Market Oversight and Enforcement – FEOC
In this decision, the AUC approved the application from Horseshoe Power GP Ltd. (“Horseshoe”) for an order to permit the sharing of records pertaining to the electricity and ancillary services markets under Section 3 of the Fair, Efficient and Open Competition Regulation (“FEOC Regulation”).
Introduction and Procedural Background
Horseshoe filed an application seeking permission to share records not available to the public between Horseshoe, Horseshoe Power Limited Partnership (“Horseshoe LP”) and URICA Energy Real Time Ltd. relating to the 6.05 megawatt Blackfalds Power Generation Facility (asset ID BFD1), located in the County of Lacombe.
AUC Findings
Subsection 3(3) of the FEOC Regulation authorizes the AUC to issue an order permitting the sharing of records on any terms and conditions that the AUC considered appropriate, provided that certain requirements are satisfied. The AUC found that those requirements were met.
The AUC was satisfied that Horseshoe had demonstrated that (i) the sharing of records with URICA was reasonably necessary for Horseshoe 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 Section 2 of the FEOC Regulation. Relying on submissions from Horseshoe and written representations from Horseshoe LP and URICA, the AUC was satisfied that Horseshoe and URICA would conduct themselves in a manner that supports the fair, efficient and openly competitive operation of the market.
The AUC further found that total offer control percentages of Horseshoe, Horseshoe LP, and URICA were well below the maximum of 30 percent, set out in Subsection 5(5) of the FEOC Regulation.
Given the mandate of the Market Surveillance Administrator (“MSA”) under Subsection 39(2)(a)(vi) of the Alberta Utilities Commission Act, the AUC considered the MSA’s support of this application to have been a contributing factor in the decision to permit the sharing of records.
The AUC approved the application.
