Regulatory Law Chambers logo

Enfinite Corporation eReserve9 Battery Energy Storage Power Plant Project, AUC Decision 27330-D01-2022

Link to Decision Summarized

Electricity – Facilities

Application

Enfinite Corporation (“Enfinite”) applied for approval to construct and operate the 20-megawatt (“MW”) eReserve9 Battery Energy Storage Power Plant Project (the “Power Plant”).

Decision

The AUC approved the application to construct and operate the Power Plant under s. 11 of the Hydro and Electric Energy Act (“HEEA”). The AUC also approved the application to interconnect the Power Plant to the distribution system of ATCO Electric under s. 18 of the HEEA.

Applicable Legislation

Alberta Ambient Air Quality Objectives

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

AUC Rule 001: Rules of Practice

AUC Rule 007: Applications for Power Plants, Substations, Transmission Lines, Industrial System Designations, Hydro Developments and Gas Utility Pipelines

AUC Rule 012: Noise Control

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

Hydro and Electric Energy Act, RSA 2000, c H-16, ss 11 and 18.

Pertinent Issues

The project comprises 11 2.4-megavolt ampere lithium-ion battery modules from Tesla, Inc., with a total nameplate storage energy capacity of 40 MW-hours. The Power Plant will be located on privately-owned and previously disturbed land approximately six kilometers southwest of the community of Hythe, in the county of Grande Prairie.

The AUC determined that the Power Plant complies with Rule 007: Applications for Power Plants, Substations, Transmission Lines, Industrial System Designations, Hydro Developments and Gas Utility Pipelines, and Rule 012: Noise Control.

The AUC accepted that, in the event of a fire, all emission concentrations would comply with applicable Alberta Ambient Air Quality Objectives guidelines at or beyond 100 meters of the Power Plant. The AUC found that the risk to health due to gases released in a fire is mitigated because the closest residence is approximately 830 meters away. The AUC noted that Enfinite has an emergency response program (“ERP”) and imposed the following as conditions of approval:

(a)     Enfinite, and any subsequent operator, shall implement ongoing upgrades to improve the project’s safety, including but not limited to firmware and software enhancements, monitoring capability enhancement, process changes, and safety standards as they are developed; and

(b)     Enfinite, and any subsequent operator, shall continually update and improve the site-specific ERP, the corporate ERP, and associated ERPs. They will also advise the local fire departments, including but not limited to incorporating all mitigation measures required from discussions with the local fire departments and input from interested stakeholders and residents.

The AUC also required that Enfinite and any subsequent operator maintain insurance coverage sufficient to protect against any reasonably foreseeable liabilities.

Related Posts

Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8

Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8

Link to Decision Summarized Download Summary in PDF Administrative Law – Judicial Review v. Statutory Appeal Application Ummugulsum Yatar (“Ms. Yatar”) contested the denial of her insurance...