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NEXUS Energy Associates Ltd. Rocky Power Plants, AUC Decision 27198-D01-2022

Link to Decision Summarized

Electricity – Facilities

Application

NEXUS Energy Associates Ltd. (“NEXUS”) applied to construct and operate the 2.95-megawatt (“MW”) Rocky 2 Power Plant and to connect it to the Alberta Interconnected Electric System (“AIES”). The AUC also approved the applications to construct the six-MW Rocky 4 Power Plant and exempted it from an AUC power plant approval (the “Rocky 2 and Rocky 4 Power Plants”). The AUC also approved the request to interconnect the power plants to the AIES (collectively, the “Project”).

Decision

The AUC approved the Rocky 4 Power Plant. As the Rocky Power Plant, Rocky 2 Power Plant, and Rocky 4 Power Plant will be located at the same site, the AUC considered the three power plants together and issued one approval for the entire site.

Pursuant to s. 11 of the Hydro and Electric Energy Act (“HEEA”), the AUC approved the applications to construct and operate the Rocky 2 and Rocky 4 Power Plants. Under s. 18 of the HEEA, the AUC approved the applications to connect the Rocky Power Plant and the Rocky 2 Power Plant to FortisAlberta Inc.’s 25-kV electric distribution system.

Applicable Legislation

Alberta Utilities Commission Act, SA 2007, c A-37.2 – s 9 and 17.

AUC Rule 012: Noise Control.

Business Corporations Act, RSA 2000, c B-9.

Historical Resources Act, RSA 2000, c H-9.

Hydro and Electric Energy Act, RSA 2000, c H-16 – s 11, 13, 18, and 23.

Pertinent Issues

The AUC reviewed the applications and determined that the Project’s technical, siting, emissions, environmental, and noise aspects met the applicable requirements. The AUC was also satisfied that the participant involvement program conducted by NEXUS met the relevant requirements and that no outstanding stakeholder concerns remained.

The AUC imposed the following conditions of approval to ensure that NEXUS implements mitigating measures:

(a)     NEXUS must implement the noise mitigation measures recommended in the Project’s noise impact assessment or alternative mitigation measures that meet or exceed the acoustic specifications described in the noise impact assessment. This will bring the existing Rocky Power Plant into compliance with Rule 012: Noise Control (“Rule 012”) before commissioning operations of the Rocky 2 and Rocky 4 Power Plants. NEXUS must conduct near-field measurements to verify the effectiveness of the mitigation measures. NEXUS must demonstrate the compliance of its power plant site with Rule 012 through noise modelling based on the near-field measurements; and

(b)     Within three months after the Rocky 2 and Rocky 4 Power Plants commence operations, NEXUS must file a report with the AUC detailing the mitigation measures that it has implemented, describing the near-field measurements it has conducted and demonstrating compliance of the entire NEXUS site with Rule 012 through noise modelling based on the near-field measurements.

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