In this decision, the Alberta Court of Queen’s Bench (“ABQB”) considered an application by ENMAX Energy Corporation (“ENMAX”) for (the “Application”):
(a) an interim injunction compelling the Balancing Pool to complete and communicate the results of its assessment and verification of ENMAX’s Termination Notice (the “Termination Notice”) in respect of the Power Purchase Arrangement (“PPA”) for the Keephills Generation Facility (the “Keephills PPA”);
(b) an interim injunction compelling the Balancing Pool to take offer and dispatch of Keephills Units 1 and 2 without further delay; and
(c) in the alternative, the determination of an issue of law, namely whether the Balancing Pool is required to fulfill its statutory obligations to complete and communicate the results of its assessment and verification of the Keephills Termination Notice and take offer and dispatch control of Keephills Units 1 and 2.
The ABQB:
(a) granted an interim injunction compelling the Balancing Pool to complete and communicate the results of its assessment and verification of the Termination Notice; and
(b) dismissed, as premature, ENMAX’s application for an interim injunction compelling the Balancing Pool to take offer and dispatch control of Keephills Units 1 and 2.