On July 14, 2017, ENMAX filed an action against the Balancing Pool seeking assistance from the Court to have the Balancing Pool complete its assessment and verification process of the Keephills Power Purchase Arrangement (PPA) turnback, which ENMAX initiated 14 months ago. This Court action follows the confirmation by the Balancing Pool in documents listed on its own website that ENMAX was entitled to return the Keephills PPA to the Pool. The Balancing Pool confirmed the turnback of the Battle River PPA by ENMAX in January 2016 – a process that took six weeks.
ENMAX has also requested the Balancing Pool correct the misinformation in customer consultation materials posted on its website, which state that "the Battle River and Keephills PPAs cannot be terminated until the government's lawsuit contesting the return of those PPAs to the Balancing Pool is resolved."1 This statement is not correct. There is no valid legal reason the Balancing Pool cannot follow the established rules and procedures regarding these PPAs. The Court has not imposed a stay on the Balancing Pool carrying out its duties. Last fall, the Court denied the Balancing Pool's request for a stay on the basis of the Government's lawsuit for a related PPA termination. The Balancing Pool is therefore legally free, and obligated, to complete its assessment of the Keephills PPA turnback.
According to the Balancing Pool's own analysis, terminating these PPAs as soon as possible provides the greatest economic benefit to all Albertans as we transition away from coal.
1 www.balancingpool.ca/wp-content/uploads/2017/07/PPA-Termination-Customer-Information-Package.pdf, page 9.
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