Acts and Regulations

2003-19 - Gas Distributor Marketing

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2003-19
under the
Gas Distribution Act, 1999
(O.C. 2003-131)
Filed May 22, 2003
Under section 95 of the Gas Distribution Act, 1999, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Gas Distributor Marketing Regulation - Gas Distribution Act, 1999.
Definitions
2In this Regulation
“Act” means the Gas Distribution Act, 1999. (Loi)
Terms and conditions
3(1)The following are the terms and conditions under which a gas distributor may sell or offer to sell gas under subsection 51(2) of the Act:
(a) Repealed: 2006-24
(b) Repealed: 2006-24
(c) the price to be charged to customers for gas shall be calculated in accordance section 4 or 4.1, as the case may be, unless the Board has made an order under section 59 of the Act regulating the price to be charged by a gas distributor;
(d) a gas distributor shall post, in relation to its standard offer under section 4, the following on its Internet site and publicize the following in any manner required by the Board:
(i) the price that the gas distributor charged customers for gas in each of the preceding twelve months;
(ii) the price that the gas distributor is charging customers for gas for the current month; and
(iii) the price that the gas distributor is forecasting to charge customers for gas for the following twelve month period;
(e) within six months after beginning to sell gas, a gas distributor shall file with the Board a Gas Purchasing Plan that complies with section 5;
(f) on or before the thirty-first day of March in each year, a gas distributor shall file with the Board for its review a financial report that complies with section 6;
(g) a gas distributor shall provide each of its customers with an invoice each month which shall include the following information as separate items for that month:
(i) distribution charges;
(ii) commodity charges;
(iii) other charges; and
(iv) applicable taxes;
(h) the date upon which a contract for the sale of gas expires shall be prominently displayed on a customer’s monthly invoice or as directed by the Board;
(i) a gas distributor shall advise a customer of all available gas supplier options no more than ninety days and no less than sixty days before the expiration of a contract for the sale of gas;
(j) a gas distributor that decides to cease selling or offering to sell gas shall file with the Board a Customer Management Proposal that complies with section 7.
3(2)If an associate or affiliate of a gas distributor holds a certificate, the gas distributor may only sell or offer to sell gas under subsection 51(2) of the Act if the associate or affiliate does not enter into a contract with a customer for the sale of gas after the commencement of this regulation.
3(3)Repealed: 2006-24
2006-24
Standard offer
2006-24
4(1)A gas distributor that sells gas shall make available a standard offering having a term of one year and shall calculate the price of gas in the manner and for the period determined by the Board, which price shall be based on the cost estimated by the gas distributor for purchasing gas and selling gas to customers.
4(2)For the purposes of subsection (1), the difference between the estimated cost of purchasing and selling gas and the actual cost of purchasing and selling gas for a period determined by the Board shall be included in the forecasted price of gas for a period determined by the Board.
2006-24; 2016, c.41, s.26
Alternative offers
2006-24
4.1A gas distributor may offer alternative pricing and contract terms for gas sales to customers if its revenues from such gas sales are equal to or greater than the gas distributor’s cost of purchasing and selling gas to such customers.
2006-24
Gas Purchasing Plan
5(1)A Gas Purchasing Plan shall state the principles that will govern how a gas distributor will purchase gas for sale to customers and shall include
(a) an estimate of customer gas requirements,
(b) a plan for procuring gas, and
(c) pricing strategies.
5(2)A gas distributor shall purchase gas for sale to customers in accordance with the Gas Purchasing Plan filed pursuant to paragraph 3(1)(e).
5(3)A Gas Purchasing Plan filed pursuant to paragraph 3(1)(e) is confidential and shall not be disclosed by the Board.
Financial report
6(1)A financial report shall be in a form provided by the Board and shall include for the standard offer under section 4 and collectively for the alternative offers under section 4.1 the following information for the twelve month period ending on the thirty-first day of December prior to the report:
(a) the expenditures related to and revenue from the sale of gas;
(b) the expenditures related to and revenue from the provision of customer services; and
(c) the expenditures related to and revenue from the distribution of gas.
6(2)The Board shall review a financial report filed pursuant to paragraph 3(1)(f) to satisfy itself that
(a) the gas distributor is not cross-subsidizing between the sale of gas and the distribution of gas,
(b) the prices charged by the gas distributor for gas and are reasonable and sufficiently competitive to protect the interests of customers,
(c) the price to be charged by the gas distributor to customers for gas has been calculated in accordance with section 4 or 4.1, as the case may be, and
(d) the gas distributor has purchased gas for sale to customers in accordance with its Gas Purchasing Plan filed pursuant to paragraph 3(1)(e).
6(3)After reviewing a financial report filed pursuant paragraph 3(1)(f), the Board may make any order or give any direction under section 71 of the Act that it considers necessary.
2006-24
Customer Management Proposal
7(1)A Customer Management Proposal shall be in a form provided by the Board and shall include information as to how the gas distributor’s customers for the sale of gas shall be dealt with, including their transfer to a gas marketer if the gas distributor decides it will no longer sell gas to customers.
7(2)Where the gas distributor decides that it will no longer sell gas to customers, it shall notify the Board and the Board shall order the gas distributor to transfer its customers for the sale of gas to a gas marketer
(a) in accordance with its Customer Management Proposal, or
(b) in such other manner as the Board considers appropriate in the circumstances.
7(3)When issuing an order under subsection (2), the Board may impose such terms and conditions on the transfer of the customers as the Board considers necessary for the protection of the interests of the gas distributor’s customers or the interests of the public.
2006-24
Commencement
8This Regulation comes into force on May 22, 2003.
N.B. This Regulation is consolidated to December 16, 2016.