Market Oversight and Enforcement – FEOC
In this decision, the AUC granted the application from Pembina Pipeline Corporation (“Pembina”) for an order to permit the sharing of records pertaining to the electricity and ancillary services markets under Section 3 of the Fair, Efficient and Open Competition Regulation (“FEOC Regulation”).
Introduction and Procedural Background
Pembina filed an application seeking permission to share records not available to the public between Pembina and URICA Energy Real Time Ltd. (“URICA”), relating to Pembina’s pump stations in northwest Alberta, which have the capability to provide up to 15 megawatts (MW) of supplemental operating reserves. In their capacity to provide supplemental reserves, these pump stations operate under the Alberta Electric System Operator asset ID PPNW (Pembina pump stations).
Subsection 3(3) of the FEOC Regulation authorizes the AUC to issue an order permitting the sharing of records on any terms and conditions that the AUC considers appropriate, provided that certain requirements are satisfied. The AUC found that those requirements were met.
The AUC was satisfied that Pembina had demonstrated that the sharing of records with URICA was reasonably necessary for Enbridge to carry out its business and that the subject records would not be used for any purpose that did not support the fair, efficient and openly competitive operation of the Alberta electricity market, including the conduct referred to in Section 2 of the FEOC Regulation. Relying on submissions from Pembina and written representations from Pembina and URICA, the AUC was satisfied that Pembina and URICA would conduct themselves in a manner that supports the fair, efficient and openly competitive operation of the market.
The AUC further found that the total offer control of Pembina and URICA was well below the maximum of 30 per cent, set out in Subsection 5(5) of the FEOC Regulation.
Given the Market Surveillance Administrator’s (“MSA”)’s mandate under Subsection 39(2)(a)(vi) of the Alberta Utilities Commission Act, the AUC considered the MSA’s support of this application to have been a contributing factor in the decision to permit the sharing of records.
The AUC approved the application.