ENMAX has received another favourable Court decision regarding its legal defense of its Power Purchase Arrangement (PPA) terminations. In the latest ruling, the Court has ordered the Balancing Pool to fulfill its statutory duties to assess and verify the termination of the Keephills PPA in good faith and without further delay. This decision comes more than 18 months after ENMAX's termination of the Keephills PPA on May 5, 2016.
ENMAX was compelled to bring court action against the Balancing Pool when it refused to perform its statutory duties, citing the existence of the broader PPA legal action commenced by the Attorney General of Alberta. ENMAX is pleased that the Court rejected the Balancing Pool's argument for not proceeding with its duties.
This ruling follows another favourable Court decision received in October 2017 in which the Court ruled in favour of ENMAX regarding the effective termination date of the Battle River PPA. With respect to the ongoing Court proceeding regarding the PPAs initiated by the Government of Alberta in July 2016, ENMAX remains confident in its legal position and committed to seeking a resolution that reflects the best interests of our Shareholder, the 1.2 million citizens of Calgary.
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