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Brooks Solar GP II Inc. Brooks Solar Project Amendments and Ownership Transfer, AUC Decision 26661-D01-2021

Link to Decision Summarized

Solar Power – Facilities

In this decision, the AUC approved the application from Brooks Solar II GP Inc. (“Brooks Solar”) for amendments to the Brooks Solar II Project (the “Project”) and to transfer ownership of the Project to Brooks Solar II Corporation.

Amendments

Brooks Solar applied to vary the design of the project by using an alternative inverter model, which it anticipated would provide additional technical and commercial benefits. Due to confirmation from the manufacturer, the capability of the individual solar panels changed. As a result, instead of the originally approved 72,000 panels, the Project would now consist of approximately 73,450 solar panels.

Brooks Solar proposed a minor increase to the site plan of the Project. In alignment with the fence design policy of Alberta Environment and Parks (“AEP”), Brooks Solar planned to increase the fenced area on the northern side of the project by approximately 0.3 hectares to include Torxen Energy Ltd.’s gas lease area, as opposed to building the fence around the lease. Brooks Solar confirmed that the project’s environmental and community setbacks remain unchanged.

AEP confirmed that an amendment application was not required for this change. Brooks Solar further submitted confirmations that the project’s environmental impacts would not increase and that the project would remain compliant with Rule 012: Noise Control. The total generating capacity of the Project would remain the same.

Ownership Transfer

Brooks Solar applied for approval to transfer to Brooks Solar II Corporation ownership of the power plant and associated approvals. As part of the request, Brooks Solar provided a certificate confirming that Brooks Solar II Corporation is incorporated under the Alberta Business Corporations Act.

AUC Findings

The AUC was satisfied that the amendments to the Project would not change its compliance with applicable rules and requirements. The AUC further accepted Brooks Solar’s submission that the changes and finalized design would not increase the impacts of the Project on the environment or the surroundings beyond what had been approved originally.

Given the minor changes, the AUC was further satisfied that Brooks Solar had taken adequate steps to notify stakeholders.

As required by Section 23 of the Hydro and Electric Energy Act, Brooks Solar demonstrated that Brooks Solar II Corporation is eligible to hold the power plant approval and connection order. The AUC considered the requested amendments to be in the public interest in accordance with Section 17 of the Alberta Utilities Commission Act and granted approval of the power plant approval and connection order ownership change.

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