Fair, Efficient and Open Competition Regulation – Sharing of Records
In this decision, the AUC granted the application from Pembina NGL 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 TransCanada Energy Ltd. (“TCE”), relating to Pembina’s 45.8-megawatt (“MW”) natural gas-fired cogeneration unit and TCE’s 46-MW cogeneration facility.
Subsection 3(3) of the FEOC Regulation allows 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 are satisfied. The AUC found that those requirements were met.
The AUC was satisfied that Pembina had demonstrated that (i) the sharing of records with TCE was reasonably necessary for Pembina 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 Pembina and written representations from Pembina and TCE, the AUC was satisfied that Pembina and TCE would conduct themselves in a manner that supports the fair, efficient and openly competitive operation of the market.
The AUC further found that Pembina’s and TCE’s total offer control were well below the maximum of 30 per cent, set out in Subsection 5(5) of the FEOC Regulation. The AUC also considered the Market Surveillance Administrator’s support of this application to have been a contributing factor in the decision to permit the sharing of records.
The AUC issued an order extending the term of Pembina and TCE’s existing order allowing them to share records not available to the public, subject to terms and conditions.