Facilities – Compliance
Application
A resident close to the ENMAX Power Corporation (“EPC”), No. 28 Substation (the “Substation”) filed a noise complaint. In response to the noise complaint and an investigation by AUC enforcement staff, EPC filed an application requesting: the AUC to provide direction regarding the application of the New Dwelling Rule set out in Rule 012: Noise Control (“Rule 012”) in the specific circumstances of the Substation alternatively approval of a Class A2 adjustment and direction on the installation of a barrier to meet permissible sound levels at relevant residences.
Decision
The AUC found that EPC No. 28 Substation complies with Rule 012. The AUC therefore determined that no mitigation measures were required.
Applicable Legislation
AUC Rule 012: Noise Control
Pertinent Issues
The Substation began operation in 1969, before the residence of the complainant was constructed. The comprehensive sound level survey submitted by EPC showed that the noise levels at residences near the Substation were predicted to exceed the present nighttime permissible sound level.
The New Dwelling Rule under Rule 012 is intended to provide regulatory certainty to owners and operators of existing and operational electric facilities that newly constructed or permitted dwellings are to be subject to the existing acoustic environment as it relates to noise emitted from those facilities.
The AUC agreed with EPC that the New Dwelling Rule contains no restrictions or exclusions concerning the type or age of facilities other than the high-level requirement that the rule is triggered where there is an existing and operational facility that pre-dates the construction of nearby dwellings. The AUC was therefore satisfied that the noise levels at the Substation comply with Rule 012.
