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Balancing Pool Application for an Order Permitting the Sharing of Records Not Available to the Public Regarding the Stavely Solar Project, AUC Decision 27934-D01-2023

Link to Decision Summarized

FEOC Regulation – Sharing of Records


The Balancing Pool filed an application on behalf of Concord Stavely GP2 Ltd. under the Fair, Efficient and Open Competition Regulation (“FEOCR”), seeking permission to share records not available to the public related to the 16.5-megawatt Concord Stavely Solar Project.


The AUC was satisfied that the Balancing Pool had demonstrated that: (i) the sharing of records 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. The AUC was also satisfied that the total offer control of the parties would not exceed the offer control limit of 30 percent under s 5(5) of the FEOCR. The AUC considered the Market Surveillance Administrator’s support of the application to contribute to its determination to permit the 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 159/2009ss 2, 3, and 5(5).

Small Scale Generation Regulation, Alta Reg 194/2018 – s 7.

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