The PPAs included a number of rights and assurances that allowed companies to confidently enter into the PPA auction, one of which was a "change in law" clause that allows PPA buyers to return a PPA to the Balancing Pool without penalty if a change in law made by the government either made the PPA unprofitable or more unprofitable. Specifically, a clause in the PPA states:
Notwithstanding any of the foregoing, to the extent that a Change in Law, after giving effect thereto and to this Section 4.3, could reasonably be expected to render continued performance by the Parties to this Arrangement for the balance of the Effective Term unprofitable, or more unprofitable, to the Buyer in respect of a Unit, having taken account of any compensation entitlement under Section 4.3(i) or any amount due from the Balancing Pool, then the Buyer may terminate this Arrangement and shall not be liable for, nor entitled to any Termination Payment.
The government made changes to the Specified Gas Emitters Regulation (SGER) that rendered both ENMAX PPAs more unprofitable, and with that, ENMAX engaged the change in law clause.
All customers are free to purchase natural gas services from the default supply provider or from a retailer of their choice and to purchase electricity services from the regulated rate provider or from a retailer of their choice. The delivery of natural gas and electricity to you is not affected by your choice. If you change who you purchase natural gas services or electricity services from, you will continue receiving natural gas and electricity from the distribution company in your service area. For a current list of retailers you may choose from, visit www.ucahelps.alberta.ca or call 310-4822 (toll free in Alberta).
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