Market Oversight and Enforcement – FEOC
In this decision, the AUC granted the application from Enbridge Pipelines Inc. (“Enbridge”) 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
Enbridge filed an application seeking permission to share records not available to the public between Enbridge, Tidal Energy Marketing Inc. (“Tidal”) and URICA Energy Real Time Ltd. (“URICA”), relating to the 20.01-megawatt (MW) South Edmonton Terminal Power Generation Facility (asset ID SET1).
In Order 26257-D02-2021, the AUC had approved the sharing of the non-public records in question between Enbridge and URICA. In this application, Enbridge submitted that the development and communication of price-quantity pairs in the energy and ancillary services markets to URICA would be most efficiently conducted through the involvement of both Enbridge and Tidal employees.
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 Enbridge had demonstrated that (i) the sharing of records with Tidal was reasonably necessary for Enbridge 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 Enbridge and written representations from Enbridge and Tidal, the AUC was satisfied that Enbridge and Tidal 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 of Enbridge, Tidal and URICA were well below the maximum of 30 per cent, 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.
