Review and Variance – Time Extension – Transmission Line
The AUC previously approved an application by TransAlta Corporation (“TransAlta”) to extend its existing approvals to construct the 909L and 1043L transmission lines (the “Rebuild Project”) until July 31, 2016, subject to the condition that TransAlta reach a negotiated settlement with the Enoch Cree Nation (“Enoch”). That condition is also the subject of the review and variance request filed by TransAlta on January 26, 2016.
The deadline for the construction of the Rebuild Project was originally set for August 2012. However the Enoch requested that construction be halted on the Stony Plain Indian Reserve 135. TransAlta and Enoch have since been engaged in settlement discussions to allow construction to continue. TransAlta noted on January 26, 2016 that an agreement in principle was likely to be reached by noon on February 1, 2016, but that such an agreement in principle could not be formalized, as such agreements require a Band Council Resolution from the Enoch. TransAlta therefore requested that the AUC grant additional time to complete the rebuild project out to November 30, 2016, as one of the terms of the agreement was to create subcontracting opportunities for the Enoch members, which would require additional time.
The ground of review advanced by TransAlta was that new facts or changed circumstances arose since Decision 20598-D10-2016 was issued, that could lead the AUC to materially vary or rescind the decision.
The AUC held that the evidence on the record demonstrates that TransAlta and Enoch reached an agreement, and noted that such an agreement constituted a material change since the issuance of Decision 20598-D01-2015 that could lead the AUC to materially vary or rescind the decision.
Having found that TransAlta met the test required for review of Decision 20598-D01-2015, the AUC considered whether it would:
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Delete the condition requiring TransAlta to file by February 1, 2016 confirmation of having reached a negotiated settlement with Enoch; and/or
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Granting a further extension to complete the Rebuild Project to November 30, 2016.
The AUC noted that the evidence on the record of this proceeding indicated that the agreement was finalized on March 3, 2016, and that the time requested for the extension was to allow time to provide opportunities to the Enoch for the Rebuild Project. The AUC therefore held that the requested variations were in keeping with the broader public interest considerations in Decision 20598-D10-2015, and granted the requested variances.
