Market Oversight and Enforcement – FEOC
In this decision, the AUC approved the application from Travers Solar GP Ltd. (“Travers Solar”) for an order permitting it to share records pertaining to the electricity and ancillary services markets that is not available to the public under Section 3 of the Fair, Efficient and Open Competition Regulation (“FEOC Regulation”).
Introduction and Procedural Background
Travers Solar filed an application seeking permission to share records not available to the public, including energy price, volume pairs, and available capability, between Travers Solar, Travers 2 Solar LP (“Travers 2 Solar”), and URICA Energy Real Time Ltd. (“URICA”) relating to the to-be-constructed 465-megawatt (“MW”) Travers Solar Power Plant (the “Power Plant”). The Power Plant will be located in the village of Lomond.
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. The AUC found that the necessary and applicable requirements for the approval were met.
The AUC was satisfied that Travers Solar had demonstrated that the sharing of records with URICA was reasonably necessary for Travers Solar to carry out its business; and that 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 Travers Solar and written representations from Travers 2 Solar and URICA, the AUC was satisfied that Travers Solar and URICA 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 Travers Solar, Travers 2 Solar, and URICA were well below the maximum of 30 percent, 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.
