In this decision, the Alberta Court of Queen’s Bench (“ABQB”) considered an application by ENMAX PPA Management Inc. (“ENMAX”), requesting a declaration that the effective date of the Battle River Power Purchase Arrangement (“BR PPA”) termination was January 1, 2016. The Balancing Pool maintained that the termination took effect on July 13, 2016, when it assumed ENMAX’s role as buyer under the BR PPA.
For the reasons summarized below, the ABQB found that the effective date of termination of the BR PPA was January 1, 2016, at 12:01 am.