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Jenner (1, 2, and 3) GP Inc., Applications for Orders Permitting the Sharing of Records Not Available to the Public, AUC Decisions 27429-D01-2022, 27430-D01-2022, and 27431-D01-2022

Links to Decision Summarized (1, 2, and 3)

Markets – FEOC

Application

In Decision 27429-D01-2022, the AUC granted Jenner Wind 1 GP Inc. (“Jenner Wind 1”)’s application for the preferential sharing of records relating to the 122-megawatt (“MW”) Jenner 1 Wind Power Plant. Jenner Wind 1 requested permission to share the records not available to the public under s. 3 of the Fair, Efficient and Open Competition Regulation (“FEOC Regulation”) between Jenner Wind 1, Jenner 1 Limited Partnership (“Jenner 1 LP”), CWP Energy Inc., and URICA Energy Real Time Ltd. (“URICA”).

In Decision 27430-D01-2022, the AUC granted Jenner 2 GP Inc. (“Jenner 2”) the same permission concerning information relating to the 71.4 MW Jenner 2 Wind Power Plant. The AUC approved the application to share the records between Jenner 2, Jenner 2 Limited Partnership (“Jenner 2 LP”), CWP Energy Inc., and URICA.

In Decision 27431-D01-2022, the AUC granted Jenner 3 GP Inc. (“Jenner 3”)’s application for permission to share records not available to the public between Jenner 3, Jenner 3 Limited Partnership, CWP Energy Inc. and URICA. The application filed by Jenner 3 according to s. 3 of the FEOC Regulation concerned records relating to the 109 MW Jenner 3 Wind Power Plant.

Decision

The AUC granted the applications for sharing of records.

Applicable Legislation

Alberta Utilities Commission Act, SA 2007, c A-37.2 – s 39(2)(a)(vi).

Electric Utilities Act, SA 2003, c E-5.1 – s 6.

Fair, Efficient and Open Competition Regulation, Alta Reg 159/2009 – s 2, 3, and 5.

Pertinent Issues

The AUC was satisfied that Jenner Wind 1, Jenner 2, and Jenner 3 had, in their respective applications, demonstrated that: (i) the sharing of records with the noted parties was reasonably necessary for each applicant 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 s. 2 of the FEOC Regulation. Relying on submissions from Jenner Wind 1, Jenner 2, and Jenner 3 and written representations from the parties benefiting from the sharing in each respective application, the AUC was satisfied that the parties would conduct themselves in a manner that supports the fair, efficient, and openly competitive operation of the market.

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