Direct Energy Marketing Limited. Direct Energy Regulated Services Inter-Affiliate Code of Conduct

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1 Decision D Direct Energy Regulated Services Inter-Affiliate Code of Conduct July 6, 2016

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3 Alberta Utilities Commission Decision D Direct Energy Regulated Services Inter-Affiliate Code of Conduct Proceeding July 6, 2016 Published by Alberta Utilities Commission Fifth Avenue Place, Fourth Floor, 425 First Street S.W. Calgary, Alberta T2P 3L8 Telephone: Fax: Website:

4 Contents 1 Introduction Commission findings Direct Energy Regulated Services Order... 3 ii Decision D (July 6, 2016)

5 Alberta Utilities Commission Calgary, Alberta Direct Energy Regulated Services Inter-Affiliate Code of Conduct Decision D Proceeding Introduction 1. In this decision the Alberta Utilities Commission considers an application by Direct Energy Regulated Services (DERS) on behalf of (DEML) for approval and payment of its costs of participation in Proceeding (the costs claim application). The Commission has awarded reduced costs to the applicant for the reasons set out below. 2. Proceeding (the original proceeding) was convened by the Commission to consider DERS Inter-Affiliate Code of Conduct application. The original proceeding included information requests to DERS and responses from DERS. The close of record for the original proceeding was February 29, 2016, and the Commission issued Decision D on March 14, DERS submitted its costs claim application on March 23, 2016, within the 30 day timeline permitted by the Commission s rules. The Commission assigned Proceeding and Application A001 to the costs claim application. 4. On April 4, 2016, DERS submitted a revised costs claim application, reducing the amounts claimed. DERS explained it had become aware that three duplicate invoices were submitted in the costs claim application filed in this proceeding and in the costs claim filed in Proceeding DERS clarified that it had identified all duplicative hours and adjusted the costs claimed in the two proceedings. On April 5, 2016, the Commission issued a revised summary of costs claimed and a revised request for comments. 5. No comments were filed with respect to the costs application and the Commission considers the close of record for this proceeding to be April 19, 2016, the deadline for the filing of comments on DERS revised costs claim application. 1 2 Decision D : Direct Energy Regulated Services Inter-Affiliate Code of Conduct, Proceeding 21218, Application A001, March 14, Costs Claim of Direct Energy Regulated Services for Default Rate Tariff and Regulated Rate Tariff Compliance Filing, Proceeding 21269, Application A001. Decision D (July 6, 2016) 1

6 Direct Energy Regulated Services Inter-Affiliate Code of Conduct 2 Commission findings 6. The Commission s authority to award costs for participation in a utility rates proceeding is found in Section 21 of the Alberta Utilities Commission Act. When considering a claim for costs for a utility rates proceeding, the Commission is also guided by the factors set out in Section 11 of AUC Rule 022. Appendix A of AUC Rule 022 prescribes a Scale of Costs applicable to all costs claimed. 2.1 Direct Energy Regulated Services 7. The following table summarizes DERS revised costs claim. Claimant Hours Fees Disbursements GST Total Preparation Attendance Argument DERS Lawson Lundell LLP $37, $0.00 $0.00 $37, Total $37, $0.00 $0.00 $37, The Commission finds that DERS acted responsibly in the original proceeding and contributed to a better understanding of the relevant issues in the proceeding. However, the Commission is unable to approve the full amount of the costs claimed in respect of the services performed by Lawson Lundell LLP for the reasons provided below. Lawson Lundell LLP 9. DERS was represented by Lawson Lundell LLP in the original proceeding. The fees claimed by DERS for the legal services provided by Mr. Lewis Manning, Ms. Shailaz Dhalla, and Mr. Mark Graham relate to researching legislation and code of conduct matters; drafting opinions and memoranda; reviewing opinions and memoranda; reviewing codes of conduct approved by the Commission; drafting letters to the Commission; preparing and attending at meetings with DERS; and drafting DERS Inter-Affiliate Code of Conduct. 10. The Commission finds that the services performed by Mr. Manning, Ms. Dhalla, and Mr. Graham were directly and necessarily related to DERS participation in the original proceeding, and that the fees, which were claimed in accordance with the Scale of Costs for those services, are reasonable. However, the Commission notes that on page 3 of Invoice No , there is one hour claimed on December 8, 2015 for review of compliance filing argument by Mr. Manning that does not relate to the original proceeding. Parties did not file argument in the original proceeding. Therefore, the Commission denies recovery by DERS of the cost associated with this claim, in the amount of $ Accordingly, the Commission approves DERS claim for legal fees for services provided by Lawson Lundell LLP in the total amount of $36, Decision D (July 6, 2016)

7 Direct Energy Regulated Services Inter-Affiliate Code of Conduct 3 Order 12. It is hereby ordered that: 1) Direct Energy Regulated Services shall pay external costs in the amount of $36, Dated on July 6, Alberta Utilities Commission (original signed by) Anne Michaud Commission Member Decision D (July 6, 2016) 3