Application for Permission to Appeal
ENMAX Energy Corporation (“ENMAX”) filed an application for permission to appeal AUC Decision 790-D03-2015.
In its application, ENMAX seeks the following orders from the Alberta Court of Appeal (“ABCA”):
(a) Permission to appeal from Decision 790-D03-2015, in respect of Module “B” of AUC Proceeding 790;
(b) Abridging the time for service of the application, and extending the time for bringing the application;
(c) Adjourning the application sine die (i.e. without any fixed date) to be heard at the conclusion of Module “C” of AUC Proceeding 790, in accordance with the reasons in Capital Power Corporation v Alberta (Utilities Commission) or in the alternative, to a fixed date; and
(d) Such further and other relief that the ABCA may grant;
(collectively, the “Application”).
The Application itself was filed to preserve time pursuant to paragraph 5(b) of the Consolidated Practice Directions of the Court of Appeal of Alberta.
The grounds upon which ENMAX submitted the Application alleged that the AUC committed the following errors of law or jurisdiction:
(a) Finding that an Incremental Loss Factor (“ILF”) methodology for calculating raw loss factors, as proposed by the Alberta Electric System Operator (“AESO”) and as amended by the AUC, complies with the Electric Utilities Act (“EUA”) and the Transmission Regulation (“T-Reg”);
(b) Approving its own amendment to the ILF methodology, which was not proposed by any party and in respect of which no party was given the opportunity to make submissions;
(c) Finding that the superposition methodology proposed by ENMAX for calculating loss factors did not comply with the EUA and the T-Reg; and
(d) Misinterpreting the requirements in the T-Reg applicable to transmission line losses and the rules regarding transmission line losses that the AESO is required to make.
A hearing on the Application is currently set for June 21, 2016 in the ABCA.
