue SW
Calgary, Alberta  T2P 0L6
Telephone:               (403) 705-3195         (403) 705-3195
Email: rob.spragins@albertamsa.ca

To Register as an Intervener
Any party wishing to register as an intervener should do so by October 14, 2003. A copy of your intervention setting out your reasons for intervening and indicating whether you object to Phase 1 or Phase 2 of the Applications, or to both Phases, should be sent directly to ATCO c/o Mr. W. J. Beckett, at the address provided above. Twelve (12) copies should also be sent to:

Laurie Bayda, Application Officer, EUB Utilities Branch,
5th Floor, 640 – 5th Avenue SW
Calgary, Alberta T2P 3G4

and a copy e-mailed to the Utilities Branch at EUB.UTL@gov.ab.ca, if possible.

In addition, five (5) copies of the intervention should be delivered to the attention of Rob Spragins at the office of the MSA at the address shown above.

Schedule
Information Requests (IRs) to ATCO October 17, 2003
IR Responses from ATCO October 24, 2003
Written Submissions from Interveners October 31, 2003
Written Reply from ATCO November 7, 2003

Issued at Calgary, Alberta on October 7, 2003.