Fair, Efficient and Open Competition Regulation – Sharing of Records
In this decision, the AUC granted the application from Enbridge Pipelines Inc. (“Enbridge”) 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
Enbridge filed an application seeking permission to share records not available to the public between Enbridge and URICA Energy Real Time Ltd. (“URICA”), relating to the 20.01-megawatt (MW) South Edmonton Terminal Power Generation Facility (asset ID SET1).
Subsection 3(3) of the FEOC Regulation authorized the AUC to issue an order permitting the sharing of records on any terms and conditions that the AUC considered appropriate, provided that certain requirements were satisfied. The AUC found that those requirements were met.
The AUC was satisfied that Enbridge had demonstrated that (i) the sharing of records with URICA was reasonably necessary for Enbridge to carry out its business; and (ii) 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 Enbridge and written representations from Enbridge and URICA, the AUC was satisfied that Enbridge 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 Enbridge’s and URICA’s total offer control were 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.