Tomahawk Rural Electrification Association Limited

Similar documents
Devonia Rural Electrification Association Ltd.

Drayton Valley Rural Electrification Association Ltd.

Armena Rural Electrification Association Ltd.

Decision D ATCO Electric Ltd Annual Performance-Based Regulation Rate Adjustment Filing. Costs Award

ENMAX Power Corporation

Cochrane Lakes Gas Co-op Ltd.

Decision D FortisAlberta Inc. Application for Orders Confirming Boundaries of FortisAlberta Inc. Exclusive Municipal Franchise Areas

Savanna Villas Condominium Association

Chief Mountain Gas Co-op Ltd. and County of Cardston

Alberta Electric System Operator

Brooks Heat and Power Ltd.

Rebasing for the PBR Plans for Alberta Electric and Gas Distribution Utilities. First Compliance Proceeding

Transmission Common Group Application

Alberta Electric System Operator

Utility Asset Disposition

AltaLink Management Ltd.

Alberta Electric System Operator

Alberta Electric System Operator. Provost to Edgerton and Nilrem to Vermilion Transmission System Reinforcement Needs Identification Document

Decision D

ROLES, RELATIONSHIPS AND RESPONSIBILITIES REGULATION, 2003

Central Alberta Rural Electrification Association Limited

Dalziel Enterprises Ltd.

Enel Alberta Wind Inc. General Partner of the Castle Rock Ridge Limited Partnership

ENMAX Power Corporation

ENVIRONMENTAL APPEAL BOARD REGULATION

Salt Box Coulee Water Supply Company Ltd. Customer Complaints - Infrastructure Repair Expense

Suncor Energy Products Inc.

Date: January 14, 2011 Re: Final Offer Behaviour Enforcement Guidelines and stakeholder comments on the draft

[Rule 6.3 and 10.52(1)] COURTFILENO FLED COURT COURT OF QUEEN S BENCH OF ALBERTA NOV

BUILDING CODE REGULATION

TO THE CREDITORS OF ALBERTA LTD., carrying on business as SPAREPARTS

PROTECTION AGAINST FAMILY VIOLENCE REGULATION

ALBERTA PULSE GROWERS COMMISSION AUTHORIZATION REGULATION

2018 Bill 14. Fourth Session, 29th Legislature, 67 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 14 AN ACT TO EMPOWER UTILITY CONSUMERS

1. Approve the financial statements of the Society and receive the Auditor s report regarding such financial statements

File No. 185-A February 2003 T0: ALL INTERESTED PARTIES

- 2 - on August 7, 2014 (the Receivership Order ), applies for an order, substantially in the form attached as Schedule A hereto:

FOREST LAND USE AND MANAGEMENT REGULATIONS

ENVIRONMENTAL ASSESSMENT REGULATION

TO THE CREDITORS OF SASKATCHEWAN LTD., carrying on business as SPAREPARTS

Doc#: 3 Filed: 07/09/18 Entered: 07/09/18 15:00:36 Page 1 of 4

Petition to the Minister of Municipal Affairs Revised March 2017

THIRTY-FIFTH SESSION OF THE IPCC Geneva, 6-9 June 2012 IPCC OBSERVER ORGANIZATIONS. Role of the European Union

NEW JERSEY BOARD OF PUBLIC UTILITIES 44 South Clinton Avenue 3 rd Floor, Suite 314, P.O. Box 350 Trenton, New Jersey

VIA August 7, Mr. John R. Cusano Gowling Lafleur Henderson LLP 1600, th Avenue SW Calgary, Alberta T2P 4K9

PROTECTION FOR PERSONS IN CARE (MINISTERIAL) REGULATION

SECURITIES REGULATION

Alberta Municipal Affairs

INTERVENOR REQUEST FORM

CIVIL SERVICE GARNISHEE ACT

EXPROPRIATION ACT RULES OF PROCEDURE AND PRACTICE

REGIONAL HEALTH AUTHORITY MEMBERSHIP REGULATION

PRACTICE REVIEW OF TEACHERS REGULATION

PROTECTION OF CHILDREN ABUSING DRUGS REGULATION

PRIVATE SEWAGE DISPOSAL SYSTEMS REGULATION

August 11, To: Parties currently registered on Proceeding 21030

The BC Oil and Gas Commission hereby corrects the amendment to a permit identified and dated above as follows:

TRANSITIONAL MEMBERSHIP REGULATION

RULES OF PRACTICE OF THE NATURAL RESOURCES CONSERVATION BOARD REGULATION

TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 PART 5) REGULATION

PATIENT CONCERNS RESOLUTION PROCESS REGULATION

FARM IMPLEMENT DEALERSHIPS ACT

DESIGNATION OF CONSTITUTIONAL DECISION MAKERS REGULATION

REVOKED AS OF APRIL 11, 2016

Declaration Pursuant to Section 106 of the Oil and Gas Conservation Act

Municipal Affairs PETITION THE MINISTER OF MUNICIPAL AFFAIRS. Information for the General Public, Elected Officials and Municipal Officers

FEES AND EXPENSES FOR WITNESSES AND INTERPRETERS REGULATION

ELECTRONIC TRANSACTIONS ACT GENERAL REGULATION

Municipal Affairs PETITION TO COUNCIL. Information for the General Public, Elected Officials and Municipal Officers

TRAVEL ALBERTA GENERAL REGULATION

SURFACE RIGHTS ACT GENERAL REGULATION

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION

ANIMAL HEALTH (GENERAL) REGULATION

THE 12 Days of Christmas Giveaway SWEEPSTAKE

CBI KEYSTONE INVESTMENT CLASS ACTION PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS

Province of Alberta FOREST RESERVES ACT. Revised Statutes of Alberta 2000 Chapter F-20. Current as of March 11, Office Consolidation

COURT OF QUEEN'S BENCH OF ALBERTA IN BANKRUPTCY AND INSOLVENCY IN THE MATTER OF THE BANKRUPTCY OF LARCH MANAGEMENT LTD.

ENFORCEMENT OF PRIVATE SURFACE AGREEMENT RULES

SCHOOL BUSINESS OFFICIALS REGULATION

WATER (OFFENCES AND PENALTIES) REGULATION

REGIONAL HEALTH AUTHORITY COLLECTIVE BARGAINING REGULATION

PETITIONS. An Information Handout on Petitions for use by the General Public, Elected Officials and Municipal Officers

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE

ALBERTA INVESTMENT MANAGEMENT CORPORATION REGULATION

CONSTITUTIONAL REFERENDUM ACT

Municipal Affairs PETITION TO COUNCIL. Information for the General Public, Elected Officials and Municipal Officers

Review and Investigation Procedures

Harley-Davidson, Inc. (Exact name of registrant as specified in its charter)

ALBERTA CENTENNIAL MEDAL ACT

TRANSCRIPT FEES AND FORMAT REGULATION

STATE OF NEW JERSEY Board of Public Utilities 44 South Clinton Avenue, 9th Floor Post Office Box 350 Trenton, New Jersey

Alberta Justice and Solicitor General. Information for Self-represented Litigants In. Provincial Court. Adult Criminal Court

INFORMATION BULLETIN

PERSONAL PROPERTY REGISTRY ACCREDITATION AND DOCUMENT HANDLING REGULATION

FOURTEENTH REPORT TO THE COURT BY ERNST & YOUNG INC. AS CCAA MONITOR OF THE UBG GROUP OF COMPANIES BENNETT JONES LLP

BLACKFOOT FIRST NATIONS SACRED CEREMONIAL OBJECTS REPATRIATION REGULATION

DOMESTIC TRADE AGREEMENTS REGULATION

Michael A. Loberg Professional Corporation Barrister & Solicitor. February 26, 2015 By

NOTARIES AND COMMISSIONERS ACT

HORSE RACING ALBERTA AMENDMENT ACT, 2014

Transcription:

Decision 21657-D01-2016 Varied Code of Conduct Regulation Compliance Plan December 22, 2016

Alberta Utilities Commission Decision 21657-D01-2016 Varied Code of Conduct Regulation Compliance Plan Proceeding 21657 Application 21657-A001 December 22, 2016 Published by the: Alberta Utilities Commission Fifth Avenue Place, Fourth Floor, 425 First Street S.W. Calgary, Alberta T2P 3L8 Telephone: 403-592-8845 Fax: 403-592-4406 Website: www.auc.ab.ca

Contents 1 Introduction and process... 1 2 Analysis... 3 3 Commission findings... 5 4 Order... 6 Appendix 1 varied Code of Conduct Regulation compliance plan... 7 Decision 21657-D01-2016 (December 22, 2016) i

Alberta Utilities Commission Calgary, Alberta Decision 21657-D01-2016 Varied Code of Conduct Regulation Compliance Plan Proceeding 21657 1 Introduction and process 1. On May 31, 2016, EQUS Rural Electrification Association Ltd. (EQUS), filed an application with the Alberta Utilities Commission on behalf of Tomahawk Rural Electrification Association Limited (Tomahawk REA) seeking approval of a varied compliance plan pursuant to Section 30(1) of the Code of Conduct Regulation and Rule 030: Compliance with the Code of Conduct Regulation. A draft of the varied compliance plan was included with the application. 1 2. The Commission issued a notice of application on June 2, 2016, requesting written submissions by June 16, 2016. 2 On July 6, 2016 the Tomahawk REA Membership Society (the Society) filed a late statement of intent to participate raising concerns about Tomahawk REA and the application. 3 On July 13, 2016, Tomahawk REA filed a response to the Society 4 contending that the Society had not properly expressed a relevant interest in the proceeding. Therefore, Tomahawk REA submitted that the interest of the Society was out of scope of the compliance plan proceeding and the Commission should proceed to consider and approve the varied compliance plan without further process. 3. On July 20, 2016, the Commission issued a letter requesting clarification that the individuals who signed the statement of intent to participate were members of the Tomahawk REA and also representatives of other Tomahawk REA members. 5 The same letter established an information request (IR) process setting IRs due to the Tomahawk REA on or before August 11, 2016 and IR responses due from the Tomahawk REA by September 16, 2016. 4. The Society filed a letter confirming that the directors of the Society are members of Tomahawk REA on July 29, 2016. 6 In that same letter, the Society requested further information on how to submit IRs and on August 3, 2016, the Commission provided further guidance to the Society in this regard. 7 On August 8, 2016 Tomahawk REA filed a letter indicating that it maintained its objection to the participation of the Society and that it would not be responding to any IRs from the Society. 8 1 2 3 4 5 6 7 8 Exhibit 21657-X0001, TREA Varied Compliance Plan 05-31-2016, May 31, 2016. Exhibit 21657-X0008, Notice of application, June 2, 2016. Exhibit 21657-X0010, Tomahawk REA Membership Society Letter to AUC, July 6, 2016. Exhibit 21657-X0011, Letter of Applicant re SIP Filing ID 21657, July 16, 2016. Exhibit 21657-X0012, AUC letter to parties - process for Proceeding 21657, July 20, 2016. Exhibit 21657-X0013, 2016-07-29 Letter to AUC, July 29, 2016. Exhibit 21657-X0015, AUC to Tomahawk - Further direction regarding information requests, August 3, 2016. Exhibit 21657-X0016, Letter of Applicant re Tomahawk REA Membership Society ID 2165, August 8, 2016. Decision 21657-D01-2016 (December 22, 2016) 1

Varied Code of Conduct Regulation Compliance Plan 5. On August 11, 2016 both the Commission and the Society sent IRs to the Tomahawk REA. 9, 10 The Society submitted an additional letter to the Commission on August 21, 2016, which included correspondence received by a Society member from Tomahawk REA. 11 6. Tomahawk REA filed IR responses with the Commission on September 9, 2016. 12, 13 Tomahawk REA included a revised version of its compliance plan (revised compliance plan) that reflected changes necessitated by the IR responses. 14 7. The Society filed a motion 15 on September 20, 2016 seeking an order or orders from the Commission that the Tomahawk REA provide full and complete responses to several of the Society s IRs, set out in an attachment to its submission. 16 The Commission issued a letter on September 21, 2016, establishing a process to address the Society s motion. 17 In accordance with the process schedule, the Tomahawk REA filed its response to the motion on September 28, 2016 18 and the Society filed its reply submission on October 5, 2016. 19 8. On November 10, 2016, the Commission issued a ruling on the Society s motion directing Tomahawk REA to respond to a further question from the Commission. 20 The additional IR response was received from Tomahawk REA on November 15, 2016. 21 On November 16, 2016, Tomahawk REA submitted that no further process was required 22 and the Society responded with comments regarding the Tomahawk REA IR response. 23 9. The Commission determined that parties were permitted to submit written argument and reply argument by November 30, 2016 and December 5, 2016, respectively. 24 Argument was submitted by both Tomahawk REA 25 and the Society 26 on November 30, 2016. Reply argument 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Exhibit 21657-X0018, Information request, August 11, 2016. Exhibit 21657-X0022, TREA-TREAMS-2016AUG11-001 and Exhibits 21657-X0023 to 21657-X0035, Attachments to information requests, August 11, 2016. Exhibit 21657-X0036, 2016-08-21 Letter to AUC and Exhibit 21657-X0037, 2016-08-15 Ltr from TREA to B. Bundt, August 21, 2016. Exhibit 21657-X0039, ID 21657 TREA Responses to Commission Information Requests, September 9, 2016. Exhibit 21657-X0042, ID 21657 TREA Responses to Society Information Requests, September 9, 2016. Exhibit 21657-X0040, TomahawkREA-AUC-2016AUG11-001 Attachment 1, September 9, 2016. Exhibit 21657-X0047, 2016-09-20 Letter to AUC, September 20, 2016. Exhibit 21657-X0049, TREAEnergyOptionInformationSheet_0043-TREAMS, September 20, 2016. Exhibit 21657-X0051, AUC letter - process to consider Tomahawk REA motion to compel responses to information requests, September 21, 2016. Exhibit 21657-X0053, Submissions ID 21657 Tomahawk REA in Response to Motion, and Exhibit 21666- X0054, Appendix A Tomahawk REA Response to Society Motion ID 21657, September 28, 2016. Exhibit 21657-X0055, 2016-10-05 Letter to AUC and Exhibit 21666-X0056, AppendixATREAMSocietyResponseMotion, October 5, 2016. Exhibit 21657-X0057, AUC Ruling - 2016-11-10 and Exhibit 21657-0058, Appendix A Commission Ruling - 2016-11-10, November 10, 2016. Exhibit 21657-X0059, ID 21657 Tomahawk REA Responses to AUC Round 2 IR, November 15, 2016. Exhibit 21657-X0061, Tomahawk REA Letter re Further Process, November 16, 2016. Exhibit 21657-X0060, 2016-11-16 Letter to AUC, November 16, 2016. Exhibit 21657-X0062, Letter to Parties re Further process, November 18, 2016. Exhibit 21657-X0063, ID 21657 Tomahawk REA Argument, November 30, 2016. Exhibit 21657-X0065, 2016-11-30 TREAMS Argument, November 30, 2016. 2 Decision 21657-D01-2016 (December 22, 2016)

Varied Code of Conduct Regulation Compliance Plan was submitted by Tomahawk REA. 27 The Society declined to file reply argument 28 on December 5, 2016. 10. Concurrent with its December 5, 2016 submission, the Society filed correspondence from the Office of the Minister of Agriculture and Forestry of Alberta, that confirmed that the Minister has conducted an investigation of Tomahawk REA and has reached conclusions under Section 27(1) of the Rural Utilities Act. 29 The Commission understands that a formal decision from the Minister pursuant to the Rural Utilities Act is pending. 11. The matters described above are separate and apart from the AUC proceeding which is the subject of this decision. The Commission has consequently confined its deliberations to the requirements of the Code of Conduct Regulation and will not consider or make findings related to matters that are properly before the Minister. 12. Under Section 45(6) of the Code of Conduct Regulation, Tomahawk REA, an electricity distributor, was required to file a new compliance plan in sufficient time for the Commission to consider and approve same before January 1, 2017 and was permitted to file a varied plan, under Rule 030. The Commission is of the view that a Code of Conduct Regulation compliance plan is of benefit to customers and, if further changes occur as a result of the pending decision pursuant to the Rural Utilities Act, a further revised compliance plan may be required. The Commission will consider any such application when it is filed. 13. The Commission considers the record of this proceeding to have closed on December 5, 2016. In reaching the determinations set out within this decision, the Commission has considered all relevant materials comprising the record of this proceeding. Accordingly, references in this decision to specific parts of the record are intended to assist the reader in understanding the Commission s reasoning relating to a particular matter and should not be taken as an indication that the Commission did not consider all relevant portions of the record with respect to a particular matter. 2 Analysis 14. Section 37(1)(a) of the Code of Conduct Regulation authorizes the Commission to make a rule to vary the requirements of Section 30(4) in the case of a distributor with a small number of customers. On March 31, 2016, the Commission issued Bulletin 2016-11 approving Rule 030, which came into effect on April 1, 2016. Section 3(1) of Rule 030 provides that a distributor that has 5,000 customers or less may file a varied compliance plan. Section 3(3) of Rule 030 requires a varied plan to include at least the following: (a) (b) A list of the distributor s affiliated providers. A description of how the notice required by Section 34 of the Code of Conduct Regulation will be given to the public. 27 28 29 Exhibit 21657-X0068, ID 21657 Tomahawk REA Reply Submissions, December 5, 2016. Exhibit 21657-X0066, 2016-12-05 Letter to AUC Reply Argument, December 5, 2016. Exhibit 21657-X0067, 2016-12-02 posted on TREA website (pg 5 highlighted), December 5, 2016. Decision 21657-D01-2016 (December 22, 2016) 3

Varied Code of Conduct Regulation Compliance Plan (c) A description of the procedure that may be used for the voluntary resolution of complaints about non-compliance with the Code of Conduct Regulation or the compliance plan. 15. Sections 3(3)(a), 3(3)(b) and 3(3)(c) of Rule 030 correspond to the compliance plan requirements in sections 30(4)(a), 30(4) (i), and 30(4) (j) of the Code of Conduct Regulation respectively. 16. In its proposed compliance plan, Tomahawk REA confirmed that it has fewer than 5,000 members, in accordance with the limit specified in Section 3(1) of Rule 030. The Tomahawk REA is therefore eligible for a varied compliance plan. Its proposed compliance plan included the information specified in Rule 030 for a varied code of conduct compliance plan. 17. The Commission understands that Tomahawk REA has entered into an agreement for cooperation and joint venture with EQUS, which contracts for various services to be provided to Tomahawk REA by EQUS. The Commission further understands that no new legal entity was created by this agreement. 30 In IR response TomahawkREA-AUC-2016NOV15-001(f), Tomahawk REA clarified the responsibility of the compliance officer, an EQUS employee, and the procedure for reporting complaints to the Tomahawk REA board of directors: 31 Accordingly, the support to be provided by EQUS REA to Tomahawk REA includes the provision of staff performing the role of compliance officer for the purposes of the varied compliance plan of Tomahawk REA. However, consistent with its powers under the Rural Utilities Act and under the varied compliance plan, the board of directors of Tomahawk REA receives and considers all complaints and approves the annual compliance plan filed with the Commission. [footnote omitted] 18. With this clarification, the Commission considers that, in this instance, having a compliance officer available to Tomahawk REA in the manner described is of benefit to customers. Further, the Commission is satisfied that the arrangement requires no further scrutiny as it relates to the requirements of the Code of Conduct Regulation. 19. Section 34(1) requires that notice be given to the public that complaints about contraventions of the Code of Conduct Regulation may be made to the Commission or the Market Surveillance Administrator. Section 34(2) requires that the Commission approve the notice and that it be made clear that the AUC and the Market Surveillance Administrator are independent of distributors, regulated rates suppliers and affiliated providers. The Commission finds that the proposed notice wording, as reproduced below from the proposed compliance plan, satisfies the requirements of Section 34 of the Code of Conduct Regulation: 3.1 Tomahawk REA will inform the public and provide the following notice of how complaints about the contraventions of the Regulation or this compliance plan may be made to the Commission or the Market Surveillance Administrator on its website (www.tomahawkrea.com): 30 31 Exhibit 21657-X0059, ID 21657 Tomahawk REA Responses to AUC Round 2 IR, November 15, 2016, PDF page 1. Exhibit 21657-X0059, ID 21657 Tomahawk REA Responses to AUC Round 2 IR, November 15, 2016, PDF page 6. 4 Decision 21657-D01-2016 (December 22, 2016)

Varied Code of Conduct Regulation Compliance Plan Complaints about contraventions of the Code of Conduct Regulation may be made to the Alberta Utilities Commission or the Market Surveillance Administrator. The Alberta Utilities Commission can be reached by contacting 1-780-427-4903 or consumerrelations@auc.ab.ca. The Market Surveillance Administrator can be reached by contacting 1-403-705-3181 or compliance@albertamsa.ca. The Alberta Utilities Commission and the Market Surveillance Administrator are independent of Tomahawk REA and the regulated rate suppliers and affiliated providers. 3 Commission findings 20. The Commission finds that the compliance plan appended to this decision meets the requirements for a varied compliance plan. It is therefore approved by the Commission effective January 1, 2017 and, if applicable, should be distributed to the regulated rate supplier and affiliated providers. The approved compliance plan should also be posted on Tomahawk REA s website. 21. The Commission is mindful that the list of retailers included in the varied compliance plan will change over time. Should the list of retailers require updating, Tomahawk REA is directed to include the updated list in its annual report filed with the Commission, rather than seek approval of a revised compliance plan. 22. The Commission also wishes to remind Tomahawk REA of the following two reporting requirements. Under Section 4 of Rule 030, any non-compliance with the Code of Conduct Regulation or the compliance plan is to be reported to the Commission within 30 days of Tomahawk REA becoming aware of the non-compliance. Under Section 33(2) of the Code of Conduct Regulation, an annual compliance report is required and must be approved by the board of directors of Tomahawk REA and filed with the Commission within 90 days after the end of each calendar year. The first such report will be due in March 2018 for the 2017 calendar year. For ease of reference, templates for the reports are posted on the Commission s website under Rule 030. 23. These documents should be filed as reports in the AUC s efiling System as Code of conduct regulation self reporting or Code of conduct regulation annual compliance report. For assistance with the AUC s efiling System, please contact info@auc.ab.ca or 403-592-4500. Decision 21657-D01-2016 (December 22, 2016) 5

Varied Code of Conduct Regulation Compliance Plan 4 Order 24. It is hereby ordered that: (a) The wording and method of providing notice to the public in Section 3.1 of the varied compliance plan attached as Appendix 1 to this decision, is approved. (b) The varied compliance plan attached as Appendix 1 to this decision is approved effective January 1, 2017. Dated on December 22, 2016. Alberta Utilities Commission (original signed by) Anne Michaud Commission Member 6 Decision 21657-D01-2016 (December 22, 2016)

Varied Code of Conduct Regulation Compliance Plan Appendix 1 varied Code of Conduct Regulation compliance plan Tomahawk REA varied Code of Conduc (contains 2 pages) Decision 21657-D01-2016 (December 22, 2016) 7

TomahawkREA-AUC-2016AUG11-001 Attachment 1 Code of Conduct Regulation (AR 58/2015) Compliance Plan (Varied) 1.0 Introduction 1.1 (Tomahawk REA) is a distributor of electricity. This compliance plan has been prepared as a varied compliance plan in accordance with AUC Rule 030: Compliance with the Code of Conduct Regulation, Section 3. Tomahawk REA has 685 members to which it provides regulated rate services and which is less than the 5,000 limit, as specified in Section 3(1) of Rule 030. Tomahawk REA has entered into an Agreement for Cooperation and Joint Venture with EQUS REA LTD. ( EQUS ) and adopts EQUS compliance plan, as applicable. 1.2 The contact for any compliance matters is: Name: Charlene Glazer Position: Business Alignment Manager, EQUS Address: 5803-42 Street (Box 6199) Innisfail, AB T4G 1S8 Phone Number: 403.227.4011 Email: cglazer@equs.ca 2.0 Affiliated Providers 2.1 EQUS is the regulated rate provider to Tomahawk REA as defined in Section 1(1)(o) of the Code of Conduct Regulation. 2.2 Tomahawk REA offers its members a Co-operative Energy Rate, which is an affiliated provider function on behalf of its members under s. 6.1(1) of the Roles, Relationships and Responsibilities Regulation. 2.3 Tomahawk REA has made arrangements with the following retailers to provide retail energy services to Tomahawk REA members: Alberta Cooperative Energy Alberta Power (2000) Ltd. AltaGas Ltd. Direct Energy Marketing Limited Fluent Utilities Inc. Hudson Energy Canada Corp. Just Energy Alberta L.P. Link Energy Supply Inc. Mountain View Power Park Power Spot Power Utility Network and Partners Inc. Tomahawk REA is not affiliated with any of the above retailers. Code of Conduct Compliance Plan AUC approval date

TomahawkREA-AUC-2016AUG11-001 Attachment 1 3.0 Information about Complaints 3.1 Tomahawk REA will inform the public and provide the following notice of how complaints about the contraventions of the Regulation or this compliance plan may be made to the Commission or the Market Surveillance Administrator on its website (www.tomahawkrea.com): Complaints about contraventions of the Code of Conduct Regulation may be made to the Alberta Utilities Commission or the Market Surveillance Administrator. The Alberta Utilities Commission can be reached by contacting 1-780-427-4903 or consumer-relations@auc.ab.ca. The Market Surveillance Administrator can be reached by contacting 1-403-705-3181 or compliance@albertamsa.ca. The Alberta Utilities Commission and the Market Surveillance Administrator are independent of Tomahawk REA and the regulated rate suppliers and affiliated providers. 3.2 Tomahawk REA will report to its board of directors within 30 days, any non-compliance with the Regulation and this compliance plan, the action taken to remedy any non-compliance, and any complaints of non-compliance and how the complaints have been dealt with. 3.3 No later than March 31 each year, the compliance officer will send the Commission an annual compliance report that has been approved by the board of directors for the previous calendar year which will include any non-compliance, complaints and remedies from the quarterly reports. 3.4 Tomahawk REA s compliance officer will keep a record of all complaints regarding non-compliance with its plan or the Regulation for a minimum of six years. Code of Conduct Compliance Plan AUC approval date