Market Oversight and Enforcement – FEOC
In this decision, the AUC approved the application by the TransAlta Generation Partnership (“TransAlta GP”) 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
TransAlta GP filed an application seeking permission to share records that are not available to the public between TransAlta GP, TransAlta Corporation (“TransAlta Corp.”), TransAlta Alberta Hydro LP (“TransAlta Hydro”) and URICA Energy Real Time Ltd. (“URICA”). The application relates to records regarding the Keephills 1 (“KH1”) and Keephills 2 (“KH2”) generating units, each with a capacity of 406 megawatts (“MW”). TransAlta GP also requested permission to share records between TransAlta Corp., TransAlta Hydro, and URICA, relating to the following generating assets: Sundance 4, Sundance 5, Sundance 6, KH1, KH2, Keephills 3 (“KH3”), Bow River Hydro, Brazeau Hydro, Bighorn Hydro, and Small Power Producers.
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 considers appropriate, provided that specific requirements are satisfied. The AUC found that these requirements were met in this application.
The AUC was satisfied that TransAlta GP had demonstrated that (i) the sharing of records is reasonably necessary for it to carry out its business; (ii) that the subject records would not be used contrary to the fair, efficient, and openly competitive operation of the Alberta electricity market, including the conduct referred to in Section 2 of the FEOC Regulation; and (iii) that the applicants would conduct themselves in a manner that would support the fair, efficient and openly competitive operation of the market.
The AUC also found that the offer control limit of the entities was less than 30 per cent, as required by Subsection 5(5) of FEOC Regulation. The AUC also noted that the Market Surveillance Administrator supported the application.
The AUC consequently approved the applied-for sharing of records, subject to terms and conditions set out in the decision.
