RISK MANAGEMENT POLICY
FOR
THE JUST ENERGY GROUP OF COMPANIES
FEBRUARY 2014
TABLE OF CONTENTS
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ARTICLE 1 RISK POLICY OUTLINE..................................................................................... 2
1.1 Scope, Objective and Purpose ................................................................................. 2 1.2 Background and Management Philosophy ............................................................. 3 1.3 Management Risk Committee and Risk Management Structure ............................ 4
1.4 Approved Management and Mitigation Activities ................................................. 7 1.5 Limits – Company and Individual Trader ............................................................... 7 1.6 Kickback Prohibitions ............................................................................................. 8 1.7 Repercussion of violations and remedial actions .................................................... 8 1.8 Limit Violation Notification Requirements ............................................................ 9
1.9 Risk Measurement .................................................................................................. 9 1.10 Controls ................................................................................................................. 10 1.11 Reporting............................................................................................................... 11
1.12 Policy Amendment Authority ............................................................................... 13
ARTICLE 2 RISK CONTROLS, MEASUREMENTS AND METRICS.............................. 14
2.1 New Product/Structure/Strategy Approval ........................................................... 14 2.2 Counterparty Credit Approval & Scoring ............................................................. 14
2.3 Customer Credit Approval and Scoring ................................................................ 15 2.4 Measurements and Metrics ................................................................................... 15
ARTICLE 3 MAJOR POLICY GUIDELINES ....................................................................... 18
3.1 Risk Limits ............................................................................................................ 18 3.3 Tenors (Duration or length of time of transacted Instruments) ............................ 20
3.4 Authorities............................................................................................................. 20 3.5 Limits .................................................................................................................... 20
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ARTICLE 1
RISK POLICY OUTLINE
1.1 Scope, Objective and Purpose
This document establishes the risk management policy related to the purchasing, price, volume
management and related activities for commodity, foreign exchange and interest rates of the Just
Energy Group (“JE”). Procurement and position management activities are primarily comprised
of natural gas, electricity, electricity capacity, natural gas pipeline and storage capacity and green
energy alternative purchases to meet Retail Sales commitments and activities associated with
foreign exchange and interest rate hedging.
It is acknowledged that these commodity procurement activities are integrally associated with
customer credit risk, particularly commercial customers. This document also establishes the risk
management limits associated with the aggregation and monitoring of customers where they are
separately identifiable for reporting purposes.
It is also acknowledged that these commodity procurement activities are integrally associated
with counterparty credit risk with the suppliers of the commodity contracts. JE is exposed to
risks associated with the potential losses that may arise from a counterparty‟s failure to honour
its obligations. JE‟s credit exposure is predominantly a function of the amount of cash required
to secure replacement supplies of a commodity in the event of non-performance by a
counterparty.
It is also acknowledged that these commodity procurement activities, along with competitor
pricing and utility prices, directly impact customer pricing. JE establishes targets and thresholds
for acceptable margins within the company. Commodity market pricing is a direct feed for
establishing appropriate pricing to meet these targets. (Further information on this may be found
in the Risk Procedures document.)
Senior management is committed to an effective risk management function to ensure appropriate
risk management and oversight. Risk management encompasses the acceptance and
management of risk as well as the elimination or mitigation of risk.
Through effective governance, clear protocols and required reporting provided herein, the senior
executives of the Company and the Board of Directors can confirm that:
The financial risk taken on by business activities as they relate to commodity, interest
rates and foreign exchange is in accordance with their financial expectations as set
out in the business plan, forecast or other internal documents as well as the MD&A
and AIF.
All approved policies and controls with regard to identified risks related to
commodity, interest rates and foreign exchange are clear, represent best practices and
are complied with.
This document also serves to define the role of the Management Risk Committee in commodity
hedging (including weather hedges), hedging foreign exchange, hedging interest rates, setting
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hedge position guidelines, establishing strategy and controls around position management and
establishing authorization requirements for hedges.
This document does not address any areas other than those mentioned above. For clarity,
regulatory, legal, collections and other risks are not addressed by this policy.
This document, including its appendices, shall be revisited annually, or as material changes occur
to the business to ensure that it is current with evolution of the organization as well as methods
and approaches in risk management. The provisions of previous versions of this document will
remain in effect until an updated version is fully adopted by JE‟s Board. New provisions in
subsequent versions of this document will not be applied retroactively unless this is explicitly
stated in the Policy update.
The head of the Risk Department is responsible for maintaining the master copy of this
document and ensuring that updates are captured in a timely manner. Any public dissemination
of these documents is also the responsibility of the head of the Risk Department.
1.2 Background and Management Philosophy
It is the intent of JE to transact in the energy market place in a manner that mitigates the risks
inherent in supplying energy commodities to retail customers. For clarity, JE recognizes that
there are risks inherent in the energy markets and strives to minimize these but recognizes that
complete elimination of all such risks is unachievable. Retail customers require variable
quantities of energy commodities due to usage patterns that are weather, economic, process,
product or schedule dependent. JE‟s hedge strategy encompasses a portion that is volume driven
and a portion that is margin driven. The difference between JE‟s volume or price of supply and
expected retail sale commitments are subject to the limits set forth in Article 3.5 of this policy.
The Company also has foreign exchange and interest rate exposures subject to the limits set forth
in Article 3.5 of this policy.
As a result, the Company may enter into hedges in the following situations:
In order to protect customer contract economics from subsequent fluctuations in
commodity prices
In order to protect customer contract economics from subsequent variability that may
alter the expected customer load based on normal weather,
To hedge the weather related and other volumetric or margin risks for gas and power
risks, books and portfolios. The Supply Department will assess the risk exposure in
conjunction with each transaction and buy appropriate instruments to limit this
exposure in accordance with the approved structures and strategies.
In order to protect the company from variability in foreign exchange,
In order to protect the company from variability in interest rates, and
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In order to protect the company from transaction and liquidity risk, where scarcity in
opportunity to purchase may drive decisions on timing and quantity
1.3 Management Risk Committee and Risk Management Structure
General Authorization
The Management Risk Committee has the general authority to develop appropriate policies and
procedures to ensure an appropriate risk control environment. The Management Risk Committee
has been delegated this authority from the Board of Directors and the Board Risk Committee.
Composition
The Management Risk Committee shall, at a minimum, include the SVP, Corporate Risk Officer,
the CFO, the COO, and the Commercial Division President.
Responsibilities
The Management Risk Committee has responsibility for setting the day to day risk management
policies including implementation and maintenance of an appropriate risk management
organization structure. The Management Risk Committee is responsible for establishing
procedures to implement this policy, designating authorized traders and the trade administrator,
ensuring an appropriate structure to monitor the status of hedge positions and strategies, ensuring
an appropriate control environment and communicating with the Board of Directors through the
Board Risk Committee. At a minimum, there will be an independent review of all transactions
and reports prescribed by this policy through the Risk Department including ensuring appropriate
transaction approvals, market source information and monitoring of positions in relation to
approved parameters.
The Supply Department is responsible for managing the commodity supply commitments of JE.
This includes the forecasting of customer load, purchase of commodity and the hedging of
market risk. This also includes managing the foreign exchange requirements as they relate to
hedging currency related to US dollar denominated commodity purchases for Canadian expected
retail requirements and managing the storage assets that arise through utility scheduling and
balancing. It also includes developing a method for transacting and then executing on corporate
foreign exchange requirements as communicated by Treasury. Finally, it includes the mitigation
and avoidance of risk through adherence to this policy and the guidelines contained herein.
Structuring is responsible for calculating and communicating retail prices to regions/divisions for
them to establish customer pricing that maintains margin targets.
The Treasury group is responsible for managing the foreign exchange requirements as they relate
to corporate cash flows together with interest rate commitments of JE and overall management of
related credit and collateral requirements. As foreign exchange requirements are identified
(inclusive of any commodity related requirements as communicated by Supply), they are
approved as to quantum and required timing then communicated to Supply for application of the
transaction strategy and execution.
The Credit and Collections group and Commercial Structuring group are responsible for
establishing and maintaining a corporate customer credit policy, oversight that there are
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appropriate internal measures for the processing of customer credit checks as well as monitoring
the creditworthiness of customers on an ongoing basis. For clarity, these areas are responsible
for customer risk and separate credit policies exist to manage consumer and commercial
customer credit risk; this policy addresses responsibilities and limits associated with commodity
counterparties.
Reporting
The Risk Department reports to the Board of Directors through the Board Risk Committee. The
Risk Department also reports directly to the CFO. With respect to transactions for interest and
foreign exchange, the Risk Department shall report directly to the COO.
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The Operational and Control Structure is as follows:
Board of Directors
Board Risk Committee
Executive Committee
Management Risk Committee
COO
CFO
EVP Commercial
Commercial Division COO
Risk Office
Treasury
Credit & Collections
Supply
Consumer Structuring
Commercial Structuring
(The dotted line indicates the flow of risk related items. Not all reporting follows these lines.) Roles and
responsibilities of these individuals/committees may be found in the Risk Procedures document.
Meetings
The Management Risk Committee will meet no less than monthly to review at least past, current
and proposed commodity price and volume risk, foreign exchange risk and interest rate risk
management activities in addition to review of limit excesses, policy breaches, new
product/structure proposals and existing product/structure reviews, however discussions at the
meetings shall not be limited to these topics. This shall be supplemented by regular reporting that
is disseminated to the members of the Management Risk Committee. Outside regularly
scheduled meetings, members may recommend hedging instruments and structures for
consideration and approval. Prior to implementation, these proposals are subject to the approval
conditions of Article 1.5 and Appendix III.
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At all meetings of the Management Risk Committee, a majority of its members is necessary to
constitute a quorum for the transaction of business. Any action of the Management Risk
Committee must be authorized by a majority of the members present. Between scheduled
meetings, the Management Risk Committee is authorized to take action by written consent of a
majority of its members.
Minutes of meetings will be kept by the SVP, Corporate Risk Officer to document decisions of
the committee and made available within a week of each meeting.
1.4 Approved Management and Mitigation Activities
JE may enter into Spot Purchases, Forwards, Simple Financial Puts and Calls, Fixed for Floating
Financial derivatives (Swaps) and other instruments as noted in Appendices I and II as
appropriate for meeting forecast retail obligations and within limits as established in Article 3.5.
Transactions are only permitted if in compliance with approved structures and strategies. At
least once per year, management will look to the upcoming winter and, if warranted, develop a
strategy to address risks in the natural gas portfolio for approval by the Board Risk Committee in
advance of implementation. The same shall be done for power for the upcoming summer.
1.5 Limits – Company and Individual Trader
Individual limits may be established and revised by the Management Risk Committee on the
basis of permitted risk tolerance. Risk tolerances of the Company are established by this policy.
Any change to established risk tolerances and associated limits as described by this policy
require prior approval of the Board Risk Committee which shall report any change to the Board
of Directors at its next meeting. For clarity, under no circumstances may the limits established
by this policy be overridden without prior approval of the Board Risk Committee.
The Management Risk Committee is responsible for ensuring the Company is within risk
tolerances established by this policy. The Management Risk Committee may establish lower
limits to manage risk within Board established limits. The Management Risk Committee can, at
any time, establish additional reporting requirements to ensure Company limit compliance.
Term transactions that are directly related to a specific customer may be transacted without
advance approval, however the associated customer load forecast must be uploaded to EMS by
the end of the next business day to support the back to back purchase. Should the transaction be
to cover several customers, documentation of customers‟ names and contract numbers shall be
uploaded. Transaction approval for the customer load associated with updates that do not
include assumption changes will be implicit with the approval of the load update. All other term
trades shall be approved by the SVP, Corporate Risk Officer and the SVP, Supply unless the
SVP Supply is trading in which case it will be approved by the COO. A standing approval may
be granted to accommodate other customer aggregation. Under no circumstances may these
limits be overridden. For clarity, should an individual trader wish to transact beyond his/her
established limits or constraints for a balancing transaction, additional approvals must be
obtained in advance of the trade. The aggregate level of trader limits shall at no time exceed the
Company limit. The Board Risk Committee will be informed of individual trader limits;
however approval of these limits is implicit in the delegation of operational controls to the
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Management Risk Committee. Appendix III details the levels of authority required for an
individual to transact on behalf of the Company.
1.6 Kickback Prohibitions
All staff regardless of division are prohibited from receiving compensation
including cash, gifts, favourable bid/ask spreads or other profit-sharing arrangements from
counterparties as part of the corporate Code of Business Conduct and Ethics Policy. During the
course of business, there will be various supplier events. For clarity, these events would be
considered a kickback if they were the cause for granting additional business to one counterparty
over another where the result is detrimental to the JE Group of companies. For example, if
commodity price quotes between two counterparties are significantly different, the trader should
be awarding the contract to the counterparty with the best price, all other factors being equal.
Where two trades are similar, consideration shall be made as to the overall counterparty risk of
the book and grant the trade to alleviate counterparty concentration risk. If there is ever a
question as to whether a supplier event could pose a conflict under this article, the Legal
Department or Risk Management Department must be consulted.
1.7 Repercussion of violations and remedial actions
Limit violations can fall into one of two categories; a compliance violation or a market-
sourced/changed situation violation.
Compliance Violations
Compliance violations are the result of intentional or unintentional violation of the limits
established by this policy such as trading without appropriate authorization. All compliance
violations must be reported within three business days of discovery to the Chair of the Board
Risk Committee together, if appropriate, with a recommendation for remedial action. Any
suspected cases of non-compliance by a member of the Management Risk Committee or
executive management shall be reported to Internal Audit or the Chair of the Board Risk
Committee directly within three business days of discovery. Any instance of non-compliance
may also be reported through the Whistleblower website www.justenergy.ethicspoint.com.
Failure to report a compliance violation is in itself considered a compliance violation. The Board
Risk Committee has final authority as to the remedial action. Such remedial action may include
consequences up to and including termination of the individual responsible.
Market sourced/changed situation violations
Market sourced/changed situation violations are usually the result of factors beyond the control
of the Supply and Risk Departments such as forward curve movement and the realization of
estimated forecast marketing run rates. The change in these factors may occur after a valid trade
has been appropriately approved and transacted. In addition, these types of violations can arise
from improvement of modeling; particularly forecast modeling. Market sourced/changed
situation violations require reporting to the Board Risk Committee at its regularly scheduled
meetings together with a review of the factors resulting in the violation. If the review indicates a
fundamental change in market factors impacting the Company on an on-going basis,
recommendations for policy revision may be developed and recommended.
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The Supply Department, Treasury, Credit and Collections groups as well as individuals from the
commercial division have the responsibility for complying with the terms of the Risk Policy.
The Risk Department has the responsibility of identifying and reporting breaches that occur. The
Management Risk Committee shall determine whether recommendations for remedial action are
appropriate. The Board Risk Committee shall make the final decision as to the recommended
remedial action.
1.8 Limit Violation Notification Requirements
The following limit violations must be brought to the attention of the Board of Directors through
the Board Risk Committee together with a proposed/enacted resolution to the violation (see
Article 2.4 and Appendix IV for definitions):
Open positions (long or short) in excess of defined limits (Volumetric Risk)
Expected unrealized customer margin less than defined limits (Margin Risk, Earnings
Risk)
Market value of open basis position in excess of defined limits (Basis Risk)
VaR in excess of defined limits (Volume, Price and Volatility Exposure Risk)
Expected margin less MTM of open position in excess of defined limits (Margin Risk)
Counterparty exposure in excess of defined limits (Credit Risk)
Contracting of instruments that have not been approved by the Management Risk
Committee (Structure Risk)
Contracting with counterparties that have not been approved by the Management Risk
Committee (Credit and Operational Risk)
Proposed resolutions may include, but are not limited to:
Eliminating the position through entering an offsetting purchase or sale
Holding the position for a certain period of time, with the approval of the Management
Risk Committee
Remedial actions to be pursued with the trader as recommended and approved by the
Management Risk Committee
1.9 Risk Measurement
JE measures its volume risk based on open positions relative to normal weather until 15 days
before delivery (at which time the actual weather forecast is used) and forecast retail load. JE
measures its margin risk based on customer margin relative to the internally marked price curves.
Reporting will focus on the quantification of the open positions volumetrically, using Market
value and VaR. Margin risks will also be reported. These measurements will be performed at a
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portfolio level for purposes of this policy however the Management Risk Committee, Supply
Department and Risk Management may choose to prepare measurements at a more granular level
for day to day monitoring purposes. Reports will be generated at a minimum weekly with daily
preparation preferred. Reports shall accommodate at least the required measurements of this
policy.
The Supply Department will continually evaluate the effectiveness of its risk mitigation efforts
overall and, as necessary, review on a more granular level and recalibrate models or approach as
necessary. Should this effort result in a proposed change to strategy, it shall be approved in
accordance with the requirements of this policy.
1.10 Controls
No leveraged contracts
JE may not enter into any contracts that effectively increase the contract quantity or the contract
price through use of linear or non-linear factors that effectively increase the quantity of the
position at the time of the transaction or are triggered by a future event.
Master Agreements required for Over-the-Counter Wholesale Contracts
All over-the-counter wholesale contracts that JE enters into are subject to contract provisions
with counterparties contained within master agreements (or long form contracts that set out terms
and conditions usually found in master agreements) unless otherwise approved by the
Management Risk Committee.
Wholesale market contracts only for which a fair value can reliably be obtained
The use of any transaction for which a fair market quotation cannot be obtained or which cannot
be valued reliably is prohibited. For clarity, in illiquid markets such as those associated with Just
Green, as long as a third party price quotation can be provided, the requirement of this control
will be met. Acceptable models for valuation should identify and quantify risks associated with
the transaction and demonstrate that the transaction is financially sound.
Limited Basis Risk
Trades are limited to supply or generation points and JE sales areas that are connected.
Contracts Only by Authorized traders
Only persons who have been specifically authorized by the Management Risk Committee to
execute contracts may do so.
Daily Reporting of Contracts:
Traders must record all new contracts and related transactions and all modifications to existing
contracts in the EMS system by the end of the business day on which the contract or
modification was executed.
Independent reviews:
On an ongoing basis and in conjunction with internal audit there will be independent testing of
compliance with the procedures and controls implemented to comply with this policy.
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Contract review:
On an ongoing basis, the Legal Department will review new standard contracts. Any non-
standard contract or contracts, including confirmations, prepared by counterparties should be
approved by the Legal Department prior to execution.
Confirmation of all contracts
Risk Department will confirm all transactions. All unresolved disputed transactions will be
reported to the Management Risk Committee.
Recording of execution of contracts:
All transactions must be executed either on an online exchange platform or via written
agreements, via a recorded telephone or via instant messaging. The recording of telephone lines
or instant messaging is not intended to replace the confirmation process; rather it will serve as an
additional back-up in case of disputes that are not resolved via the normal confirmation
procedure.
Additional controls and reporting possible:
The Management Risk Committee may establish any additional controls and reporting
requirements that it believes are appropriate.
Additional limitations possible
The Management Risk Committee may establish any additional limitations that it believes are
appropriate.
1.11 Reporting
Board of Directors
The Board of Directors, through the Board Risk Committee, will receive reports on the
Company‟s measured risk exposure at each regularly convened meeting. These reports shall, at a
minimum, exhibit the risk exposure to the end of each commodity portfolio measured in
accordance with the Major Policy Guidelines of Article 3 and the related Appendices. The
measured risk exposure for each of foreign exchange and interest rates will also be reported.
The following items shall be measured in accordance with Article 3.5 and require specific
reference at the regularly scheduled meetings of the Board Risk Committee;
(i) status at the time of the current report, and
(ii) any violations experienced since the last report, and
(iii) remediation taken of:
Open positions (long or short) on volume basis
VaR of the portfolio
A calculation showing the net expected Margin compared to minimum requirements
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The overall mark to market of the supply contracts by counterparty together with any
violation of counterparty limits, including permitted counterparties, whether intentional
or unintentional.
The market value of the open basis positions
Any unintentional violations of contracting limits, including permitted instruments and
tenors
The following requires immediate reporting:
Any intentional unapproved violations of contracting limits, including permitted instruments
Limit violations wherein management recommends leaving the violation uncorrected for a
period of time.
These specific items shall be prepared for at least each commodity portfolio and also for foreign
exchange and interest rates as applicable.
The Board Risk Committee Chair is granted the authority to approve exception transactions
together with management recommendations between Board Risk Committee meetings. Should
the Board Risk Committee Chair determine that full Board Risk Committee approval is required;
a special meeting of the Board Risk Committee will be held to process such approval.
Executive Committee
The Executive Committee will receive reports on commodity, volume and margin risk, foreign
exchange risk and interest rate risk management activities including volumes hedged and the
market value of hedges in such form and at such times as the Executive Committee shall
determine. The Risk Department and Supply Department shall independently prepare their
reports for dissemination as requested. At a minimum, the hedge position over the entire
portfolio shall be reviewed monthly. In addition, the Executive Committee shall receive all
internal audit findings relating to commodity price risk, foreign exchange risk and interest rate
risk management issues at such time as they are prepared. Any breach of the existing Major
Policy Guidelines of Article 3.5 shall be reported to the Executive Committee and the Board
Risk Committee.
Disclosure Committee
The Management Risk Committee is obliged to report any material matter which could impact
public disclosure to the Disclosure Committee for consideration.
Management Risk Committee
The Management Risk Committee shall receive regular reporting at least at the level required for
the Board of Directors but may determine more detailed reporting is appropriate. In addition, the
Management Risk Committee shall receive the results of other analyses such as stress testing,
back testing, risk adjusted performance, Cash Flow at Risk or Value at Risk that may be prepared
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by either the Supply or Risk Departments. The Risk Department will endeavour to provide
reporting at least weekly or more frequently.
All limit violations are reported immediately to members of the Management Risk Committee
through the dissemination of the regular report.
1.12 Policy Amendment Authority
Amendments to this document will be required from time to time. Any changes to this document
must be approved by JE‟s Board Risk Committee through delegation. All approved changes to
this document will require:
Communication of changes to affected employees
Review of those changes and giving individuals time to ask questions in regards to changes
made
Acknowledgement in writing by each employee covered under the risk management policy
that he or she has
o Received communication of the changes
o Confirmed understanding of requirements of the associated changes to the risk
management policy
o Agreed to fully comply with the updated risk management policy
This last point shall be evidenced through an annual acknowledgement form.
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ARTICLE 2
RISK CONTROLS, MEASUREMENTS AND METRICS
2.1 New Product/Structure/Strategy Approval
For purposes of this document:
Instrument:
a new type of financial or physical derivative not previously considered by this policy.
Structure:
utilizes approved instruments in a new configuration to reduce risk in either the supply
portfolio or in proposing products for commercial customers. (For example, the Illinois
hedging structure when it was first implemented used physical and financial derivatives
together in a way not previously applied by the Company but both the physical and
financial derivatives were previously approved instruments for transaction.)
Strategy
an approach to the risks of the business wherein the key underlying goals of risk
mitigation are changed. (For example, the goal of locking in the margin on contracts is
changed to only locking in a portion, individual market hedging is changed to a portfolio
approach or the goal of locking in foreign exchange over a single year is changed to
locking in the rate over a longer tenor.)
All new instruments, structures and strategies must be approved by the Management Risk
Committee. The Board Risk Committee shall be informed of all new hedging strategies and any
materially new instruments or structures.
The Board Risk Committee shall be provided a presentation annually assessing the upcoming
winter together with a proposed strategy as to how best mitigate risk within the gas portfolio. At
the first meeting following the end of the winter season, an evaluation of the past winter strategy
to the outcomes will also be presented. Likewise the Board Risk Committee shall be provided a
presentation annually assessing the upcoming summer together with a proposed strategy as to
how best mitigate risk within the power portfolio. At the first meeting following the end of the
summer season, an evaluation of the past summer strategy to the outcomes will also be
presented.
2.2 Counterparty Credit Approval & Scoring
The retail organization is predominantly a purchaser of energy. It contracts for commodities to
meet its retail sales requirements and closely aligns its supply purchases with these sales. The
company also considers margin risk within its portfolios. Sales to counterparties are generally
made to balance portfolio open positions and are short-term in nature. As a result, the Company
has minimal receivables from counterparties at any given time and the majority of the
commodity counterparty exposure is in the risk of future non-performance by a counterparty in a
transaction where all or a portion of the price has been fixed. Total company exposure,
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particularly where receivables are included, shall be contemplated in the limits assigned in these
circumstances.
JE‟s decision to enter into transactions with counterparties must include consideration of credit
risk. JE generally limits its commodity transactions to entities with a high degree of financial
viability which generally hold significant physical or contractual assets and are therefore able to
enter the Intercreditor facility. JE seeks to conduct the majority of its commodity transactions
with these suppliers while limiting transactions with smaller suppliers. JE must balance the need
to acquire economically beneficial supplies while being assured of physical and financial
performance by a counterparty. Subject to the exception of Article 3.5(iv), the Company may
not transact with any counterparties below a „Baa2‟ rating by Moody‟s, „BBB‟ by S&P, BBB by
DBRS or the equivalent rating of other agencies without advance Board Risk Committee
approval. Such approval must consider the associated limitations of the Credit Facility.
Each counterparty must have an ISDA Master Swap Agreement or other approved master
contract in place with the JE entity with which it is doing business. Any other agreement, such
as a long form confirmation, requires Legal approval.
Management Risk Committee approval is required for all collateral posting requirements
associated with hedges to the extent that they are unique in nature. If collateral posting is
according to formula within a master agreement or other regular and independently verifiable
means such as is required by wire service operators, explicit Management Risk Committee
approval is not required.
2.3 Customer Credit Approval and Scoring
Customer credit policies are addressed by the Credit Policies that are monitored and maintained
by Credit and Collections and the Commercial Structuring groups. The Risk Group obtains
information for customers 1000RCEs or greater including:
individual and overall aging
remaining term and
annual usage
2.4 Measurements and Metrics
The limits of this policy are associated with a variety of measurements that require definition to
ensure consistency and accuracy. All limits contemplate the overall position of JE regardless of
how it is recorded internally (i.e. through a wholesale book, retail book, storage book or any
other form of separation).
The Company‟s commodity risk is generally segregated to its power portfolio and its gas
portfolio. Where there are heat rate conversions, the supply and the associated contractual
requirements shall be associated with the appropriate portfolio for measurement purposes. i.e.
customer demand and heat rate will be contained within the power portfolio and the associated
gas requirement together with any associated gas supply contracts in the gas portfolio. All
supply and demand associated with carbon offsets and green generated power will be segregated
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into separate JustGreen/JustClean gas and JustGreen/JustClean power portfolios respectively for
measurement purposes.
There are two key components of demand applicable to the gas, power and green portfolios.
These are, customer flowing load and the variability imbedded within customer contracts (such
as load following). In addition, the gas book has storage and other assets which also impact
demand requirements. Variable load customers shall only be included into the fixed load
position when a hedge is put in place (typically monthly but can be longer term). The load
position shall also include relevant volumes associated with fixed price exposures of index
customers. Pricing must reflect the month-ahead hedge along with market prices. Storage for
index price customers shall be included in the positions according to the storage reporting and
strategies regularly reviewed and agreed by the Management Risk Committee. Storage for
variable price load shall be included in the position when a hedge is put in place.
Total Expected Customer Requirements:
This is the overall consumption that is forecast for a portfolio. It is comprised of:
i. expected weather normalized consumption for customers under a fixed
price contract with Just Energy inclusive of approved assumptions such as
attrition, plus
ii. expected weather normalized consumption for customers under a variable
price contract for which fixed price supply has been procured and/or for
which the price has been set, plus
iii. the forecast weather normalized consumption of customers for which Just
Energy is purchasing supply to implement a sales, retention, re-contracting
or renewal campaign, plus
iv. fuel requirements to ship expected weather normalized consumption of
customers captured under (i), (ii), (iii) in addition to index customers, plus
v. Basis requirement associated with index customers, plus
vi. Expected weather normalized consumption associated with customer
options for which Just Energy has entered into a mitigating trade.
vii. Fixed price requirements from customer contracts that have revenue
component linked to a commodity index i.e. Fixed Heat Rate customers,
Index Rate Customers
Total Expected Natural Gas Storage Requirements:
This is the overall future natural gas storage injection (withdrawal) that is forecast
for the portfolio. Each gas market has storage associated with it, however the
method by which each utility allocates this storage is different. Regardless of how
storage is allocated by the utility, it shall be separated from total customer
requirements as defined above and tracked according to the requirements laid out
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in this section and as such where this section refers to injection, it means both
explicit and implied storage requirements communicated by the utility. Expected
natural gas storage requirements are comprised of:
i. expected injections for customers under fixed price contracts with Just
Energy
ii. the forecast injections for customers for which Just Energy is purchasing
supply to implement sales, retention, or re-contracting campaigns, plus
iii. Anticipated injections for fixed price customers renewing a service
agreement contract with Just Energy, plus
iv. Anticipated injections for index customers, plus
v. Expected injections for variable price customers once a storage hedge is
placed.
Contracted Customer requirements:
Weather normalized customer consumption for customers under contract with Just
Energy net of any storage assets accumulated (which are tracked separately). Key
variables in this forecast include actual consumption data, customer type, delivery
pool, attrition and historical weather data.
New Campaign Customer requirements:
Forecast weather normalized consumption for anticipated additional customers for
new sales campaigns for which supply has been or will shortly be purchased. The
key variables in this forecast include those for contracted customer forecasts as
well as marketing run rates.
Open Position: An open position is calculated as a sum of customer weather normalized
consumption, storage requirement and related contracted supply. Note that by
default these calculations include the open basis position. The overall company
open position shall be calculated using contracted customer requirements as well
as forecast and contracted customer requirements inclusive of any options. Limits
shall be applied to the position for which the underlying supply, including assets,
has been purchased or allocated.
Value at Risk “VaR” The maximum loss that will not be exceeded with a given probability (defined as
the confidence level), over a given period of time. For purposes of this policy, the
VaR results from taking the open position for the relevant measurement and
calculating the dollar loss that is probable of occurring within a 99% confidence
interval using current market volatilities and an assumption that the position will
only be held for one day. For example, a value at risk of $10,000 under this
method of calculation means that for one day in 100 (1% of the time), holding the
open position for one day could result in a gain or loss of $10,000 or more using
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market valuation. The VaR for each of the gas and power portfolios shall be
consolidated with consideration of correlation to arrive at the overall VaR of the
organization.
Reporting Period VaR
Reporting Period VaR calculates a VaR for each discrete reporting period open
position. Reporting Period VaR is defined as Monthly VaR for current and next
quarter, Quarterly VaR for remaining quarters in current year and all quarters in
the following calendar year and Annual VaR for all remaining calendar years.
Short Term VaR
Short term VaR calculates a VaR over a limited period of time up to at most the
upcoming three months.
Mark to Market “MTM”:
The mark to market calculation is a result of taking the relevant open position by
month and multiplying it by the difference between the associated forward market
price and the cost of the associated contract. For example, the mark to market for
a counterparty will be a summation of the net contracted volumes with that
counterparty (essentially the open position with that counterparty) at each delivery
point multiplied by the difference between the associated market forward curve
and the cost of the underlying contracts.
Market Value:
The market value is calculated by taking the open position and multiplying it the
market price at each relevant delivery point.
The base calculation for all portfolios shall start with the open position calculated by
taking the net of the forecast consumption for contracted customers, forecast storage
requirements and contracted supply inclusive of all options and applicable assets. The
risk policy limits shall be applied by taking this base position and adding new campaign
customer requirements and expected additional customer requirements for weather
consumption for which underlying supply has been purchased. Differences to the base
position will be measured.
The largest factors that influence limits are weather, model risk (including but not limited to
accuracy of assumptions), regulatory, market price, sales run rates and attrition. Results of
calculations are heavily dependent upon the timing of the calculation and the accuracy of the
assumptions around attrition. As a matter of course, Supply and Risk will stress test these factors
as specified in the Risk Management Procedures document.
ARTICLE 3
MAJOR POLICY GUIDELINES
3.1 Risk Limits
The fundamental control over market risks inherent in JE‟s derivative portfolio is
the imposition of risk limits. Risk limits are dollar denominated or volume based values that
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define boundaries of permissible derivative purchase and sales activities as a result of sales
requirements, foreign exchange, and interest rates and restrict unauthorized derivative purchase
and sales activities. Risk limits are developed based on tolerances of management and the Board
of Directors for margin impairment due to uncovered positions with influences from credit
agreements and availability of the products.
3.2 Instruments
The Company may elect to manage its commodity, foreign exchange and interest rate risks
through derivative instruments. The use of derivative instruments is authorized for hedging
activities only. Hedges may consist of multiple contracts which, in combination, reduce the
Company‟s risk exposure. Hedges may only be transacted using the instruments outlined in this
Article or the related appendices. The Company may not, at any time, write uncovered options
to hedge its position without express approval by the Management Risk Committee. (For clarity,
the sale of a previously purchased option or combination of options is permitted, at strike prices
that may not match those of initial transaction. As well, the writing of an option that is covered
by a customer option is permitted. However writing an entirely new option that is not covered is
prohibited.) At no time is the sale or writing of an option to be considered a balancing
transaction.
Board approval is required for proposed new hedging strategies, regardless of whether the
strategy employs instruments permitted under this policy. The Management Risk Committee
must consider the availability of Treasury lines, cost benefit of each new hedging structure and
strategy as it relates to both the risk being hedged and its impact on counterparty collateral
requirements in its recommendations to the Board.
The Company may elect to manage its commodity volume, and margin risks, foreign exchange
risk and interest rate risk through the following instruments (noting that naming conventions may
differ by market or counterparty):
Future or forward contracts (physical or financial)
Renewable Energy Certificates
Carbon Emission Offset Credits
Storage Assets
Transportation and other Assets
Swaps (physical, financial, fixed for floating, fixed for fixed, floating for floating)
Spreads (spark, crack, etc.)
Heat Rate (for index physical power)
Options contracts ( any complex option contract must be approved in advance by the
Management Risk Committee)
Extraction contracts
Transmission rights contracts
Auction revenue rights
Congestion revenue rights
Power generation capacity contracts (supply or reserve)
Weather derivatives (swaps and options)
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Participating forwards
See Appendix I for current permitted commodity hedge instruments and Appendix II for current
permitted foreign exchange and interest rate hedge instruments. These instruments may be
updated from time to time at the discretion of the Management Risk Committee provided such
updated terms are in accordance with this policy.
3.3 Tenors (Duration or length of time of transacted Instruments)
The overall term for Hedges in connection with any commodity risk except transportation shall
not, without prior approval by the Board of Directors, exceed the term of the hedged item or
portfolio.
The overall term for Hedges in connection with foreign exchange or interest rate risk shall not,
without prior approval by the Board of Directors, exceed the approved budget or outlook
scenarios.
To the extent that JE enters into Power Purchase Agreements (“PPA”s), generation tolling
agreements, storage capacity arrangements or ownership of natural gas assets, the hedges
associated with these agreements shall be subject to review and approval of the Management
Risk Committee. Any strategies associated with these agreements are subject to the
requirements of Article 2.1.
3.4 Authorities
The Management Risk Committee is responsible for coordinating authorization for trade
execution within the limits set by the Board of Directors. Such authorization shall only be
granted to those familiar with these risk policy guidelines. Increasing levels of authorization are
required within the Company and are included in Appendix III together with the procedures
required when authorities overlap.
The Board Risk Committee Chair is granted the authority to approve exception transactions
together with management recommendations between Board Risk Committee meetings. Should
the Board Risk Committee Chair determine that full Board Risk Committee approval is required;
a special meeting of the Board Risk Committee will be held to process such approval.
3.5 Limits
The following are the limits for Just Energy. The Management Risk Committee may choose to
measure risk at a more granular level and impose more restrictive limits than those set out below.
(i) Commodity Price Risk
(A) Ratio of Total Expected Customer Requirements
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At no time shall the ratio of the Total Expected Customer Requirements to
the Contracted Customer requirements be greater than 1.1:1.
(B) At Risk Limit
The company will not enter into open natural gas or power supply
commitments that expose Just Energy to a dollar impact in excess of
$2,500,000 in VaR as measured using the open position for the next 12
months in accordance with 2.5 of this Policy.
(C) Storage Injections Requirements
JE will comply with all injection and ratchet requirements of each of the
utilities with which it interacts.
(D) Storage Limit
By October 31 of each year, the upcoming winter storage plan will be
summarized for the Management Risk Committee and approval granted
prior to its execution.
(E) Natural gas Portfolio Position Limit
Although the company manages its natural gas portfolio to a net zero
supply/demand position based on normal weather, the company may enter
into supply contracts which, over time, exceed or fall short of the
estimated quantities of commodity required to cover natural gas
requirements to its customers during the time period covered by the
forecast load, primarily as a result of changed assumptions related to
weather. Natural gas term markets get increasingly illiquid with the
increase in tenor of the natural gas contract. Just Energy has set its
volumetric limits to account for market liquidity and tradable wholesale
products. During any single reporting period, the Company‟s natural gas
open volumetric position inclusive of all options may not exceed or fall
short of estimated normal weather customer requirements by greater than
9,000GJ/day. Reporting Period Limit for natural gas is defined as Monthly
Limit for prompt month and any single month in the current and upcoming
gas year and then per season gas strips thereafter (i.e. Nov-Mar and Apr-
Oct). Should the Company have a stack and roll structure implemented
that, when adjusted, is within this volume, it shall be reported without
adjustment and noted as an approved exception.
(F) Locational Natural gas Portfolio Basis Limit
The company buys natural gas in bulk at liquid delivery points and covers
geographical disparity with basis trades. During any single month for the
upcoming 12 months, the natural gas open volumetric basis position may
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not exceed or fall short of estimated normal weather customer
requirements at each delivery point by greater than 10,000 GJ/Day except
for the following delivery points that are considered liquid trading hubs
and are allowed to hold open positions based on the following limits for
any given month;
AECO Nova Inventory Transfer 100,000 GJ/Day
NYMEX Henry Hub 100,000 mmbtu/Day
Empress 25,000 GJ/Day
NGI Chicago 25,000 mmbtu/Day
Dawn 25,000 GJ/Day
Station 65 25,000 mmbtu/Day
For purposes of all winter months in the prompt 12 months, delivery
regions shall all be balanced to within 10,000GJ/day or mmbtu/day as
applicable. For example, a delivery region of the Midwest is balanced by
closing the basis from NYMEX to Nicor but the basis between Nicor and
the remaining Midwest delivery points may not be yet closed.
For purposes of the prompt month, all delivery points shall be balanced to
within 10,000 GJ or mmbtu/day.
(G) Financial Natural gas Portfolio Basis Limit
At no time shall the absolute market value of the open position calculated
using the open position‟s prices at each relevant delivery point less the
absolute market value of the open position calculated using NYMEX of
US prices or AECO for Canadian prices exceed $2M in the upcoming year
or $5M in any fiscal year thereafter.
(H) Natural Gas Expected Margin Limit
During any single month, the Company‟s expected margin for natural gas
(as quantified by the budgeting and forecasting group and determined in
accordance with the Risk Management Procedures document) less the
associated mark to market of the open position for that month shall not
result in a loss of more than $350,000 for that month.
(I) Customer Margin Limit
At no time shall the expected average customer gross margin measured in
accordance with the credit facility parameters for either gas or power for
the upcoming 24 months be less than $135/RCE for residential customers
and $50/RCE for commercial customers.
(J) Financial Power Portfolio Basis Limit
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The market value of the open basis position inclusive of all options shall
not exceed $6M in any given annual period or $30M overall in the
portfolio.
(K) Power Portfolio Position Limit
Although the company manages its power portfolio to a net zero
supply/demand position based on normal weather, the company may enter
into supply contracts which, over time, exceed or fall short of the
estimated quantities of commodity required to cover power requirements
to its customers during the time period covered by the forecast load,
primarily as a result of changed assumptions related to weather. Power
term markets get increasingly illiquid with the increase in tenor of the
power contract. Just Energy has set its volumetric limits to account for
market liquidity and tradable wholesale products. During any single
reporting period, the Company‟s power open volumetric position inclusive
of all options may not exceed or fall short of estimated normal weather
customer requirements by greater than 25 MWs. Reporting Period Limit is
defined as Monthly Limit for prompt month and any single month in the
current and upcoming quarter, Quarterly Limit for remaining quarters in
current year and all quarters in the upcoming calendar year and Annual
Limit for remaining calendar years.
(L) Power Expected Margin Limit
During any single month, the Company‟s expected margin for power (as
quantified by the budgeting and forecasting group and determined in
accordance with the Risk Management Procedures document) less the
associated mark to market of the open position for that month shall not
result in a loss of more than $350,000 for that month.
(M) Power Capacity Limit
By the last day of February each year, at least 80% of expected capacity
requirements of the upcoming summer for each market shall be hedged.
(N) Power Ancillary Limit
By the last day of February each year, the upcoming summer ancillary
requirements will be summarized for the Management Risk Committee
and any proposed hedges will be reviewed.
(O) Natural gas and Power combined Portfolio Reporting Period At Risk
Limit
The company will not enter into open natural gas supply commitments
that when combined with its open power supply commitments expose Just
Energy (by consolidating gas VaR and power VaR for each reporting
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period in accordance with 2.4 of this policy) to in excess of $300,000 for
any single month in current and upcoming quarter, in excess of $750,000
for any quarters remaining in the current year and upcoming calendar year,
and in excess of $1,800,000 for any calendar year thereafter.
(P) Variable Transactions
Only (i) balancing transactions (ii) transactions to accommodate index or
variable customers, (iii) transportation, (iv) brown components of a
bundled green contract, and (v) transactions to hedge weather volume risk
are permitted to be at variable prices or use interruptible delivery.
(Q) JustGreen and JustClean Gas Portfolio Position Limit
Although the company manages its JustGreen and JustClean gas portfolio
to a net zero supply/demand position based on normal weather, the
company may enter into supply contracts which, over time, exceed or fall
short of the estimated quantities of commodity required to provide for
customers‟ carbon offset requirements during the time period covered by
the forecast load, primarily as a result of changed assumptions related to
weather. During any single year, the Company‟s JustGreen and JustClean
combined gas open volumetric position may not fall short of the estimated
normal weather customer requirements. It may not exceed the open
volumetric position by the greater of 5% of the portfolio or 200,000
tonnes.
(R) JustGreen and JustClean Power Portfolio Position Limit
Although the company manages its JustGreen and JustClean power
portfolio to a net zero supply/demand position based on normal weather,
the company may enter into supply contracts which, over time, exceed or
fall short of the estimated quantities of commodity required to provide for
customers‟ renewable energy during the time period covered by the
forecast load, primarily as a result of changed assumptions related to
weather. During any single year, the Company‟s JustGreen and JustClean
combined power open volumetric position may not fall short of the
estimated normal weather customer requirements. It may not exceed the
open volumetric position by the greater of 5% of the portfolio or 200,000
MWh.
(S) Green power Compliance Limit
The company is required to deliver renewal energy certificates to cover an
established percentage of its annual load in certain markets. The open
position created by this requirement shall not be less than 5% of the
compliance portfolio or 100,000MWh.
(T) Just Energy Short Term Risk
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Although the company manages its power portfolio to a net zero
supply/demand position based on normal weather, as the delivery date
approaches, the actual weather forecast is applied instead and the risk of
financial exposure in the near term period increases. To mitigate this risk,
sensitivities to weather shall be tracked and proactively mitigated.
(ii) Foreign Exchange Risk
Corporate cash flow hedging activities will be reviewed monthly in conjunction with
monthly cash flow model updates and, as applicable, the quarterly reforecast or budget.
Hedges will be placed to cover the following anticipated cross border cash flows:
60-90% of the forecast quarterly royalty payments for the next 12 months.
Trades must be placed so that the following percentages are filled:
o At least 25% but less than 90% of all the quarters filled by the end of
the current quarter
o At least 60% but less than 90% of all the quarters filled by the end of
the 2nd quarter following when the cash flows were identified
60-90% of the forecast quarterly interest payments for the next 12 months.
Trades must be placed so that the following percentages are filled:
o At least 25% but less than 90% of all the quarters filled by the end of
the current quarter
o At least 60% but less than 90% of all the quarters filled by the end of
the 2nd quarter following when the cash flows were identified
25-90% of all other forecast cash flows within the next 6 months to the extent
that the forecast transfer is in excess of USD $7.5M.
0 - 50% of the forecast quarterly royalty and interest payments, after a
consideration of certainty of cash flow, for the next 13 - 24 months.
Trades must be placed so that identified cash flows are filled by the end of the month in
which the cross border cash flow occurs.
The forecast cash flows shall be calculated as set out in the Risk Management Procedures
document taking into consideration the specified payment priorities.
Commodity related foreign cash flow risk will be reviewed at the execution of each
commodity transaction and communicated with Treasury for inclusion in the above
calculation. To facilitate margin reporting, at the time of the foreign cash flow
communication, a rate will be agreed with Treasury.
(iii) Interest Rate Risk
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JE‟s budget and forecast consists of a one year budget and 2 further outlook years. Long
term interest rate hedges shall be reviewed quarterly in conjunction with the quarterly
reforecast or budget and transacted if variable debt exceeds a constant minimum level in
each year of the outlook years of $75M based on the forecast model that contains the
most likely business case scenario for the year (i.e. base case plus most likely dividends).
For clarity, the fixed rate debt implemented for National Energy Corporation for the
water heater business is excluded from the calculation. At least 50% of such minimum
variable debt shall be hedged. Such hedging shall contemplate independently debt in
each of Canada and the United States. Interest on variable debt for the budget year shall
be minimized through active management using Bankers Acceptances and LIBOR
advances.
(iv) Customer Limits
Exposure to a customer is defined as:
Unpaid Accounts Receivable plus
Undiscounted mark to market of customer specific supply less
Unpaid Accounts Payable less
Credit Enhancements
JE‟s exposure to any one customer is monitored in accordance with the Risk Management
Procedures.
(v) Counterparty Limits
JE may transact over the counter or through exchanges. Each counterparty must have an
ISDA Master Swap Agreement or other approved documentation in place with the
appropriate JE entity. Any special arrangement outside the limits listed below requires
the approval of the Board of Directors or Board Risk Committee by delegation.
The following counterparty limits apply:
(A) Mark to Market
The Company shall use the following grid as a reference point for discussions
with suppliers. The Company shall not be exposed to any individual counterparty
on a mark to market basis (measured as contracted supply multiplied by the
difference between the contract rate and market price) in excess of the following:
Intercreditor Suppliers:
Rating
Moody‟s S&P DBRS or Fitch Mark to Market
Aa3 & > AA- & > AA(low) & > $200,000,000
A3 to A1 A- to A+ A(low) to A(high) $150,000,000
Baa1 BBB+ BBB(high) $100,000,000
Baa2 BBB BBB $50,000,000
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OR
Non-Intercreditor Suppliers:
Rating
Moody‟s S&P DBRS or Fitch Mark to Market
Aa3 & > AA- & > AA(low) & > $80,000,000
A3 to A1 A- to A+ A(low) to A(high) $65,000,000
Baa1 BBB+ BBB(high) $40,000,000
Baa2 BBB BBB $15,000,000
OR
in excess of the agreed terms of the master contract arrangements. Should such
terms exceed the above grids, then Board Risk Committee approval is required.
Should any of these thresholds be exceeded or the thresholds as approved by the
Board Risk Committee be exceeded, appropriate security is required. In the
instance of a counterparty possessing a split rating, the lower of the ratings shall
apply unless otherwise authorized by the Management Risk & Board Risk
Committees.
(B) Credit rating of counterparty
The Company may not transact with any counterparties below a „Baa2‟ rating by
Moody‟s, a „BBB‟ rating by Standard & Poors' or the equivalent rating from
another agency without appropriate security. Acceptable security is:
- cash
- letters of credit
- parental guaranty from a rated counterparty with the thresholds of this policy
applied to the parent and limited by the amount of the parental guaranty
(C) Unrated counterparties
At the discretion of the CFO, the Company may transact with unrated
counterparties up to the limits established for BBB rated Counterparties. Any
transaction with an unrated counterparty in excess of BBB limits requires Board
Risk Committee approval. At no time shall this approval allow for a transaction
beyond the prompt 6 months from the date of the contract.