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Aura Power Renewables Ltd. Metiskow Solar Project Ltd., AUC Decision 26514-D01-2021

Link to Decision Summarized

Solar Power – Facilities

In this decision, the AUC approved applications from Aura Power Renewables Ltd. (“Aura Power”) to construct and operate a 25-kilovolt (“kV”) power plant, near the town of Provost, Alberta, designated as the Metiskow Solar Project (the “Project”) and to connect the Project to FortisAlberta Inc.’s 25 kV electric distribution system.

Applications

In its applications, Aura Power included a participant involvement program, a renewable energy referral report from Alberta Environment and Parks (“AEP”) Fish and Wildlife Stewardship, an environmental evaluation, an environmental protection plan (“EPP”), a Historical Resources Act approval, a noise impact assessment summary form, a solar glare assessment and a manufacturer datasheet.

Environmental Impacts

AEP ranked the Project as a high risk to wetlands and sensitive breeding amphibians, high risk to breeding birds, moderate risk to migratory birds, moderate risk to bird mortality, and a low risk to wildlife features. In addition, AEP ranked the project fence design as a high risk for wildlife.

Wetlands and Amphibians

Aura Power proposed a 30-meter setback on all Class III and higher wetlands and a 10-meter setback on all Class II wetlands as a best management practice. Aura Power also proposed further alternative mitigations to protect wetland habitats and sensitive amphibians. However, AEP determined that the mitigation measures proposed by Aura Power would not eliminate the risk to sensitive amphibian species and that multiple wetland setbacks would be impacted by the project. AEP considered the Project to pose a high risk to wetlands and sensitive breeding amphibians.

Aura Power submitted that it was considering further mitigation measures and was working with AEP to identify additional mitigations and setbacks. Once the scope of any setback requirements had been resolved, Aura Power confirmed that it would communicate changes with AEP and the AUC.

Breeding Birds

AEP stated that the project presents a high risk to breeding birds based on an abundance of grassland-dependent birds in the project area, including some species at risk, because of siting of the Project on tame grassland.

Aura Power proposed, as mitigation measures, to schedule vegetation removal and mowing outside the breeding bird restricted activity period and, if vegetation removal or mowing is required during this period, to identify any active nests through a nest sweep conducted by a qualified wildlife biologist. If nests or nesting behaviour are detected, a species-specific setback (minimum 100 meters) would be applied until the young fledge and the nest has been confirmed inactive by a qualified wildlife biologist. AEP concluded that nest sweeps would not fully eliminate the risk of nest disturbance or destruction during vegetation removal or mowing and assessed the risk to breeding birds would be high.

Project Fence Layout

Aura Power submitted that the fence layout was not finalized and explained the final fence design would be completed in consultation with AEP. Aura Power would incorporate the recommendations of AEP to align the fence layout with the Wildlife Directive for Alberta Solar Energy Projects.

Other Factors Considered

Aura Power did not submit an initial version of its renewable energy operations conservation and reclamation plan as set out in AEP’s Conservation and Reclamation Directive for Renewable Energy Operations but was in the process of finalizing the plan and committed to providing the final version at least six months before the start of construction.

Aura Power confirmed that it would develop a site-specific emergency response plan before the start of construction. It further provided an overview of how the operator will ensure sufficient funds are available at the Project’s end of life to cover the cost of decommissioning and reclamation. In the case that the salvage value is less than the reclamation costs, Aura Power would make necessary arrangements to deposit funds to provide for the difference.

In support of its decision not to consult with Indigenous groups, Aura Power submitted that the Project would be located on deeded free-hold land and not on Crown land. Further, the proposed interconnection is not across Crown land, and the closest Indigenous group, the Frog Lake First Nation, is located over 150 kilometers away. Also, the Historical Resources Act approval from Alberta Culture and Tourism revealed no concerns, and there are no large water bodies on the project site, and Aura Power does not expect any disruption from the Project to downstream water bodies or to fishing and hunting activities in the area.

AUC Findings

The AUC was satisfied that the submitted participant involvement program and noise impact assessment meet the requirements of Rule 007 and Rule 012, respectively. To provide for the premise of the solar glare report that anti-reflective coating would be applied to Project solar panels, the AUC directed Aura Power to use an anti-reflective coating on the panels.

To address the high risk to wildlife, the AUC was satisfied by Aura Power’s commitment to incorporate AEP’s recommendations into its final project fence design to align with the Wildlife Directive for Alberta Solar Energy Projects.

To account for the risk to wetlands and sensitive breeding amphibians and breeding birds, despite mitigation measures proposed and committed to by Aura Power, the AUC accepted that Aura Power would continue to consult with AEP and, respectively, as conditions of approval, imposed the following conditions:

a)     Aura Power shall file an update to its environmental protection plan to incorporate any additional mitigations and/or changes to setbacks for wetlands and sensitive breeding amphibians that are committed to because of its ongoing consultations with AEP. The update is to be filed with the AUC no later than six months before construction is scheduled to begin; and

b)     Aura Power shall not conduct any construction activities within tame grasslands habitat during the grassland breeding bird restricted activity period;

To ensure compliance with Rule 033: Post-approval Monitoring Requirements for Wind and Solar Power Plants, the AUC directed that:

a)     Once the project is commissioned, Aura Power shall submit an annual post-construction monitoring survey report to AEP and the AUC within 13 months of the Project becoming operational, and by the same date, every subsequent year for with AEP requires surveys pursuant to Subsection 3(3) of Rule 033: Post-approval Monitoring Requirements for Wind and Solar Power Plants.

As Aura Power had not yet submitted an initial renewable energy operations conservation and reclamation plan and had not finalized the selection of equipment for the project, the AUC imposed the following, respectively, as conditions of approval:

a)     Once Aura Power has made its final selection of equipment for the project, it must file a letter with the AUC that identifies the make, model, and quantity of the equipment and, if the equipment layout has changed, provide an updated site plan. This letter must also confirm that the finalized design of the project will not increase the land, noise, glare, or environmental impacts beyond the levels approved in this decision. This letter is to be filed no later than one month before construction is scheduled to begin; and

b)     Aura Power shall file a report with the AUC detailing any complaints or concerns it receives or is made aware of regarding solar glare from the project during its first year of operation, as well as Aura Power’s response to the complaints or concerns. In the event of complaints or concerns, Aura Power shall file this report no later than 13 months after the project becomes operational.

The AUC found that Aura Power had met the requirements of Rule 007 and Rule 012 and that approval of the project was in the public interest in accordance with Section 17 of the Alberta Utilities Commission Act. The AUC, accordingly, approved the applications to construct and operate and to interconnect the Project.

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