Market Oversight and Enforcement – FEOC
In this decision, the AUC approved the application from Conrad Solar Inc. (“Conrad Solar”) 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”) between Conrad Solar and URICA Energy Real Time Ltd. (“URICA”).
Introduction and Procedural Background
Conrad Solar filed an application seeking permission to share records not available to the public between Conrad Solar and URICA relating to the planned Wrentham Solar Project (the “Project”), located in the County of Warner. The Project will consist of 90,325 solar photovoltaic panels and have a total generating capability of 41.4 megawatts.
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 Conrad Solar had demonstrated that (i) the sharing of records with URICA was reasonably necessary for Conrad Solar 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 Conrad Solar and written representations from URICA, the AUC was satisfied that Conrad Solar 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 Conrad Solar and URICA are 0.6 percent. The total is 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 granted the application for sharing of records.