Market Oversight and Enforcement – FEOC
In this decision, the AUC approved the application from the Balancing Pool for the preferential sharing of records that are not available to the public 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
The Balancing Pool filed an application seeking permission to share records not available to the public between the Balancing Pool (acting in its capacity on behalf of a small scale power producer, under Section 7 of the Small Scale Generation Regulation), East Strathmore Solar Project Inc. (“East Strathmore SP”), Elemental Energy Inc. (“Elemental”), Elemental Energy Renewables Inc. (“Elemental Renewables”) and URICA Energy Real Time Ltd. (“URICA”) relating to the 20.1-megawatt East Strathmore Solar Power Plant located in Wheatland County.
Section 7 of the Small Scale Generation Regulation states that “unless…request[ed] otherwise, the Balancing Pool (a) must act as the electricity market participant on behalf of the small scale power producer in dealings with the ISO in respect of the electric energy supplied by the small scale power producer’s small scale generating unit.” The AUC held that East Strathmore SP qualifies as a small scale power producer and is therefore represented as an electricity market participant by the Balancing Pool.
Subsection 3(3) of the FEOC Regulation authorizes 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 the Balancing Pool had demonstrated that (i) the sharing of records with URICA was reasonably necessary for the Balancing Pool 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 the Balancing Pool and written representations from all parties, the AUC was satisfied that the Balancing Pool, East Strathmore SP, Elemental, Elemental Renewables 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 total offer control percentages of Balancing Pool, East Strathmore SP, Elemental, Elemental Renewables and URICA are below the maximum of 30 percent, set out in subsection 5(5) of the FEOC Regulation.
Given the mandate of the Market Surveillance Administrator (“MSA”) 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.