Regulatory Law Chambers logo

Alberta Electric System Operator Needs Identification Document Application, EPCOR Distribution & Transmission Inc. Facility Applications Clover Bar Interconnection Project, AUC Decision 27676-D01-2023

Link to Decision Summarized

Electricity – Facility

Application

The AUC previously granted approval to Air Products to construct and operate an electric system, designated as an industrial system, at its hydrogen plant, which included a 90.5-megawatt (“MW”) combined-cycle power plant and a substation designated as Aurum Park 1007S Substation in northeast Edmonton (the “Project”).

The Alberta Electric Systems Operator (“AESO”) filed a needs identification document (“NID”) application with the AUC to connect the Project to the Alberta Interconnected Electric System. The AESO also directed EPCOR Distribution & Transmission (“EDTI”) to apply for approval to construct, operate and connect the proposed transmission development. EDTI filed three applications for the facilities to meet the need identified by the AESO. The AESO and EDTI requested that the AUC consider these applications jointly, which was granted.

The Lac Ste. Anne Métis Community Association (“LSAMCA”) filed a statement of intent to participate objecting to the proposed transmission development.

Decision

The AUC denied LSAMCA standing finding it did not demonstrate how the construction of the transmission line and modifications to the existing substation may directly and adversely impact LSAMCA’s asserted rights and interests.

The AUC approved the AESO’s NID application. The AUC approved the facility applications conditional on the AUC receiving ministerial consent from Alberta Infrastructure in accordance with s 4 of the Edmonton Restricted Development Area Regulations (“ERDAR”).

Pertinent Issues

In response to the system access service requests from EDTI and Air Products, the AESO examined nine alternatives to meet the identified need and provided a preferred option. S 38(e) of the Transmission Regulation provides that the AUC must consider the AESO’s assessment of the need to be correct unless an interested person satisfies the AUC that the AESO’s assessment of the need is technically deficient, or approval of the NID application is not in the public interest. Since there were no interveners in the proceeding, the AUC concluded that the AESO’s assessment of the need was correct.

The AUC also found that the facility applications filed by EDTI complied with the information requirements prescribed in Rule 007: Applications for Power Plants, Substations, Transmission Lines, Industrial System Designations, Hydro Developments and Gas Utility Pipelines and that they were consistent with the need identified by the AESO.

Under s 4 of the ERDAR, the AUC shall not issue a permit and license for transmission facilities within the transportation and utility corridor without prior written consent from the Minister of Infrastructure. The AUC granted approval for the construction and connection of the facilities, subject to receiving the required ministerial consent.

Related Posts

Auer v. Auer, 2024 SCC 36

Auer v. Auer, 2024 SCC 36

Link to Decision Summarized Download Summary in PDF Appeal – Standard of Review What standard of review applies when we determine whether a regulation is established within the scope of the enabling...