Enmax Energy Corporation (“ENMAX”) applied to the ABCA seeking an adjournment to its previous application for permission to appeal AUC Decision 790-D03-2015 (the “Line Loss Module B Decision”).
ENMAX had previously applied to the ABCA forpermission to appeal the Line Loss Module B Decision, which is one of a series of AUC decisions regarding Milner Power Inc.’s complaint about ISO rules related to line losses (see summary of AUC Decision 790-D04-2016 below for additional details).
ENMAX requested the ABCA adjourn its request to appeal the Line Loss Module B Decision until after the related Module C proceedings are completed.
Milner Power Inc. and ATCO Power Ltd. opposed the adjournment, submitting that the Line Loss Module B Decision is a final standalone decision and not dependant on the outcome of the forthcoming Module C decision(s).
The ABCA granted the adjournment. Martin J.A. held that denying the adjournment could result in litigation by installment, a practice strongly discouraged by the courts.
Martin J.A. concluded that there was no compelling reason to make an exception in this case.
