Ownership Transfer – Connection
In this decision, the AUC varied specific findings in Decision 24434-D01-2021 (the “Decision”) following an application from C&B Alberta Solar Development ULC (“CBA”). Based on CBA’s changes to its proposed project, associated mitigation measures and the Alberta Environment and Parks (“AEP”) revised risk ranking for the project, the AUC approved CBA’s applications to amend the previously approved Tilley Solar Power Plant, which amendments where initially denied.
Introduction
In the Decision the AUC had denied an application from CBA to amend the previously approved Tilley Solar Power Plant (the “Power Plant”). The AUC also denied the application to extend the construction completion date of the Power Plant, to transfer ownership of the Power Plant to CS Tilley Solar GP Inc., and to connect the Power Plant to the FortisAlberta Inc. electric distribution system. The AUC denied the amendment applications and rescinded Approval 22297-D02-2017, as it found, based on the assessment by AEP, the risk to wildlife and wildlife habitat was high.
Following its application for review and variance of findings in the Decision, CBA made changes to the project layout, infrastructure, construction schedule and developed an updated wildlife mitigation plan. The proposed revisions included reducing the amount of native grassland habitat that would be disturbed, reducing the footprint of the project, altering construction schedules, and adhering to the restricted activity period for breeding birds during construction and operation of the project. Based on proposed revisions, AEP determined that there had been a reduction in the overall risk to wildlife and wildlife habitat for the project and determined that the project would have an overall moderate risk.
The review application was filed pursuant to Section 10 of the Alberta Utilities Commission Act and Rule 016: Review of Commission Decisions.
AUC Decision
The AUC combined the two stages of the review and variance (“R&V”) application process as all the information necessary for both stages was available on the record of the proceeding.
The Review Panel approved CBA’s applications to: amend the previously approved Tilley Solar Power Plant, extend the construction completion date of the power plant, transfer ownership of the power plant to CS Tilley Solar GP Inc. and connect the power plant to the FortisAlberta Inc. electric distribution system. The Review Panel based this decision on changes made by CBA for the proposed project, associated mitigation measures and AEP’s revised risk ranking for the project.
